International Law Lesson 5 PDF

Global Governance Globalization refers to the expansion of social relations.This results in the existence of different methods of nation-states in promoting their respective national interests. In order to avoid conflict between them, it is appropriate to have arrangements that will...

Global Governance Globalization refers to the expansion of social relations.This results in the existence of different methods of nation-states in promoting their respective national interests. In order to avoid conflict between them, it is appropriate to have arrangements that will be the basis of their relationship with each other or better known as "global governance." Global Governance Global governance is the sum of laws, norms, policies and institutions that define, constitute and meditate trans-border relations between states, cultures, citizens, intergovernmental and nongovernmental organizations and the market– the wielders and the object of the exercise of international public order (Weiss and Thurr, 2010) Global Governance The totality of laws, customs, policies, and institutions that define, structure, and mediate the relations of states, cultures, citizens, intergovernmental, and non-governmental organizations, and markets are classified here Global governance is a rule-based order with no global government, no central authority or leadership, and no leading nation. Rules-based international order (RBIO) refers to a system in which countries follow set norms, treaties, and agreements to govern their interactions. Mapping out “Global Governance” Global governance: the formal and informal processes and institutions that guide and control the activities of both state and non-state actors in the international system (Lamy et al. 147) Global governance ≠ global government. Mapping out “Global Governance” International Institutions International Organizations n o r m s , r u l e s , a n d physical entities that practices that have concrete that prescribe behavioral have concrete roles, constrain organizational activity, and shape struct ures, st aff s, expectations. head offices, (abstract) letterhead, etc. Ex: State sovereignty, Ex. NATO, UN trade agreements Three Levels of International Institutions Constitutional - deeply legitimated institutions which define and constitute the parameters of legitmate statehood and international relations. Fundamental - provide basic rules and practices that shape how state solve cooperation/coordination problems. Issue-Specific or Regimes - fundamental institutional practices in a particular domain of international relations INTERNATIONAL LAW Creation of International Law Multilateral Diplomacy cooperation among three or more states with the goal of formulating reciprocally binding rules of conduct. crafted in settings design to facilitate this diplomacy: international organization, regional organizations, trade summits, etc. primary mechanism that created international law. states are only obliged to observed international law to which they have consented. What is International Law? What is International Law? Basically defined, international law is simply the set of rules that countries follow in dealing with each other. A body of rules and principles of action which are binding upon civilized states in their relations with one another.  Distinct Legal Process P u b l i c I n t e r n a t i o n a l L a w ( T h e relationship between sovereign states and international entities such as International Criminal Court) Private International Law (Addressing questions of jurisdiction in conflict) Supranational Law (The set of collective laws that sovereign states voluntarily yield to)  Is International Law really a law?  Thus, the fact that there is no overall authority to force compliance with the rules does not necessarily mean that there is no law. Law still exists in this setting, though it may be practiced and enforced in different ways. International law can therefore be called “real law,” but with different characteristics from the law practiced in domestic settings, where there is a legislature, judiciary, executive, and police force. What are the Sources of International Law?  Conformably to Article 38 of the Statute of the International Court of Justice, the sources of international law may be generally classified as primary or secondary. 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. International conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. International custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. Conformably to Article 38 of the Statute of the International Court of Justice, the sources of international law may be generally classified as primary or secondary. PRIMARY SOURCES SECONDARY SOURCES ▪T h e primary or ▪The secondary or indirect direct sources are sources are the decisions of treaties or conventions, courts and the writings of customs, and the general publicists principles of law  TREATIES Treaty is a binding formal agreement, contract, or other written instrument that establishes obligations between two or more subjects of international law (primarily states and international organizations). Treaties are similar to contracts between countries; promises between States are exchanged, finalized in writing, and signed. Treaties are "contracts" between states or formal agreements to accept a set of obligations.  TREATIES Consent is explicit, unlike with customary practice, but if a treaty's provisions are widely observed by most states, it can be argued that those provisions have become customary law. International law declares that agreements must be: kept and performed in good faith. A state's internal laws cannot exempt it from compliance with international law.  CUSTOMARY INT’L LAW As defined by Fenwick, it is a practice which has grown up between states and has come to be accepted as binding by the mere fact of persistent usage over a long period of time. Customary international law (CIL) is more difficult to ascertain than the provisions of a written treaty. CIL is created by the actual actions of states (called “state practice”) when they demonstrate that those states believe that acting otherwise would be illegal. Even if the rule of CIL is not written down, it still binds states, requiring them to follow it (Dinstein, 2004).  CUSTOMARY PRACTICES Represents established and consistent practices of states in international relations üDiplomatic immunity, üProhibition of slavery and üGenocide. When states' adherence to rules becomes widespread and commonplace, they may be regarded as binding on all states, even those that do not explicitly consent  CUSTOMARY INT’L LAW Example: DIPLOMATIC IMMUNITIES MARITIME WARFARE INTERNATIONAL COMMERCE The exercise of jurisdiction by states beyond their territories is also based mainly on international custom. Most of the customary rules of law have been expressly affirmed and embodied in treaties and conventions, like The Hague Convention.  