International Law and Organizations (BAPS 75 - ILO)

International Law and International Organizations (BAPS 75 - ILO)

• Global governance encompasses laws, norms, policies, and institutions defining relations between states, cultures, citizens, intergovernmental and nongovernmental organizations, and the market. It's a rule-based order with no global government.

• Globalization results in the existence of diverse methods of nation-states in promoting their respective national interests. To avoid conflict, the basis of their relationship is better known as global governance.

• International law is the set of rules countries follow in dealing with each other. It's a body of rules and principles acting as a binding force on civilized states in their mutual relationships.

• International law is considered "real law" but with different characteristics compared to domestic law, lacking a global legislature, judiciary, and enforcement mechanism.

Sources of International Law

• Primary sources: treaties/conventions, international custom, and general principles of law.

• Secondary sources: judicial decisions (e.g., ICJ), and writings of qualified publicists.

Treaties

• A treaty is a binding formal agreement that establishes obligations between states and/or organizations.

• Treaties are similar to contracts where promises are exchanged, written, and signed.

• Consent is explicit in treaties. If provisions are widely observed by states, they become customary law.

• States are obligated to observe treaties in good faith. Domestic laws cannot exempt a state from compliance with international law.

Customary International Law (CIL)

• CIL is a practice that has developed and been accepted by states as binding over a long period.

• It's more difficult to ascertain than treaty provisions, derived from the actions of states.

• Examples include diplomatic immunities, prohibition of slavery, and genocide.

General Principles of Law

• General principles of law are predominantly derived from natural law and observed by most states as fair and just principles.

• They've become universal due to unilateral adoption by several nations.

• Examples include concepts like Roman law, prescription, estoppel, pacta sunt servanda, consent, and res judicata.

Secondary Sources

• Secondary sources include judicial decisions and the writings of publicists.

• ICJ decisions serve as subsidiary means for determining rules of law, and the writings of publicists provide a fair and unbiased representation in this field.

• Stare decisis, a binding precedent, does not apply to international law; a court's decision in one case only holds persuasive value in subsequent cases.

Divisions of International Law

• Laws of Peace: govern normal relations between states.

• Laws of War: govern the duration of hostilities.

• Laws of Neutrality: govern relations with belligerents (states involved in war).

Sovereignty

• A state's sovereignty is complete and exclusive control over people and property within its territory.

• All states are equal under sovereignty; one state cannot interfere in another's internal affairs.

• States have sovereignty over nationals, territory, the use of the public domain, legal agreements with other states, and the right to wage war in self-defense.

• Problems with Sovereignty: The concept creates challenges in areas such as states interfering in other states' affairs and when countries violate international agreements under the guise of sovereignty. The individual rights of citizens aren't commonly supported in the face of state-sovereignty.

Why States Obey International Law?

• International law provides a framework for orderly conduct in international affairs.

• States obey due to fear of sanctions, reprisal, reciprocity among states, and the risk of reputation.

Areas International Law Addresses

• The areas of practice, principles, and institutions guide how international law addresses conflict.

• Boundaries between underlying principles can be arbitrary, competing with each other to inform and guide the legal field.

• Examples include: law of armed conflict, international economic law, international human rights law, and international environmental law.

Law of Armed Conflict

• The law of armed conflict (also known as the law of war) addresses legitimate reasons for war and rules for war (jus ad bellum and jus in bello).

• Jus ad bellum concerns the legitimate reasons states can go to war.

• Jus in bello concerns the rules states must adhere to during war, including avoiding killing non-combatants and ensuring proportionality.

International Economic Law

• This area of law encompasses matters like treaties for regulating trade, trade agreements (GATT), the World Trade Organizations, (TRIPS) and (GATS).

International Human Rights Law

• Aims for the highest standards in human rights, like the UN Declaration of Human Rights.

• A set of rights and freedoms granted to individuals and groups to protect from abuse.

• The most important conventions on human rights: Convention on the Prevention and Punishment of the Crime of Genocide, International Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination Against Women, Convention on the Rights of the Child, and Convention against Torture.

International Environmental Law

• Deals with issues of desertification, sustainable development, biodiversity, and endangered species.

How International Law Is Enforced

• Treaties might specify their own enforcement procedures (e.g., dispute resolution mechanisms, referral to the International Court of Justice, and the establishment of tribunals).

• Without a global police force, states generally enforce international law with tactics like reciprocity, collective action, and shaming.

Distinction Between International and Municipal Law

• Municipal law is issued by a political authority, whereas international law is adopted by states as their common rule of conduct toward each other

• Municipal law sources are mainly legislative enactments, while international law sources include customs, treaties, and general principles of law.

• Municipal law focuses on individual responsibilities, whereas international law is generally collective in nature.

