Understanding International Law in International Relation
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International law refers to the customs, norms, principles and rules that establish binding obligations among states and other international actors. The main sources of international law are conventions, treaties, customs, and judicial decisions. However, international law has weaknesses as well, such as vague obligations from treaties, lack of an effective legal enforcement system, and powerful states' ability to ignore laws that conflict with their interests. Nonetheless, international law still has enduring value in that states usually comply due to identity, self-interest, or fear of reprisals, and it can shape norms and identities over time.
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International law
International law is the set of rules that are accepted as binding by states in their relations with each other and individuals. It emerged in the 16th century from thinkers like Grotius and serves as the framework for organized international relations. There are various sources of international law, including treaties, customary practice, and general legal principles. The key subjects that international law applies to are states and non-state actors like individuals and international organizations. The 10 main principles of international law include sovereign equality of states, non-use of force, territorial integrity, and human rights.
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International law governs relations between nations and addresses issues like territorial disputes, laws of war, and human rights. It primarily concerns relations between states rather than private citizens. States are only bound by international law if they consent to and agree to abide by it. International law includes public international law, private international law, and supranational law. The main sources of international law are treaties, customary practices, and general principles recognized by nations. Secondary sources include decisions of international courts and scholarly writings.
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Understanding International Law in International Relation
- 1. International Law Meaning. Sources. Weakness. Enduring Value.
- 2. The Meaning of International Law • Defining international law: – The customs, norms, principles, rules and other legal relations among states and other international legal personality that establish binding obligations. – A body of rules which binds states and other agents in world politics with one another.
- 3. Sources of International Law • Sources: 1. Conventions and treaties 2. International customs 3. Generally recognized principles of law 4. International judicial decisions, writing of recognized scholars and treatises.
- 4. Weakness of International Law • Vague and conflicting obligations— largely the result of importance of treaties and conventions • No effective legal system 1. Lack of compulsory jurisdiction a. International Court of Justice b. Optional Clause 2. Absence of judicial hierarchy
- 5. Weakness of International Law • Law and Power 1. Powerful states able to ignore law when it conflicts with their interests 2. Law itself is often a reflection of power and interests
- 6. The Enduring Value of International Law • False lessons of spectacular failures 1. Example: Kellogg-Briand Pact 2. Need realistic vision of what international law can and cannot accomplish 3. Positive v. normative law traditions
- 7. The Enduring Value of International Law • States usually abide by international law 1.Identitive compliance 2.Utilitarian compliance 3.Coercive compliance (possibility of reprisals) • Liberalism and international law: embodying shared values • Constructivism and international law: shaping norms and identities
- 8. Conclusion International Law, neither an irrelevancy nor panacea.