CUSTOMARY INT’L LAW One defect of customary international law is the difficulty of determining when a practice can be considered to have hardened into custom and thus acquired obligatory character. Many of the customary of laws of neutrality, for example, like the rules on blockade, have become outmoded because of their failure to keep pace with modern advances, particularly in sciences, transportation and communication. Custom is distinguished from usage in that the latter, while also a long established way of doing things by states, is not coupled with the conviction that it is obligatory and right GENERAL PRINCIPLES OF LAW The general principles of law are mostly derived from the law of nature and are observed by the majority of states because they are believed to be good and just. Although no international convention was necessary to bring them into existence, the general principles of law have nevertheless become universal in application because of the unilateral decision of a considerable number of states to adopt and observe them in recognition of their intrinsic merit. GENERAL PRINCIPLES OF LAW Example: THE ROMAN LAW Incorporated therein many of these principles, and numerous other municipal laws hewing closely to Roman law have followed suit, thereby making the rules common throughout virtually the whole civilized world. It is in this manner that such concepts as prescription, estoppel, pacta sunt servanda, consent, and res judicata have acquired the status of general principles of law binding as such on the entire international community.  SECONDARY SOURCES In considering the decisions of courts as subsidiary sources of international law, Article 38 does not distinguish between those rendered by international tribunals like the International Court of Justice (ICJ) and arbitration bodies and those promulgated only by national courts. The doctrine of stare decisis is not applicable in international law, and so the decision of a court in one case will have only persuasive value in the decision of a subsequent case.  SECONDARY SOURCES The last two sources of international law are considered “subsidiary means for the determination of rules of law.” While these sources are not by themselves international law, when coupled with evidence of international custom or general principles of law, they may help to prove the existence of a particular rule of international law. The second subsidiary source of international law, viz., the writings of publicists, must also be, to qualify as such, a fair and unbiased representation of international law, and by an acknowledged authority in the field.  SECONDARY SOURCES Especially influential are judicial decisions, both of the International Court of Justice (ICJ) and of national courts. The ICJ, as the principal legal body of the Untied Nations, is considered an authoritative expounder of law, and when the national courts of many countries begin accepting a certain principle as legal justification, this may signal a developing acceptance of that principle on a wide basis such that it may be considered part of international law. Legal scholarship, on the other hand, is not really authoritative in itself, but may describe rules of law that are widely followed around the world. Thus, articles and books by law professors can be consulted to find out what international law is. What are the Divisions of International Law DIVISION OF INTERNATIONAL LAW According to Justice Isagani Cruz the following are the grand division of International Law: Laws of Peace - Govern the normal relations of states Laws of War - For the duration of hostilities Laws of Neutrality - Relationswith the belligerents, or those involved in war, are governed by this law NOTE: When the war ends and peace is restored, the relations of all members of the family of nations will come again under the laws of peace, until another war breaks out. What is Sovereignty? The Principle of Sovereignty Formally established in the Peace of Westphalia, This principle holds that individual states have ultimate legal authority within their own borders.  State sovereignty is the concept that states are in complete and exclusive control of all the people and property within their territory. State sovereignty also includes the idea that all states are equal as states. In other words, despite their different land masses, population sizes, or financial capabilities, all states, ranging from tiny islands of Micronesia to the vast expanse of Russia, have an equal right to function as a state and make decisions about what occurs within their own borders. Since all states are equal in this sense, one State does not have the right to interfere with the internal affairs of another state. Practically, sovereignty means that one state cannot demand that another state take any particular internal action The Principle of Sovereignty States have freedom to govern their own: Nationals – Personal sovereignty Territory – Territorial sovereignty Use of the public domain – Legal agreements with other states, and Fight wars in self-defense. The Issue of Sovereignty  Problems with Sovereignty Under the concept of state sovereignty, no state has the authority to tell another state how to control its internal affairs. Sovereignty both grants and limits power: it gives states complete control over their own territory while restricting the influence that states have on one another. Actions taken on another state's territory in response to threats to sovereignty can be seen by others as armed aggression Some countries declare that sovereignty allows them to violate international commitments. - North Korea's refusal to allow International Atomic Energy Agency to inspection of its nuclear facilities. Problems with Sovereignty According to the principle of personal sovereignty: Individuals cannot be subjected to international law Nor claim any rights under it; May be interpreted to allow governments to treat their citizens brutally, making it difficult to "bring to justice" leaders who perpetrate violations of human rights. - Ex. ICC to the Philippines Why then do States obey?  State’s Obedience to IL International law provides a framework for the orderly conduct of international affairs. States may obey the law out of fear of sanction or reprisal. International law may be enforced by reciprocity. States that routinely flout international law may gain a reputation as untrustworthy and may become "pariah” or “rogue” states.  State’s Obedience to IL 1. The liberal response is that they obey because it is right to do so. Individual states benefit from living in an ordered world where there are general expectations about other states’ behavior. 2. Should states choose not to obey, other members of the international system do have recourse: they can issue diplomatic protests, initiate reprisals, threaten to enforce economic boycotts, or use military force. 