Sources of International Law

An area beyond national jurisdiction where no state has sovereignty. All states enjoy freedoms like navigation, overflight, and laying submarine cables.

The process of defining the maritime boundary between two adjacent states when their 12 nm territorial seas overlap.

The international seabed and its resources are the common heritage of mankind, meaning no single state can claim ownership.

The international organization that governs activities on the international seabed, ensuring benefits for all of humanity. It oversees contracts for resource extraction and issues concessions to states.

Narrow waterways connecting two larger bodies of water. Typically considered international waters, allowing free passage for all ships.

A state's sovereign right to exercise authority over its territory, including its land, airspace, and territorial waters.

The principle that a state's internal affairs should not be interfered with by other states. It is linked to the concept of territorial sovereignty.

A state's ability to establish laws and regulations for its citizens and within its territory. It involves the legislative, executive, and judicial branches.

The process of one state absorbing another, where the absorbing state retains its rights and obligations, while the absorbed state renounces its own.

The combination of two states into a new one, where they renegotiate and create new treaties and obligations.

The transfer of territory from one state to another, often through a surrender treaty. It can also happen voluntarily or through a sale.

The separation of an existing state into two or more new states, each with its own governing structure and international obligations.

The establishment of new states following independence, often drawing administrative structures and borders from their previous colonial rule.

The dissolution of a state into its constituent parts, resulting in the creation of new, independent states.

The principle that new states inherit the legal obligations and rights of their predecessor state, subject to modifications in international law.

The claim of a state to exercise jurisdiction over territory that does not have a recognized sovereign.

The establishment of borders based on historical possession and control, often used in international law and in cases of state succession.

A system of international law where international obligations directly apply within a country's legal system.

A system of international law where international obligations must be transformed into domestic law before they can be applied.

The principle that international agreements must be upheld by states. States have a legal obligation to comply with their treaty commitments.

An entity that can possess international rights and obligations, including the ability to bring international claims.

The ability of a state to enter into relations with other states, recognized as a key element of statehood in international law.

International law is a system where all actors, like states and international organizations, have equal standing and power. This reflects the reality of international relations, where countries often operate on a level playing field.

International law is based on a range of sources that guide the behavior of nations. These include treaties, customary practices, general principles recognized by civilized nations, and rulings by international courts and influential legal scholars.

Treaties are written agreements between countries that establish rules and obligations for those involved. They are a primary source of international law.

Customary International Law emerges from consistent practices followed by states over time, evolving into recognized legal obligations. It's like a tradition becoming a rule.

General principles of law recognized by civilized nations fill in gaps in international law where treaties or customs don't offer clear guidance. They represent fundamental legal concepts shared across different legal systems.

The International Court of Justice (ICJ) is the primary judicial body for international law. It's rulings and decisions, while not creating law directly, greatly influence international legal practice.

International law is primarily about creating rules and standards (law-creating), but it also involves defining how these rules are applied and enforced (law-determining).

Formal sources of international law represent the procedures and processes through which legal norms are established and recognized. These include treaties and customary law.

Material sources of international law encompass the underlying factors and elements that influence the content and development of legal rules. They represent the substance behind the law.

The Statute of the ICJ Article 38(1) provides a comprehensive definition of the sources of international law, outlining four primary categories: international conventions, international custom, general principles of law, and judicial decisions and teachings of experts.

A state's right to exert its laws and authority over its territory, including its land, airspace, and territorial waters.

A state can exercise jurisdiction over its own nationals, even if they commit a crime outside of its territory.

A state can exercise jurisdiction over non-nationals who commit crimes against its nationals, even if the crime occurs in another country.

A state can exercise jurisdiction over crimes committed abroad, even if the offender is not a national, if those acts threaten the state's security or national interest.

Jurisdiction can be exercised by any state over individuals committing crimes against humanity, regardless of where the crime was committed or the nationality of the offender.

This principle allows states to exercise jurisdiction over individuals committing crimes against humanity, regardless of where the crime was committed or the nationality of the offender. Treaties like the Nuremberg Charter, Geneva Conventions, and Statute of Rome provide legal backing for this principle.

A legal process where one state formally requests another state to surrender an individual accused or convicted of a crime in the requesting state.

The UN Convention against Torture, the Convention on the Safety of the UN and Associated Personnel, and various conventions regarding hijacking (such as the Tokyo and Montreal Conventions) are examples of treaties that provide jurisdiction to prosecute certain crimes.

The Lotus case established that a state can only exercise jurisdiction on the high seas if it can demonstrate a genuine connection to the crime or the perpetrator.

The Nottebohm case established that in cases of dual nationality, a person's meaningful connection to a state, such as property ownership, residency, or marriage, should be considered when determining which nationality is predominant.