LAW 2310

PUBLIC INTERNATIONAL LAW I

HISTORY & NATURE OF
INTERNATIONAL LAW PART 1
[not to be reproduced or distributed except for
the purposes of this course]

Nicole D. Foster, September 2023

LEARNING OUTCOMES

Nicole D. Foster, September 2023

 LEARNING OUTCOMES
By the end of this session you will be able to:
• Explain what is ‘public international law’;
• Compare and contrast the international and
municipal legal systems;
• Comment on the effectiveness of international law;
• Comment on the relevance of international law to
developing countries, especially those within
CARICOM.

Nicole D. Foster, September 2023

 OUTLINE

• International Law Defined

• Key Features of International Law
• International Law Distinguished
• Is international law, ‘law’? / The problem of
enforcement in international law
• The History of International Law: The Peace of
Westphalia & The Challenge of Other Voices

Nicole D. Foster, September 2023

 ACTIVITY I: REFLECTION

What is an example of international law at work within

today’s world?

Nicole D. Foster, September 2023

VIDEO: INTERNATONAL LAW EXPLAINED
• https://www.youtube.com/watch?v=8Zeein83
DdU

Nicole D. Foster, September 2023

 INTERNATIONAL LAW DEFINED

“International law may be defined as that body of law which is

composed for its greater part of the principles and rules of conduct
which states feel themselves bound to observe, and therefore, do
commonly observe in their relations with each other, and which
includes also:
- the rules of law relating to the functioning of international
institutions or organisations, their relations with each other, and their
relations with states and individuals; and
- certain rules of law relating to individuals and non-states so far as
the rights or duties of such individuals and non-state entities are the
concern of the international community.”
(Professor Ian Shearer, Starke’s International Law, 11th ed. p3)

Nicole D. Foster, September 2023

KEY FEATURES OF INTERNATIONAL LAW

Nicole D. Foster, September 2023

INTERNATIONAL LAW DISTINGUISHED

Nicole D. Foster, September 2023

 ACTIVITY II: REFLECTION

• Why do states obey international law?

• What are the drawbacks of self-help means of

enforcement?

• Is international law effective?

Nicole D. Foster, September 2023

HISTORY OF INTERNATIONAL LAW:
WESTPHALIA & OTHER VOICES

TREATY OF MUNSTER (NATIONAL GALLERY)

Nicole D. Foster, September 2023
 HISTORY OF INTERNATIONAL LAW:
WESTPHALIA & OTHER VOICES

• Al Attar: What do we wish to keep? What are we

willing to abandon? Are there certain norms we
consider essential, desirable, or deplorable?

• Is reform/revision possible or do we need to start

from scratch? How might we do that? What would
this re-envisioned system look like?

Nicole D. Foster, September 2023

THE END!!!

Nicole D. Foster, September 2023