3. Self-help mechanisms of enforcement from one state alone are apt to be ineffective. To be most effective, states must use collective action against the violator.  What does International Law address? International Law Addresses? International law has developed certain areas of practice, guided by their own principles, documents, and institutions. Even though these areas of expertise can stand alone, to a certain extent, boundaries drawn in international law are arbitrary because the underlying principles of each field both inform and compete with one another.  1. Law of Armed Conflict The law of armed conflict (also called the “law of war”) can be divided into two categories. The first concerns the legitimate reasons for starting a war, known by its Latin terminology, Jus ad bellum (“Right to Wage War”). The laws during war, Jus in bello (“Justice in War”), are also called international humanitarian law.  1. Law of Armed Conflict Jus ad bellum. Article 2(4) of the UN Charter states, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.”(United Nations, 1945).  1. Law of Armed Conflict Some regard this as the prohibition of the use of force outside of UN- approved actions. On the other hand, others consider this clause only non-binding rhetoric, especially considering the history of armed conflict since the UN’s birth in 1945. The UN Charter and CIL do recognize that a state is entitled to use force without international approval when it is acting in self-defense. However, the events that trigger this right to self-defense are subject to debate. Most international lawyers agree that self-defense actions must be immediately necessary and proportional to the attack the state is trying to repel. The clarity of what qualifies as a “just war” has been put in the spotlight as recently as the Invasion of Iraq in 2003, with scholars and politicians around the globe questioning the legitimacy of such a war. In this era of terrorism and weapons of mass destruction, some contend that legal self-defense also extends to preemptive attacks to prevent the development of a military threat.  1. Law of Armed Conflict Jus in bello. Once armed conflict has begun, international humanitarian laws begin to apply. Some of the most important principles of jus in bello are that there must be a valid military purpose to every attack (“military necessity”), that attackers must try to avoid killing non- combatants (the principle of “distinction” between military and non-military targets), and that if non-combatants are killed, their deaths must be in proportion to the military necessity of the attack (“proportionality”).  1. Law of Armed Conflict For example, attacking a weapons factory is legitimate, but if the factory is located near civilian homes, then the attacker must try to avoid attacking those homes; if attacking them will inevitably kill many civilians, the attack should not take place. Applying these principles in practice, however, is very difficult. Who determines whether an attack was n e ce ssa ry, distinguished between civilians and combatants, and was proportional? The main rules governing jus in bello are written down in the Geneva Conventions of 1949 (ICRC,1949).  TWO PRINCIPLES “Principle of Discrimination”. In waging war, it is considered unfair and unjust to attack indiscriminately since non-combatants or innocents are deemed to stand outside the field of war proper. - Theorists may hold that being trained and/or armed constitutes a sufficient threat to combatants on the other side and thereby the donning of uniform alters the person’s moral status to legitimate target.  TWO PRINCIPLES “Principle of Proportionality”. Any offensive action should remain strictly proportional to the objective desired. This principle overlaps with the proportionality principle of just cause, but it is distinct enough to consider it in its own light. Proportionality for Jus in bello requires tempering the extent and violence of warfare to minimize destruction and casualties. Whilst the consideration of discrimination focuses on who is a legitimate target of war, the principle of proportionality deals with what kind of force is morally permissible.  2. International Economic Law International law governs a diverse mixture of economic and commercial matters, such as trade, monetary policy, development, intellectual property rights, and investment. This area of international law reaches broadly enough to encompass topics ranging from international transactions by private parties to agreements between states to regulate their trade activities. The General Agreement on Tariffs and Trade (GATT) that governs international trade is the most important treaty in this area; it is administered by the World Trade Organization. Others include the treaty on Trade Related Aspects of Intellectual Property (TRIPS) and the General Agreements on Trade in Services (GATS). 3. International Human Rights Law International human rights law is different from most areas of international law because, rather than governing relations between states, human rights law governs a state’s relations with its own citizens. The modern human rights law movement has its roots in the post-WWII trials of Nazi leaders at Nuremburg. The world community recognized that the mass atrocities committed during WWII were too serious to be handled under domestic laws because the crimes committed were crimes against all of humanity. 3. International Human Rights Law International human rights law (IHRL) governs the obligations of States towards citizens and other individuals within their jurisdiction. Human rights law enshrines the highest of human ideals, that every human being has a set of rights and freedoms. Human rights thus cannot be taken away by States and apply at all times (although specific derogations and limitations are permitted to certain rights and freedoms). Set forth in the Universal Declaration of Human Rights and a host of core treaties, IHRL plays a crucial role in the protection of all people 3. International Human Rights Law Human Rights Conventions 1. Convention on the Prevention and Punishment of the Crime of Genocide 2. International Convention on the Elimination of all forms of Racial Discrimination 3. Convention on the Elimination of all forms of Discrimination against Women 4. Convention on the Rights of the Child 5. Convention on the Rights of Persons with Disabilities 6. UN Convention against Torture 7. International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families 8. Rome Statute of the International Criminal Court 3. International Human Rights Law International Bill of Human Rights The International Bill of Human Rights is an informal name given to the Universal Declaration of Human Rights along with the following UN human rights treaties: - International Covenant on Civil and Political Rights - International Covenant on Economic, Social and Cultural Rights The Universal Declaration of Human Rights is a historic document which outlined the rights and freedoms everyone is entitled to. It was the first international agreement on the basic principles of human rights. 