INTERNATIONAL LAW 1

INTERNATIONAL LAW

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Introduction

International law, also referred to as public international law are established rules,

standards and regulations that are accepted and applied in the interactions between states in

their relations across various domains such as conflict, trade, diplomacy and human rights1.

International law governs how countries and states relate with each other. According to von

Glahn, and Taulbee, international law has a significant impact on people’s lives across the

world since it facilitates the amicable resolution of national disputes and encourages states to

address issues such as poverty, food instability, environmental degradation and the protection

of human rights2. The sources of international law are the materials which are used to develop

the rules and regulations that govern international relations. These include; treaties,

international customary law, the writings of scholars and the general ideologies that are

accepted by advanced nations3.

Vienna Convectional Law of Treaties of 1969

The Vienna Convectonal Law of Treaties (VCLT) is an agreement that was formed as

an instrument of regulating international contracts. It provides a definition of what a treaty is

and states how they are made, maintained, revised and terminated. VCLT was adopted in

1969 and enforced in 1980 and has been approved by 116 countries around the world; it only

applies to these states that have ratified the treaty. The VCLT was introduced as a method of

governing peaceful international relations regardless of the differences in their culture,

1
Shaw, M. (2014). International Law. Oxford University Press.

2
von Glahn, G. & Taulbee, J.L. (2015). Law Among Nations: An Introduction to Public International Law. New
York: Routledge.

3
Corbett, P. (2015). The growth of world law. Princeton University Press.
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constitution and social systems. The VCLT states that treaties between countries should be

made in good faith, where each party honors its commitment. It also affirms that disputes that

arise as a result of the treaties should be resolved amicably in line with the principles of

international law.

The drafting of the VCLT was began in 1949 by International Law Commission (ILC)

of the United Nations. In the twenty years of its making, several versions were developed and

revised, until the final version was ready4. VCLT is limited to contracts between states, it does

not cover agreements between states and multinational corporations or international

organizations. It also applies only to written contracts, it does not recognize oral and implicit

contracts.

International Human Rights Law

International human rights law (IHRL) are a form of international law pertaining to the

protevtion of the rights of every human being across the world and are applicable at all times,

including during times of conflict and natural calamities. It is therefore a treaty outlines the

basic protections that people are entitled to. Established in 1948, the Universal Declaration of

Human Rights consists of several human rights treaties and is the basis upon which IHRL was

formed. It is made up of two types of law; treaty law and international customary law. Treaty

law refers to agreements that are explicitly stated and therefore legally enforceable, while

customary law refers to the implicit human rights protections which are imposed by states.

International human rights are applied on both domestic and international levels; thus, when

4
Lo, C. (2018). Treaty Interpretation Under The Vienna Convention On The Law Of Treaties. [S.L.]:

Springer.
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the domestic law fails to protect citizens against human rights breaches, the victims of the

abuses may resort to international human rights laws for a solution.

IHRL was adopted to facilitate the upholding of dignity and justice for all. It works by

establishing the treaty obligations which every state must respect, protect and fulfill towards

its citizens. By committing to respect human rights, states affirm that they will not interfere

with its citizens’ enjoyment of human rights. The commitment to protect means that citizens’

rights should not be abused. While the commitment to fulfill means that the state will play an

active role in creating an environment where its citizens can enjoy their basic human rights.

The United Nations enforces the international human rights laws by creating systems

that assess each states’ compliance to the laws. These include establishing human rights

bodies such as the Human Rights Council to oversee the implementation of the treaty

obligations. The main aim of International Human Rights Law (IHRL) is to reduce and

prevent the discriminatiom and abuse of individuals, and to protect groups that are most

vulnerable to human rights violations. Some of the treaties contained in international human

rights law include the treaty to prevent genocide, the treaty to abolish racial discrimination,

the treaty to eliminate torture and other inhuman methods of punishment, and the treaty to

protect the rights of disabled people and children. IHRL therefore prescribes what the rights

of every human being are, and the specific ways in which they can be protected. 5

International Economic Law with emphasis on it’s principles and World Trade

Organization

Every state has an obligation to actively facilitate the economic advancement of its

populace. A significant proportion of protecting people’s human rights involves protecting

5
Baderin, M., & Ssenyonjo, M. (2016). International human rights law. London: Routledge.
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their economic welfare by creating an environment that is conducive for economic activity.

