Introduction to International Law

• The term "international law" was first used by Jeremy Bentham in 1780, replacing "law of nations".
• Mnemonic: "Bentham brought international law in 1780".
• The older term "law of nations" can be traced back to Roman law (ius gentium).
• Mnemonic: "Roman roots in ius gentium."
• Before the World Wars, positivist theory claimed only states could be subjects of international law.
• Mnemonic: "Positivist theory = States only" (P = States).
• Even under positivism, entities like the Holy See, insurgents, and early international organizations had international legal personality.
• Mnemonic: "Holy See & Insurgents = exceptions to state-only."
• After the World Wars, new actors gained more rights like international organizations, NGOs, transnational corporations, and individuals.
• Mnemonic: "Post-War = New actors" (P = New).
• Today, international law governs states, international organizations, and sometimes individuals and corporations, as reflected in the Restatement (Third).
• Mnemonic: "Restatement (Third) = States, Org's, and Some People."
• The scope of international law includes relations between individuals, entities like corporations, minorities, and indigenous peoples.
• Mnemonic: "International Law = States, Entities, and People" (S, E, P).

State-Centric Nature of International Law

• International law is primarily driven by states.
• States are members of organizations like the United Nations (UN).
• States can approach the International Court of Justice (ICJ).
• States can call the UN Security Council to address global issues.
• Individuals lack direct rights in this system.
• Key idea: States are the "chief players" in international law.

Types of International Law: General vs. Regional

• General international law applies globally thru customary law & multilateral treaties (e.g., UN Charter), and is considered universal.
• Regional international law applies to specific groups of states, like European Union law.
• Global laws are universal, while regional laws are more localized.

Particular International Law

• This applies only to a small number of states through bilateral treaties or specific agreements.
• Key idea: Think of it as "law for pairs of states."

Comity in International Relations

• Comity refers to state practices not legally binding but followed for good international relations.
• Key idea: Comity is international law's "unwritten rule"-good manners without legal consequences.

Challenges to Universality

• Communist theories and decolonization challenged ideals of international law universality.
• Most states are part of the UN, agreeing on principles like equality and non-intervention.
• Key idea: Despite historical challenges, most states now share common international principles.

State Diversity and Its Impact

• The international system is diverse in power, culture, and structure with over 185 states.
• Diversity influences how international law is applied and interpreted.
• More states = more variety in legal interpretations.

Characteristics of International Law

• International law lacks a central authority and relies on state consent.
• It's a horizontal system (states are sovereign equals) rather than a vertical system like like domestic law.
• No "boss" exists in international law—states work together without being controlled by a single power.

State Responsibility

• States are held responsible when violating international obligations.
• They may face consequences from the injured state or the international community.
• States are accountable for breaking international rules.

Fun & Key Takeaways

• States still have enormous power in international law.
• Some laws apply everywhere (universal), while others apply to specific groups of states (regional).
• International law has "good manners" in the form of comity (etiquette).
• Unlike domestic law, international law lacks a central authority.
• States are responsible for violations, and international law ensures they are held accountable.
• Hobbes and Pufendorf debated if international law really counts as "law."
• The debate was because no police arrest anyone breaking international law.
• States must "take matters into their own hands" with retorsion (legal retaliation) and reprisals.
• International law was initially about Europe and diplomatic relations, but now covers everything from human rights to outer space treaties.

Modern International Law Topics

• Trade.
• Environment.
• Refugee rights.
• States need international law to cooperate.
• International law is horizontal—states cooperate with each other based on mutual respect.
• Countries stick to international treaties and agreements because they need to.
• Specialization is important, you can specialize in human rights, trade regulations, or space law.
• Thinkers like Thomas Hobbes and Samuel Pufendorf debated whether international law could even be called "law" citing it lacked a police force.
• John Austin in the 19th century reinforced the idea that law needs a legislature and sanctions.
• By 1945 (post WWII), international law covered everything from trade to human rights and transformed how states interact.

Key historical moments:

• Hobbes and Pufendorf debated whether international law could even be considered "law" without sanctions with no formal enforcement.
• John Austin argued law needs a legislature and sanctions-leading to criticism that international law wasn't "real" law.
• After WWII, the United Nations and a new global framework led to a boom in international cooperation and law.
• International law lacks a police force but is effective because states voluntarily agree to follow it in the interest of trade, safety, etc.

Modern Internation Law topics

• Trade.
• Climate change.
• Space exploration.
• Human rights.
• Nuclear energy.

Key Concepts:

• Sovereignty of countries is still important, but is becoming less absolute in the face of global issues.
• Reciprocity encourages states to follow international law because it benefits everyone.
• Specialization is important in modern international law.

Conquest & Appropriation in Colonialism

• Weak central authority resulted in conquest and appropriation.
• The Scramble for Africa (1884-1885) exemplified European powers dividing Africa at the Berlin Conference.
• Ethiopia defeated Italy at the Battle of Adwa defying European powers.
• China faced aggression after the Opium War (1839-42) which forced on them Treaty of Nanking as well as Hong Kong.
• The Boxer Rebellion (1899-1901) aimed to expel foreign influence but failed due to foreign military forces.
• Japan adapted after being forced open by Commodore Perry in 1854.
• Japan later defeated Russia in the Russo-Japanese War (1904-1905).
• The American Revolution (1776) pushed Latin America toward independence.
• The Monroe Doctrine (1823) declared that European nations shouldn't interfere in the Americas
• The “classical period” involved using force, as seen with Venezuela (1902) and gunboat diplomacy.