3. International Human Rights Law The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages.  How Does International Law Protect Human Rights? International human rights law lays down obligations which States are bound to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, to protect and to fulfil human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human rights.  How Does International Law Protect Human Rights? Through ratification of international human rights treaties, Governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. The domestic legal system, therefore, provides the principal legal protection of human rights guaranteed under international law. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual and group complaints are available at the regional and international levels to help ensure that international human rights standards are indeed respected, implemented, and enforced at the local level 4. International Environmental Law A g r e e m e n t on issues such as desertification, sustainable development, biodiversity, endangered species, hazardous materials, climate change, and trans-boundary pollution, all of which have been the subject of major international treaties, such as the United Nations Convention on Biological Diversity (CBD), the United Nations Convention to Combat Desertification, and the Convention on International Trade in Endangered Species. How is International Law Enforced?  ENFORCEMENT A treaty may have incorporated into its own text enforcement provisions, such as arbitration of disputes or referral to the ICJ. However, some treaties may not expressly include such enforcement mechanisms. Especially in situations where the international law in question is not explicitly written out in a treaty, one can question how this unwritten law can be enforced. In an international system where there is no overarching authoritative enforcer, punishment for non-compliance functions differently. States are more likely to fear tactics used by other states, such as reciprocity, collective action, and shaming.  A. RECIPROCITY Reciprocity is a type of enforcement by which states are assured that if they offend another state, the other state will respond by returning the same behavior. Guarantees of reciprocal reactions encourage states to think twice about which of their actions they would like imposed upon them. For example, during a war, one state will refrain from killing the prisoners of another state because it does not want the other state to kill its own prisoners. In a trade dispute, one state will be reluctant to impose high tariffs on another state’s goods because the other state could do the same in return.  B. COLLECTIVE ACTION Through collective action, several states act together against one state to produce what is usually a punitive result. For example, Iraq’s 1990 invasion of Kuwait was opposed by most states, and they organized through the United Nations to condemn it and to initiate joint military action to remove Iraq. Similarly, the United Nations imposed joint economic sanctions, such as restrictions on trade, on South Africa in the 1980s to force that country to end the practice of racial segregation known as apartheid.  C. SHAMING (Also known as the “name and shame” approach) most states dislike negative publicity and will actively try to avoid it, so the threat of shaming a state with public statements regarding their offending behavior is often an effective enforcement mechanism. This method is particularly effective in the field of human rights where states, not wanting to intervene directly into the domestic affairs of another state, may use media attention to highlight violations of international law. In turn, negative public attention may serve as a catalyst to having an international organization address the issue; it may align international grassroots movements on an issue; or it may give a state the political will needed from its populace to authorize further action. A recent example of this strategic tactic was seen in May 2010, when the U.N. named the groups most persistently associated with using child soldiers in Asia, Africa, and Latin America (United Nations, 2010).  ENFORCEMENT Not enforced in the traditional way that domestic law is enforced - no global police force. This does not mean that it is unenforced or unenforceable. MECHANISMS OF ENFORCEMENT: incorporation of international law into domestic law. international condemnation for breaches of IL. threats and coercive diplomacy by other states. cases before international courts - ex. ICC. ICJ. punitive measures - embargos, sanctions, suspension of relations military measures - military strikes, bombing, invasion, occupation.  What is the difference between International and Municipal Law?  Distinction of IL and ML Municipal Law is issued by a political superior for observance by those under its authority whereas; International Law is not imposed upon but simply adopted by states as a common rule of action among themselves. Municipal Law is a law of sovereign over those subjected to his sway International Law or “Law of Nations” is not above, but between. Municipal Law consist mainly of enactments from the lawmaking authority of each state. International Law is derived not from any particular legislation but from such sources as international customs, international conventions and the general principles of law. Municipal Law regulates the relations of individuals among themselves or with their own states. International Law applies to the relations inter se of states and other international persons. Municipal Law are redressed through local administrative and judicial processes. International Law are resolved through state-to-state transactions and arbitration to the hostile arbitrament of force. Municipal Law generally entail only individual responsibility. International Law is usually collective in the sense that it attaches directly to the state and not to its nationals. What is the difference between Constitution and Treaty?  CONSTITUTION VS. TREATY “Ever State has the duty to carry out in good faith its obligations arising from treaties or other sources of international law, and it may not invoke provisions in its constitution or its laws as an excuse for failure to perform this duty.”