International Economic Law is a branch of international law that is concerned with the

economic progression of nations through their engagement in trade and investment activities,

as well as their implementation of favorable trade policies. International economic law

watches over economic transactions among states across the world. It is governed by seven

principles, these are; mutuality, dominance over natural resources, economic independence,

the obligation to work together harmoniously, being partisan to developing countries,

freedom, and equality among nations. The World Trade Organziation (WTO) is an

international organization that oversees trade between nations with the goal of facilitating fair

trade between exporters and importers of goods and services6. It plays a key role in enhancing

the implementation of international economic rights through its principles which are geared

towards free and fair trade among nations. It also encourages the economic development and

reform of states, and provides special assistance to developing countries. The WTO therefore

is the vehicles through which international economic law is implemented.

International Economic Law affirms that each nation has the right to freely make

foreign investments and that no state should be accorded preferential treatment during

investment transactions. No country, regardless of its financial status should be discriminated

in international trade. It also states that nations have the right to monitor the activities of

multinational activities that operate in their country, and take steps to ensure that they comply

with the domestic laws.

International Law of Crimes with special emphasis on the Rome Statute

6
Alessandrini, D. (2017). Value Making In International Economic Law And Regulation. [S.L.]:

Routledge.
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The international law of crimes deals with ensuring perpetrators of international

crimes are held responsible for their crimes. It outlines the difference between crimes that can

be punished by domestic law and those that are more serious and require to be investigated,

persecuted and punished on an international scale. The international law of crimes holds

perpetrators individually liable for their crimes and institutes serious repercussions for those

found to be guilty. Under international criminal law, the main crimes are; slavery, torture,

genocide, war crimes, and violations of human rights during periods of war and calamity.

The international law of crimes is founded upon human rights laws, and there must be

evidence that the crime was not committed against an individual, but that it was a targeted

attack against a group of people in a population, and that the perpetrators were aware of the

consequences of their actions when committing the crimes. International law is enforced by

investigating and punishing the individual perpetrators of the crimes. International criminal

law is important because it facilitate accountability for serious crimes against humanity,

reduces and prevents future incidents of crimes, and provides justice to the victims of the

crimes. International crimes are heard, investigated and prosecuted at the International

Criminal Court (ICC). The ICC is an international law court located in the Hague,

Netherlands where individuals who are suspected to be responsible for crimes against

humanity are tried. The ICC plays a complementary role to national law systems, therefore

crime suspects are only referred to it in incidences where the domestic judiciary systems are

not able or willing to try the suspected criminals. The concept of the ICC was developed in

1998 during a five week conference in Rome which centered on the creation of an

international court system. The ICC was established four years later in 2002. Due to the

authority and power it holds, the Rome Statute has led to less incidences of aggression and
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other crimes againsts humanity. It also helps to restore order in conflict-prone nations and

facilitates the building of trusting relationships among various communities.

International Humanitarian Law

International humanitarian law comprises rules and regulations that seeks to protect

populations from the effects of armed conflict. It aims to reduce the effects of war on people

who are not involved in the hostilities involved in war, and also to control the weaponry and

methods of warfare used during a war or conflict. It is also referred to as the law of war.

Conflict leads to widespread human suffering and is especially challenging to populations that

find themselves most vulnerable to the effects of the conflict due to factors such as proximity

to the conflict areas and lack of protective ammunition. The creation and development of

international humanitarian laws began in the nineteenth century based on the difficult

situations that occurred as a result of warfare. In 1949, four Geneva Conventions were

instituted, and they contain a significant proportion of the international humanitarian law.

