Topics 4&5

International Law
 Session Objectives
 Define international law
→ WHAT is international law?
 Differentiate sources of international law
→ WHERE to find international law?
 Understand of fundamental principles of
international law
→ WHAT are fundamental principles of
international law?
 What is international law?
 Inter-national law
 Inter-: between/among
 Inter-continental
 Inter-regional
 Inter-action
 Inter-national
 Inter-link
 Inter-net
 International Law
Public International Law

Nation X Nation Y

A B

Private International Law

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 International Law: Example
Public International Law

VIETNAM CHINA

Vietnamese Chinese

Private International Law

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 Definition
 International law is the body of rules that
regulates activities carried on outside the legal
boundaries of states
 States and states
 States and persons
 Persons and persons

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 2. Sources of International Law
 Article 38(1), International Court of Justice Statute
 Sources of International Law
1. ???
2. ???
3. ???
4. ???
5. ???
Sources of International Law

Agreed/
Nation A Nation B
signed

Conventions
International Treaties
Agreements
Get used to
Protocols, etc.

Customary Law
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 International treaties
 Treaties legally binding agreements between
two or more states
 Conventions are legally binding agreements
between states sponsored by international
organizations.
 Binding upon states because of a shared sense
of commitments and fear

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 2.1. International Treaties
Specific Names E.g.
of Treaties
Accord

Agreement

Charter
Covenant
Convention
Protocol
Statute

Treaty

Understandings
Etc.
 Customary International Law
 Custom + Recognized by states as law
 Custom
 State practice
 Consistency

 Generality

 Duration of practice

Custom = Consistent + general state practice

 Recognition by states as law
 Opinio juris
 E.g.:
 no use of force
 breath of territorial seas up to 12 nautical miles 12
 2.2 Customary International Law
Anglo-Norwegian
Cases Lotus Case
Fisheries Case
Summarize the case by using the IRAC/IPAC model!
I

R/P

C
Comments What element(s) in Customary International Law is at issue in the case?
How do you think about the Court’s decision?
 Customary Law
Customary
+ Law
Recognition

Customs
+ Generality
+ Consistency

Practice
+ Repetition

Conducts
 Customary International Law
International
Customary
+ Opinio juris Law

???
+ Generality
+ Consistency

State
+ Repetition Practice

???
2.3. General Principles of International Law
 Sovereignty, territorial integrity and political
independence of States;
 Sovereignty equality of all States;
 Non use or threat of armed force
 Non-racial discrimination
 Non-intervention
 Pacta sunt servanda
 Right to self-determination of the people
 Peaceful settlement of international disputes
(negotiation, mediation, conciliation, good offices,
arbitrations, courts, etc.)
 High-sea freedom
 Etc.
 Judicial Decisions
 ICJ
 Other tribunals
 Writings of Publicists
 By Grotius, Vattel and Gentili
 E.g.: theories on state sovereignty
Personalities of international law

States

International organizations

Businesses

Individuals

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 States
- Political entities having a territory, population,
government
- Independent states
- Dependent states
Recognition
Formal acknowledgment or acceptance by a
government of the independence and
sovereignty of a newly created state or of a
newly established government in another state
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 Territorial Sovereignty
 The right to exercise the functions of a state
within its territories
 States enjoy State immunity, i.e. A state is
absolute immune and cannot be brought to a
foreign court no matter what activities it is
involved in or what injuries it may cause

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 Major legal systems in the world
*****

Roman- Common law Socialist law Others

German law

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 International Organizations
 A permanent organizations set up by two or
more states to carry on activities of common
interest.

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 Dispute Settlement
 Formally applied only to disputes between
states
 Negotiation: process of reaching agreement by
discussion
 Mediation: use of third party as a channel of

communication when all parties consent to it.

(South Africa policy of aparthied- internal matter)
 Inquiry: process to determine a disputed fact or

facts
 Formally applied only to disputes between
states
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 Through International Tribunals
International Court of Justice
 Created in 1945
 Organ of UN
 Jurisdiction over two cases: between states,
requested by organs of UN

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 Effect of Judgments
 No binding force- Voluntarily complied
 If loser refuses to comply, the other may have
recourse to the Security Council.

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