-Declaration of the Rights and Duties of States (adopted by the International Law Commission on June 9, 1949) Most constitutions contain provisions empowering the judiciary to annual treaties and the legislature to supersede them with statues, thereby establishing the primacy of the local law over the international agreement How a Treaty is made? Essential Requisites of a Valid Treaty 1. Treaty-Making Capacity 2. Authorized Representative 3. Freedom of Consent 4. Lawful Subject-Matter 5. Compliance with Constitutional Processes TREATY-MAKING PROCEDURES 1. Negotiation - undertaken directly by the Head of State, but usually assigns this to authorized representatives (provided with credentials known as full power). -standard practice for one of the parties to submit a draft of the proposed treaty (together with the counter-proposals). - Negotiation may be brief/protracted, depending on the issues involved, and may even collapse in case parties are unable to come to an agreement on the points under consideration. -In Philippines treaty making process is essentially performed and controlled by the Executive Branch through the DFA and respective government agencies involved. TREATY-MAKING PROCEDURES 2. Signature -when negotiators finally decided on the terms of the treaty, the same is opened for signature. -step primarily intended as means of “authenticating” the instrument and for the purpose of “symbolizing” the good faith of the parties. - does not indicate the final consent of the state in cases where ratification of the treaty is required -documents is “ordinarily signed” in accordance with the alternate -each several negotiations is allowed to sign first on the copy which will bring home to (his) own state.  CONSENT OF THE STATE The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means, if so agreed. Signature: Signature to a treaty, however, does not automatically mean consent of a State to be bound by said treaty, if under the national law, it is the act of ratification which operates to bind that State. Notwithstanding the signature, there still must be the process of ratification, acceptance or approval to be done by the State. Without ratification, the signature may only operate as a means of authentication and to show the openness of the signatory State for further discussions on the treaty- making process.  CONSENT OF THE STATE Signature: A "Signature ad referendum," means that the signature becomes definitive only once the signature is confirmed by the State. "Definitive signature" operates as the consent of a State to be bound by a treaty when that treaty is not subject to ratification, acceptance or approval. Signing: agreement between national delegations The negotiations that precede a treaty are conducted by delegations representing each of the states involved, meeting at a conference or in another setting. Together they agree on the terms that will bind the signatory states. Once they reach agreement, the treaty will be signed, usually by the relevant ministers. By signing a treaty, a state expresses the intention to comply with the treaty. However, this expression of intent in itself is not binding. TREATY-MAKING PROCEDURES 3. Ratification -next is the “formal act” by which a state “confirms and accepts” the provisions of a treaty concluded by its representatives -to “enable” contracting states to examine the treaty more closely and give them opportunity to refuse to be bound by it, should they find it unfriendly to their interests. -power to ratify is vested in the president and not in the legislature -role of senate is limited only to giving/withholding its consent/concurrence, to the ratification. TREATY-MAKING PROCEDURES Ratification: approval of agreement by the state - Once the treaty has been signed, each state will deal with it according to its own national procedures. In the Netherlands, parliamentary approval is required. After approval has been granted under a state’s own internal procedures, it will notify the other parties that they consent to be bound by the treaty. This is called ratification. The treaty is now officially binding on the state. Act of formal confirmation Where it is an international organization that intends to be bound by a treaty, instead of ratification the term used is usually "act of formal confirmation.“ States Parties may be allowed to limit, restrict, or modify the application of a treaty by: 1) Reservation; 2) Interpretative declaration; 3) Modification; 4) Denunciation. It is important to note that a State "may not invoke the provisions of its internal law as justification for its failure to perform a treaty. Act of formal confirmation Reservation means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State. Reservations are not allowed when: 1) It is prohibited by the treaty; 2) It is not included in the reservations specified by the treaty; 3) It is incompatible with the object and purpose of the treaty. 58 A signatory or contracting state may object to a reservation if it believes that it is incompatible with the object and purpose of the treaty. Act of formal confirmation An interpretative declaration is an instrument that is annexed to a treaty with the goal of interpreting or explaining the provisions of the latter. Modification is the variation of certain treaty provisions only as between particular parties of a treaty, while in their relation to the other parties the original treaty provisions remain applicable. If the treaty is silent on modifications, they are allowed only if the modifications do not affect the rights or obligations of the other parties to the treaty and do not contravene the object and the purpose of the treaty. Act of formal confirmation Denunciation means the withdrawal by a State Party from a treaty. Treaties such as the CRC, ICERD, and CAT allow denunciation; ICCPR, ICESCR and CEDAW do not allow denunciation. TREATY-MAKING PROCEDURES 4. Exchange of Instruments of Ratification - signifies the effectivity of the treaty unless a different date has been agreed upon by the parties - Instrument is deemed effective upon its signature. BINDING EFFECT OF TREATY As a rule, treaty is binding only on the contracting parties, including not only the original signatories but also other states which, although they may not have participated in the negotiation of the agreement, have been allowed by its term to sign it later by the process known as “accession”. "Accession" is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification. Accession usually occurs after the treaty has entered into force. BINDING EFFECT OF TREATY Firstly, the treaty may be merely a formal expression of customary international law which, as such, is enforceable on all civilized states because of their membership in the family of nations. An example would be the Hague Conventions of 1899 and 1907. Secondly, it is provided under Article 2 of the U.N. Charter that the Organization "shall ensure that non-member States act in accordance with the principles of the Charter so far as may be necessary for the maintenance of international peace and security," and under Article 103 that the obligations of member-states shall prevail in case of conflict with "any other international agreement," including those concluded with non-members. Thirdly, the treaty itself may expressly extend its benefits to non- signatory states, such as the Hay-Pauncefote Treaty of 1901, which, although concluded only by the United States and Great Britain, opened the Panama Canal "to the vessels of commerce and of war of all nations observing these Rules, on terms of entire equality.