Recognizing that they are crucial in the preservation and protection of human rights during

conflict, almost every state in the world has adopted them. International humanitarian law is

only applicable to cases of armed warfare and conflict, and is also only applied from the

period between the commencement of the conflict, to the period when it ends. Both parties of

the conflict, whether they are the once who began the conflict or are the victims of the

perpetrators are protected under the international humanitarian law. Additionally, it only

covers individuals who are not involved or are no longer involved in the conflict. These

include citizens, medical personnel and religious figures. Those who are no longer involved in

the conflict includes the sick, wounded, and prisoners of war. These groups of people have the

right to mental and physical wellness, therefore, all is done to ensure that they are protected
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from the adverse effects of the war. According to international humanitarian law, it is

prohibited to harm an enemy who has surrendered or for certain reasons such as injury or

illness. is no longer in a position to participate in the conflict. In times of conflict, the areas

where the population seeks treatment and refuge must be protected. For instance, hospitals,

ambulances and clinics must not be attacked. The international humanitarian law establishes

certain symbols such as the red cross and red crescent to show that people, places and objects

it covers are protected from attack. Additionally, the international humanitarian law forbids

any method of warfare which fails to take into account whether the people it attacks are

involved in the fighting or not, such as grenades, landmines and bombs 7. It also forbids the

use of warfare methods which cause long-term and severe damage to the environment. The

international humanitarian law is often violated during periods of war and conflict where the

weaponry used also target non-participants of the war. State can minimize this by training

their military and the public about the law, and teaching them what constitutes its violation.

International Environmental Law

International environmental law is a branch of international law that deals with the

protection of the environment through the establishment of international treaties.

Environmental efforts began in earnest in the mid-20th century due to the severe and adverse

effects of environmental degradation 8. Activities such as air and water pollution, animal

poaching and overfishing have effects that surpass a country’s national boundaries, therefore

7
Crowe, J., & Weston-Scheuber, K. (2013). Principles of international humanitarian law. Edward Elgar

Publishing.

8
Resnick, B. A. (2018). 2. Public Health Importance of Environmental Health. Environmental Public

Health: The Practitioner’s Guide. doi:10.2105/9780875532943ch02

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creating the need for stringent approaches to facilitate the protection of national and

international resources.

International environmental law seeks to facilitate the sustainable utilization of natural

resources, and also to increase the speed with which governments across the world implement

measures to regulate harmful activities that cause environmental degradation. The two main

bodies that oversee the execution of international environmental law are the United Nations

Environmental Program and the United Nations Commission on Sustainable Development 9.

These bodies provide treaties that regulate the elimination of toxic wastes, control nuclear

damage, protect water sources and the ozone, and also oversee the conservation of plant and

wildlife species. International environmental law is a crucial aspect of international law due to

the far-reaching adverse effects of environmental degradation such as desertification,

deforestation, climate change and the extinction of certain animal species.

9
Hey, E. (2016). Advanced introduction to international environmental law. Cheltenham: Elgar.
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Bibliography

Alessandrini, D. (2017). Value Making In International Economic Law And Regulation.

[S.L.]: Routledge.

Baderin, M., & Ssenyonjo, M. (2016). International human rights law. London: Routledge.

Corbett, P. (2015). The growth of world law. Princeton University Press.

Crowe, J., & Weston-Scheuber, K. (2013). Principles of international humanitarian law.

Edward Elgar Publishing.

Hey, E. (2016). Advanced introduction to international environmental law. Cheltenham:

Elgar.

Lo, C. (2018). Treaty Interpretation Under The Vienna Convention On The Law Of Treaties.

[S.L.]: Springer.

Resnick, B. A. (2018). 2.  Public Health Importance of Environmental Health. Environmental

Public Health: The Practitioner’s Guide. doi:10.2105/9780875532943ch02

von Glahn, G. & Taulbee, J.L. (2015). Law Among Nations: An Introduction to Public

International Law. New York: Routledge.

Shaw, M. (2014). International Law. Oxford University Press.