Two Major Schools in International Law Theory: Naturalists vs. Positivists

• Natural law, founded by Hugo Grotius, argued laws of justice were universal derived through eternal principles of justice reached by reasoning.
• Grotius believed natural law existed without divine intervention and was self-evident.
• By the 18th century the natural law theory was outdated and criticized for being vague.
• Positivism came about in the 18th century rejecting natural law's idealism.
• Cornelis van Bynkershoek focused on state practice as the basis for international law.
• This view dominated in the 19th century seeing less as a moral system, and more about agreements and state practices

Emerich von Vattel's Contributions

• Advocated as a bridge for sovereignty and state rights.
• Vattel emphasized the inherent rights of states derived from natural law and acknowledged positive law (state-made laws).

Sovereignty: Power & Confusion

• Early theorists like Jean Bodin and Thomas Hobbes defined sovereignty as the ultimate authority in a state.
• John Austin said sovereignty meant that the ruler wasn't bound by laws.
• This theory faced challenges mostly because states are not above international law.
• Sovereignty means independent, but states in reality not exempt of international obligation.

The Shift in Thought

• By the 19th century, sovereignty shifted to independence.

Colonialism

• In international law, theories evolved from natural law and state sovereignty

The 1907 Conference: The Struggle to Keep Peace

• It was a peaceful conflict resolution that resolved conflicts peacefully.
• Britain and France still kept the power to decide what counted as their “vital interests”.
• The conference ignored huge issues, and couldn't prevent World War I from breaking out.

The Aftermath: Germany Gets the Blame

• Germany had to take full responsibility for WWI because of Article 231 of the Treaty of Versailles.
• Germany lost money, land, and colonies (reparations).
• Europe's power declined as the US rose as a new global leader.
• The British Empire became the British Commonwealth.
• The Soviet Union rejected international law at first, and the relationship remained complex.

League of Nations: A Peace Experiment

• Sought collective security

How It Was Supposed to Work

• If one country got aggressive, others acted together to stop it.
• If a country had a "vital interest," they act independently, making the system weak.
• The United States didn't join leaving Britain and France to call the shots.

Big Failures

• Japan invaded Manchuria in 1932 – The League did nothing.
• Italy invaded Abyssinia in 1935 – The League did nothing.
• Spain's Civil War (1936-1939) - The League was ignored

The Second World War: Back to the Drawing Board

• The Second World War broke out in 1939, and the League's attempt at collective security failed.
• Germany attacked Poland with the League doing nothing.
• US dropped atomic bombs to end WWII

The United Nations: Starting Fresh

• Post-WWII, the US' main principles included

• stronger enforcement mechanism

• prevention of using force new global rules

• Nuremberg Trials ensuring accountability for actions in war and prevented orders excuses.

• League of Nations sought self-interest.

• The UN charter was born from post-World War II which sought to maintain peace, prevent wars, and provide collective security.

• The charter was key to the ban on force and self-defense.

UN Shortcomings

• The UN's collective security system wasn't all it cracked up to be.
• The Cold War rivalry paralyzed the Security Council.
• The US relied on the Organization of American States (OAS) instead during the 1962 Cuban Missile Crisis.
• Article 2(1) stated the UN is based in sovereign equality.

Decolonization

• The UN Charter's self-determination principle became the backbone of decolonization.
• The 1950s and 1960s saw gain independence for Syria, India, Pakistan, Israel, Ghana, and Indonesia.
• Former colonies made up about half of the UN by the 1960s helping the UN gaining some power.
• Voting in international financial institutions reflected the financial power of the West.
• Many Third World countries formed the Group of 77 at the UNCTAD in 1964.
• These countries were primarily interested in alleviating poverty
• There was a demand for a “New International Economic Order” (NIEO) for better developing country standings.
• Newly independent states viewed international law as imposed by colonial powers.
• States were not bound by rules they did not help create.

Development of International Law and Colonial History

• Developing countries, under colonial rule had no impact during the rules formation.

Accepting International Law That Benefit Them

• Developing countries do accept international law when it benefits them.
• They still value international law as a regulating force even today.

Economic Interests and International Law

• Economic interests are very important in international law.
• States with economies dependent on local resources might push for stronger claims to exclusive zones.

Shift Toward Economic Development Goals

• Developing countries increasingly used the UN (NIEO) to advocate a new economic order citing, technology transfers and rights for sea mining.
• Western states resisted acknowledging legal obligation to help poor ones for economic competition reasons.
• Developing states resent colonial powers in the way obligations are enforced.

Struggling to Change International Law

• Difficult due to lack of consensus

Post-WWII Changes to International Law

• The shift happened from state coexistence to cooperation.

Focus on Individual Rights

• Post-WWII, international law started recognizing individual rights more with humanitarian laws.

Democratic Intervention

• Intervention involves supporting global democracy, it is difficult given that Western ideals interfere with other cultures.

Western legal norms

International law is cultural and historical so there is no unversal application.

Regionalism vs. Universality in International Law

• In the global legal system there is a diverse world highlighting principles related to force.

The Rise of New Legal Theories

• Challenges to existing international law thought come from:
• Critical legal studies which use power dynamics between states
• New Haven stressing fluidity decisions by states in practice
• Declining schools of legal thought like Marxism which are in countries like China and Islamic states

Power, Interest, and the Changing Nature of Law

• highlights how the International legal system tends to still apply.

UN Charter, Cold War, & Decolonization

• UN Charter was designed for peace, but Cold War tensions paralyzed its core functions.
• The Security Council favored great powers and more say than the others through use of the veto.
• Decolonization lead to a more diverse UN
• Third World countries reformed a fairer international legal system.

Explore the basics of international law, from its origins with Jeremy Bentham in 1780 to its roots in Roman law (ius gentium). Discover the evolution from positivist theory, which initially recognized only states as subjects, to the post-World War era, where new actors gained rights.