“  OBSERVANCE OF TREATY One of the fundamental rules of international law is pacta sunt servanda, which requires the performance in good faith of treaty obligations. Known by the Latin formula pacta sunt servanda (“agreements must be kept”) is arguably the oldest principle of international law. Without such a rule, no international agreement would be binding or enforceable. Article 26. "PACTA SUNT SERVANDA" “Every treaty in force is binding upon the parties to it and must be performed by them in good faith.” (Vienna Convention on the law of treaties) Despite supervening hardships such as conflicts with the municipal law or prejudice to the national interest, the parties must comply with their commitments under a treaty and cannot ignore or modify its provisions without the consent of the other signatories.  OBSERVANCE OF TREATY By their inherent nature, treaties really limit or restrict the absoluteness of sovereignty. By their voluntary act, nations may surrender some aspects of their state power in exchange for greater benefits granted by or derived from a convention or pact. After all, states, like individuals, live with coequals, and in pursuit of mutually covenanted objectives and benefits, they also commonly agree to limit the exercise of their otherwise ab- solute rights. Thus, treaties have been used to record agreements between States concerning such widely diverse matters as, for example, the lease of naval base, the sale or cession of territory, the termination of war, the regulation of conduct of hostilities, the formation of alliances, the regulation of com- mercial relations, the settling of claims, the laying down of rules governing conduct in peace and the establishment of international organizations. The sovereignty of a state therefore cannot in fact and in reality be considered absolute. Certain restrictions enter into the picture: (1) limitations imposed by the very nature of membership in the family of nations and (2) limitations imposed by treaty stipulations. – Tanada v. Tubera  OBSERVANCE OF TREATY Under these circumstances, the state called upon to perform its obligations may ask for a revision of the treaty amend its constitution to make it conform to the treaty requirement, or pay damages to the other parties for its inability to comply with its commitments. But despite the general requirement of strict enforcement of treaties, states have on occasion invoked the doctrine of rebus sic stantibus, which Jessup describes as "the equivalent exception to the maxim pacta sunt ser vanda. According to him, "the doctrine constitutes an attempt to formulate a legal principle which would justify non- performance of a treaty obligation if the conditions with relation to which the parties contracted have changed so materially and so unexpectedly as to create a situation in which the exaction of performance would be unreasonable."  OBSERVANCE OF TREATY The Draft Law of Treaties prepared by the International Law Commission recognizes the doctrine as a mode of terminating treaties in the following provision: Where a fundamental change has occurred with regard to a fact or situation existing at the time when the treaty was entered into, it may be invoked as a ground for terminating or withdrawing from the treaty if: a. The existence of that fact or situation constituted an essential basis of the consent of the parties to the treaty; and b. The effect of the change is to transform in an essential respect the character of the obligations undertaken in the treaty.  OBSERVANCE OF TREATY It is to be noted, however, that the doctrine of rebus sic stantibus is subject to the following limitations: (a) it applies only to treaties of indefinite duration; (b) the vital change must have been unforeseen or unforeseeable and should not have been caused by the party invoking the doctrine; (c) the doctrine must be invoked within a rea- sonable time; and (d) it cannot operate retroactively upon the provisions of the treaty already executed prior to the change of circumstances." TERMINATION OF TREATY A treaty may be terminated in any of the following ways: (1) By expiration of the term, which may be fixed or subject to a resolutory condition. (2) By accomplishment of the purpose. (3) By impossibility of performance. (4) By loss of the subject-matter. (5) By desistance of the parties, through express mutual consent; desuetude, or the exercise of the right of denunciation (or withdrawal), when allowed. TERMINATION OF TREATY (6) By novation. (7) By extinction of one of the parties if the treaty is bipartite. (8)By vital change of circumstances under the doctrine of rebus sic stantibus. (9) By outbreak of war between the parties in most cases, save specifically when the treaty was intended to regulate the conduct of the signatories during the hostilities, or to cede territory, or to fix boundaries. As held in Techt v. Hudges," provisions of a treaty compatible with a state of hostilities, unless expressly terminated, will be enforced, and those incompatible rejected. (10) By voidance of the treaty because of defects in its conclusion, violation of its provisions by one of the par- ties, or incompatibility with international law or the U.N. Charter. Theories on the Domestic applicability of International Law: a) Monist theory - International law and domestic law comprise one legal system. In absolute monism, international law automatically becomes domestic law, without need to enact a separate national law. Domestic laws, including the Constitution, that contravene international law, may be declared invalid. The Netherlands is considered a monist state. Many States are partly monists, partly dualists. International human rights law dictates domestic laws, and the State must enact domestic laws to conform to international law. Theories on the Domestic applicability of International Law: b) Dualist theory - International law and domestic law are different legal systems. International law does not become obligatory to its citizens until the State passes a corresponding domestic law containing its provisions. At times, local laws are considered more binding and superior by judges and legal practitioners. Most times, local laws are revisited and amended to conform to international law, but until such amendment, the local laws remain valid, although this could mean a possible violation by the State of its treaty obligations. The lex posterior principle is often resorted to in dualist systems: whichever is the latter law, prevails. This is not much of a problem for the Philippines, where its treaty obligations are usually taken into consideration in the enactment of laws. Why do we need to study International Law? Significance of International Law Promoting Peace: International law serves as a tool for promoting peace and preventing conflicts between nations. It