PUBLIC

INTERNATIONAL LAW
Definitions, History and Sources of International Law
 INTERNATIONAL LAW

Governs relations
A system of between States
rules and and international Element of
principles organizations reciprocity
INTERNATIONAL LAW v. DOMESTIC LAW

International law is a part

of a decentralized and
horizontal international
legal system, wherein the
primary actors, being States
decide the governing rules.
Domestic or municipal
law is a part of a
vertical legal system.
 DEFINITIONS OF INTERNATIONAL
LAW
TRADITIONAL APPROACHES:

Oppenheim, Hall, Fenwick, J.L. Brierley, Lawrence and C.C. Hyde

MODERN APPROACHES:

J.G. Starke, Schwarzenberger and Friedman

 THEMATIC HISTORY

HISTORY OF 1. Coexistence (Respect for

INTERNATION sovereignty)
AL LAW
2. Cooperation

3. Conflict Resolution
 EARLY HISTORY
• First Treaty – 2550 BC – Treaty of Mesilim (between the Kingdoms
of Lagash and Umma)
• Ancient Greece (1100 BCE - 146 BCE): Technique of treaties, art of
diplomacy, consular protection, proper conduct of relations for Greek
cities.
• Ancient Rome: Treaties with Latin countries.
• Roman Empire:
(1) Jus fetiale – Religious rules for external relations
(2) Jus gentium – Principles of equity and good faith
 MIDDLE AGES
• Relation between the Church and the State
• Development of two sets of laws:
(1) Lex Mercatoria – Rules for Trade
(2) Maritime Customary Law – Customs and usage at sea
Also see: Establishment of Courts of Pie Powder by merchants
• Rise of Nation States (See: Machiavelli and the principle of clausula
rebus sic stantibus)
• Concept of Just War (St. Augustine and St. Acquinas)
 17th AND 18th CENTURIES
• 1648 – Peace of Westphalia (marked the end of the Thirty Years’
War): Formation of free States and emphasis on the principles of
sovereignty and territorial integrity.
• Contribution of Hugo Grotius: Rational system governing
international relations; Emphasis on Natural Law
• End of the 18th Century:
- Independence of British colonies in North America;
- Principle of Self-Determination;
- French Revolution.
 19th CENTURY
Congress of Vienna (1814-15)
• Reconstitution of the European political order after the downfall of
Napoleon I.
• Codification of law on diplomatic agents and missions.
• Cooperation for the prevention of war.
• The underlying objective of the Congress was to provide a long-term
peace plan, ensuring security.
• Subsequently, until the World Wars, development of international law
emphasized on cooperation.
 20th CENTURY
• World War I
• Woodrow Wilson’s 14 Points
• Treaty of Versailles
• Establishment of the League of Nations
• Constitution of the PCIJ
• World War II
• Roosevelt coined the term “United Nations”
• Charter of the United Nations (24 October 1945)
 FOUNDATIONS OF THE UN

Objectives of the UN:

- Maintain international peace and security.
- Develop friendly relations.
- International cooperation
- Common end – Harmonizing action

Also see: Preamble of the UN Charter

 21st CENTURY:
MODERN DEVELOPMENTS
• In recent times, the interdependence of States and globalization have
provided greater impetus for the growth of international law.
• The contribution of the ICJ, amongst other international courts, has
been significant to the growth of international law.
• The ILC has been instrumental in the codification and progressive
development of international law.
• Rules of international law are no longer limited to maintenance of
peace and security, but extend to dispute resolution.
 PERMISSIVE NATURE OF INTERNATIONAL LAW

S.S. LOTUS CASE (PCIJ, 1927) JUDGE SIMMA IN THE

KOSOVO ADVISORY OPINION
(ICJ, 2008)
That which is not prohibited The Court should have considered

under international law, the possibility that international law

can be deliberately neutral or silent
is permitted under international
on the international lawfulness of
law.
certain acts. 
 International Conventions

SOURCES OF
International Custom
INTERNATIONA
L LAW
General principles of law
Article 38(1)
Judicial Decisions and Teachings of
most highly qualified publicists