• States often implement international laws through their domestic legislation or judicial interpretation.

Differences Between Constitutions and Treaties

• States have the duty under international law to fulfill treaty obligations in good faith and cannot invoke domestic laws to justify failure to perform them.

• Most constitutions support treaty enforcement by authorizing the judiciary to create precedence for laws above the local law.

How Treaties Are Made

• Treaty-making capacity, authorized representatives, freedom of consent, lawful subject matter, and processes concerning constitution adherence are essential requisites for valid treaties.

• Treaty-making procedures entail negotiations, signatures, ratifications, and exchanges (of ratification instruments).

Binding Effect of Treaties

• As a rule, treaties are binding only on their contracting parties and can become binding via “accession” when other states sign on later.

• Other ways for treaty enforcement include ensuring non-member states act according to the treaty and extending the treaty's benefits to non-signatory states.

Observance of Treaties

• Pacta sunt servanda is a rule of international law, essential for any treaty's enforcement, requiring "agreements must be kept."

• Despite hardships, the parties must respect and adhere to provisions in a treaty, unless the other signatory states agree to changes.

• Rebus sic stantibus allows treaties to be terminated when conditions substantially change, provided the change is unforeseen, reasonable, and fundamental to the treaty

Termination of Treaties

• Treaties may be terminated by expiration, achievement of purpose, impossibility, loss of subject matter, agreement of parties, desuetude, and by denunciation or withdrawal (when permissible).

• Other ways treaties may be terminated are due to novation (substituting one treaty for another) or fundamental changes in circumstances.

Theories of the Domestic Applicability of International Law

• In Monism, international and domestic law are considered a single system, where international law automatically becomes domestic law unless enacted as national law.

• Dualism argues that they are separate systems and international law does not become binding until a state passes corresponding domestic legislation.

Significance of International Law

• International law plays a critical role in promoting peace, protecting human rights, facilitating economic development and cooperation, and promoting environmental protection.

• Despite progress, significant challenges remain in the enforcement of international law due to a lack of global enforcement mechanisms and increased complexities in international relations and cooperation.

United Nations (UN)

• It's an intergovernmental organization (IGO) created to prevent conflict and promote peaceful cooperation among nations.

• The UN has 193 members and promotes international peace and cooperation.

• The UN headquarters is located in Manhattan, New York City.

UN Charter

• The Charter forms the foundation of the UN and its international organizations, defining its objectives, principle, and structure.

• The UN Charter describes the purposes of the UN and outlines the membership. It’s financed through assessed and voluntary contributions.

UN General Assembly

• The main policy-making organ comprised of all member states, each having an equal vote.

• It discusses issues via agenda items and resolutions.

• Oversees the UN budget and appoints non-permanent members of the Security Council.

UN Secretariat

• Carries out the day-to-day work as per UN mandates.

• Has a large staff recruited globally and locally and is headed by the Secretary General.

• Is responsible for providing staff, studying and reporting to other UN bodies and the provision of overall administrative guidance.

UN Security Council

• Primary responsibility for maintaining international peace and security.

• Comprised of 5 permanent (US, Britain, France, Russia, and China) and 10 non-permanent members.

• Responsible for issuing recommendations, imposing sanctions, and authorizing the use of force to maintain or restore international peace and security.

International Court of Justice (ICJ)

• The principal judicial organ of the United Nations.

• Handles legal disputes between member states and provides advisory opinions on legal issues.

• Settles disputes through contentious (state-to-state cases) and advisory opinions.

UN Economic and Social Council (ECOSOC)

• Serves as the central forum for discussing international economic and social issues.

• Formulates policy recommendations, promotes economic and social progress, and coordinates 14 UN specialized agencies.

UN Trusteeship Council

• The Council supervised the administration of trust territories during their transition to independence.

• Its activities were suspended in 1994 when the last trust territory gained its independence.

EU Integration Process

• EU integration involves deepening (vertical integration among member states increasing their cooperation) and widening (horizontal expansion via new member states).

• EU members cooperate on numerous areas including economic development via the "eurozone" agreements but have faced continued challenges in cooperation

European Union (EU) Institutions

• The EU consists of multiple institutions that form an integral part of its structure, including the European Commission, The Council, the European Council, the European Parliament, The Economic and Social Committee, and the Committee of the Regions among others

• Institutions have roles that cover legislation, decisions, and advise from across the entire EU.

Challenges for European Union

• Sustaining deepening progress, especially in areas like security, immigration, and economic policies as the union faces continued challenges to further its integration and cooperation.

Explore the fundamental principles of international law and global governance in this quiz. Understand how laws and norms shape the relationships between states and organizations on a global scale. Delve into primary sources of international law and their significance in fostering peace and cooperation.