provides a legal framework for resolving disputes and preventing the use of force, promoting peaceful solutions to conflicts. Protecting Human Rights: International law plays a critical role in protecting human rights. It establishes a framework for the protection of individuals and groups, including the rights of refugees, minorities, and women. Significance of International Law Promoting Economic Development: International law promotes economic development by creating a framework for international trade, investment, and intellectual property. It helps to promote economic cooperation and integration among nations. Promoting Environmental Protection: International law plays a crucial role in promoting environmental protection by establishing legal frameworks for the management of natural resources, including oceans, forests, and wildlife. Providing a Framework for International Cooperation: International law provides a framework for international cooperation on various issues, including global health, disarmament, and humanitarian assistance.  CONCLUSION In conclusion, international law is a critical aspect of the global system, as it plays a fundamental role in regulating state conduct and promoting cooperation among nations. The system of international law is characterized by a set of norms and principles that guide state behavior and serve as the basis for the resolution of disputes between states. Despite the significant progress made in the development of international law, the system faces significant challenges and limitations. One of the main challenges is the lack of enforcement mechanisms, which sometimes limits the effectiveness of international law in addressing violations of its norms. Furthermore, the increasing complexity of global issues and the diversity of actors involved in international relations make it challenging to develop and enforce a set of universally agreed-upon norms and principles.  CONCLUSION However, despite these challenges, the continued development and enforcement of international law are essential for promoting a more peaceful, just, and cooperative global system. It is imperative that international organizations and states work together to strengthen the system of international law, improve its effectiveness, and promote respect for its norms and principles.  GROUP REPORTING 1. International Humanitarian Law (IHL) 2. United Nations Convention on the Law of the Sear (UNCLOS) 3. Vienna Convention on the Law of Treaties (VCLT) 4. International Criminal Court (Rome Statute 1998) 5. United Nations (powers, functions,organs, SDG, challenges) 6. European Union (powers, functions,organs, SDG, challenges) International Organizations International Organization Some international agreements create international organizations that set rules for countries and provide venues for diplomacy. There are two types of global organizations: International Governmental Organization International Non-Governmental Organization International Organization Organizatoin Type Established Number of Members WORLD BANK IGO 1945 189 bansa (2019) UNITED NATIONS IGO 1946 193 (2012) ORGANIZATION OF IGO 1960 14 (2019), Kabilang PETROLEUM ang Venezuela, Qatar, EXPORTING at Indonesia COUNTRIES EUROPEAN UNION IGO 1992 28 bansa (2019) International Organization According to Michael N. Barnett and Martha Finnermore (Claudio, 2018) the following are the current roles played by International Organizations. IOs have the power of classification. They can create powerful standards in the world IOs have the power to set the meaning of thoughts. They are member countries' information sources. The IOs have the power to set standards or laws that will provide order to the relationship of the members. United Nations The United Nations (UN) is an intergovernmental organization that was established on October 24, 1945 to promote international peace and cooperation. United Nations is a replacement for the ineffective League of Nations, the organization was created following the Second World War to prevent another such conflict. The United Nations headquarters is situated in Manhattan, New York City. The Charter of the United Nations The United Nations Charter is the treaty that forms and establishes the international organizations. At its founding, the UN has 51 members but now there are 193 member states. It was signed on June 26, 1945 in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on October 24, 1945. The organization is financed by assessed and voluntary contributoin from its member states. Preamble of the United Nations WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom, Preamble of the United Nations AND FOR THESE ENDS to practice tolerance and live together in peace with one another as good neighbours, and to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and to employ international machinery for the promotion of the economic and social advancement of all peoples, HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS. Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations. Purpose of the United Nations To take effective collective measures for the prevention and removal of threats to the peace. To develop friendly relations among nations based on respect for thr principle of equal rights and self-determination of peoples. To achieve international cooperation in solving onternational problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and; To be a centre for harmonizing the actions of nations in the attainment of these common ends. Objectives of the United Nations 1. To maintain international peace and security. 2. To develop friendly relations among nations; 3. To cooperate in solving international problems and in promoting respect for human rights; and 4. To be a center for harmonizing the actions of nations. Organs of the United Nations General Assembly Secretariat Security Council Internation Court of Justice Economic and Social Council Trusteeship Council The UN General Assembly The UN General Assembly (UNGA) is the main policy-making organ of the Organization. Comprising all Member States, it provides a unique forum for multilateral discussion of the full spectrum of international issues covered by the Charter of the United Nations. Each of the 193 Member States of the United Nations has an equal vote. The Assembly meets in regular sessions from September to December each year, and thereafter as required. It discusses specific issues through dedicated agenda items or sub-items, which lead to the adoption of resolutions. The UN General Assembly Functions: to oversee the budget of the UN appoint the non-permanent members to the Security Council receive reports from other parts of the UN make recommendations in the form of General Assembly Resolutions The UN General Assembly Composition: Made up of every member country Working: Its composition, functions, powers, voting, and procedures are set out in Chapter IV of the UN Charter Every member state has 1 vote. On important questionss, a 2/3 majority of those present and voting is required. Cannot make binding decision - all agreements are only recommendations. The recommendations of UNGA are seen as the moral authority in disputes. The UN Secretariat The United Nations Secretariat carries out the day-to-day work of the UN as mandated by the General Assembly and the Organization's other main organs. The Secretary-General is the head of the Secretariat, who provides overall administrative guidance. Also, it has tens of thousands of UN staff members working at duty stations all over the world. UN staff members are recruited internationally and locally, and work in duty stations and on peacekeeping missions. The UN Secretariat Functions: It provides studies, information, and facilities needed by the UN bodies for their meetings It also carries out tasks as directed by the UN Security Council, General Assembly, and other UN bodies Composition: The UN Secretariat is headed by the Secretary-General, assisted by a staff on international civil servants worldwide The UN Security Council The Security Council has primary responsibility for the maintenance of international peace and security. Under the Charter of the United Nations, all Member States are obligated to comply with Council decisions. The Security Council takes the lead in determining the existence of a threat to the peace or act of aggression. It calls upon the parties to a dispute to settle it by peaceful means and recommends methods of adjustment or terms of settlement. In some cases, the Security Council can resort to imposing sanctions or even authorize the use of force to maintain or restore international peace and security. The UN Security Council Functions: Responsible for maintaining international peace and security Composition: 5 permanent (US, Britain, France, Russia, and China 10 non-permanent The UN Security Council Head: Rotates between members Working: Make binding decision about international disputes Recommend mediations, send peacekeeping mission, impose economic sanctions, and arms embargos. Decision must be passed by 9/15 members and all of the 5 permanent members A negative vote or veto also known as the rule of great power unanimity by a ermanent member prevents adoption of a proposal. Critiques UN Security Council Composition of Permanent Five Problematic effects of veto power. Speed and ability to act in crisis situation The International Court of Justice The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. The International Court of Justice The International Court of Justice (ICJ) works in two different ways. First, it can act as a dispute settlement body between two member States in what are called “contentious cases.” Second, it can accept requests to issue an advisory opinion on a legal question referred to it by a United Nations body or specialized agency. The International Court of Justice Functions: Its main function are to settle legal disputes submitted to it by states and to provide advisory opinion on legal questions submitted to it by duly authorized international organs, agencies, and the UN General Assembly Composition: The ICJ is composed of 15 judges elected to 9 year term by the UNGA. The International Court of Justice Location: The Hague, Netherlands Working: Its purpose is to adjudicate disputes among states. Cases related to war crimes, illegal state interference and ethnic cleansing. Participation by state is optional, but if a state choose to go, the decisions made by the court are binding. Also provides advisory opinoin to other organs upon request. The UN Economic & Social Council The Economic and Social Council (ECOSOC) serves as the central forum for discussing international economic and social issues, and for formulating policy recommendations addressed to Member States and the United Nations system. It is responsible for promoting higher standards of living, full employment, and economic and social progress; identifying solutions to international economic, social and health problems; facilitating international cultural and educational cooperation; and encouraging universal respect for human rights and fundamental freedoms. It has the power to make or initiate studies and reports on these issues. The UN Economic & Social Council Functions: It is responsible for coordinating the economic, social, and related work of 14 UN specialized agencies, their functional commission and 5 regional commissions Composition: ECOSOC has 54 members The UN Economic & Social Council Head: President of ECOSOC (6 month term) Working: It holds a four-week session each year in July Since 1998, it has also held a meeting each April with finance ministers heading key committees of the World Bank and the International Monetary Fund. Also works with non-governmental bodies, making it a key connection between the UN and civil society. Oversees set up of organizations to address economic and social issues internationally. The UN Trusteeship Council The Trusteeship Council, one of the main organs of the UN, was established to supervise the administration of trust territories as they transitioned from colonies to sovereign nations. The Council suspended its activities in 1994, when Palau, the last of the original 11 trust territories, gained its independence. The UN Trusteeship Council Functions: It is responsible for promotind the advancement of the inhabitants of Trust Territories and thier progressive development towards self-government or independence. its operation was suspended on 1 November 1994, with the independence of Palau Role of UN in Global Politics Role of UN in Global Politics 1. Managing Knowledge - from a range of issue towards resolution 2. Developing Norms - as data has been collected and knowledge gained that a pr o b l e m i s serious to warrant attention by the international policy community, new norms are thereby developed. This is turn, was articulated, disseminated, and institutionalized. Role of UN in Global Politics 3. Formulating Recommendations - as norms are developed, a myriad of possibilities must be formulated on how key actors can alter behavior. 4. Institutionalizing Ideas - once the knowledge has been acquired, norms articulated and policies formulated, and existing institution can oversee their implementation and monitoring. EU “Deepening” The expansion of EU formal collaboration to new policy areas. It began in the 1905s with cooperation on coal and steel and now touches upon nearly every major policy areas. EU “Widening” Refers to the geographical expansion of the EU with addition of new member states. It began in 1952 with 6 and now has more than 28 members. Challenges for European Union Sustaining progress at deepening as they move towards more challenging areas of collaboration and cooperation - Immigration - Security and defense policy Financial challenges associated with the vastly different economies now contained with the “eurozone”