Foundations and Structure of International Law PDF

Foundations and Structure of International Law 1. Definition and Role of International Law International law is the system of rules and norms governing the relations between sovereign states and other entities, such as international organizations, within the international community. Its primary p...

Foundations and Structure of International Law 1. Definition and Role of International Law International law is the system of rules and norms governing the relations between sovereign states and other entities, such as international organizations, within the international community. Its primary purpose is to establish guidelines for maintaining peace, security, and cooperation globally while respecting state sovereignty. Unlike domestic+ legal systems, international law lacks centralized enforcement mechanisms, making it reliant on state cooperation and mutual obligations. 2. Historical Foundations of International Law The origins of international law are deeply rooted in natural law, which posits that certain moral and legal principles are inherent to human nature and can be understood through reason. This notion was advanced by early thinkers like St. Thomas Aquinas and later philosophers who shaped the development of international law. A. Natural Law and Early Philosophers St. Thomas Aquinas (1225-1274): Aquinas merged Christian theology with natural law, arguing that natural law is part of the Eternal law of God. According to Aquinas, human beings, as rational creatures, can partially discover these principles, which are universal and eternal. Natural law, for Aquinas, included precepts like the preservation of life and the common good, which are inherent to all humans. These principles were seen as binding on rulers and states alike, establishing an early foundation for a system of international norms that transcended individual nations. Francisco de Vitoria (1480-1546): One of the leading figures in the development of international law, Vitoria introduced the concept of bellum iustum (just war), which provided moral and legal guidelines for the conduct of war. His work addressed the rights of  indigenous peoples and the limits of state power, laying the groundwork for modern humanitarian law and the concept of sovereignty. Francisco Suarez (1548-1617): A key proponent of the idea of pacta sunt servanda (agreements must be kept), Suarez emphasized the importance of treaties and agreements between states. His contributions helped formalize the notion that treaties create binding obligations under international law, a principle that remains central to modern treaty law. Jean Bodin (1530-1596): Bodin’s Six Livres de la République (1576) was a seminal work in political theory that introduced the concept of sovereignty. Bodin argued that the sovereign ruler held supreme legislative authority within a state and that external sovereignty meant independence from other states. This distinction between internal and external sovereignty became a cornerstone of international law, ensuring that states had exclusive jurisdiction over their territories while maintaining independence in their international relations. Hugo Grotius (1583-1645): Often referred to as the father of modern international law, Grotius secularized natural law, grounding it solely in human reason rather than theology. His works, De Jure Belli ac Pacis (1625) and Mare Liberum (1609), set forth principles that remain central to international law today, such as the laws of war and the freedom of the seas. Grotius argued that even in the absence of a world government, states were bound by natural law, which applied universally to all nations. B. Peace of Westphalia (1648) The Peace of Westphalia marked a significant turning point in the development of modern international law by establishing the principles of state sovereignty and non-intervention. This treaty, which ended the Thirty Years' War in Europe, recognized the sovereignty of states and the equality of all states in international law, regardless of their size or power. The Westphalian system laid the groundwork for the modern international legal order, emphasizing that states were the primary subjects of international law and that no state could interfere in the internal affairs of another. C. The Rise of Legal Positivism In the 19th century, the philosophy of legal positivism began to dominate the field of international law. Positivism asserts that the only valid source of law is that which is created through the explicit consent of states, either through treaties or customary practices. This era saw the formalization of state consent as the basis of legal obligation, moving away from the natural law tradition. Legal positivism also reflected the growing emphasis on sovereignty and the idea that states are only bound by the rules they have explicitly agreed to. Congress of Vienna (1814-1815): This international conference, which followed the Napoleonic Wars, reinforced the balance of power in Europe and established norms for diplomatic relations. It also contributed to the Western-centric development of international law, as the Industrial Revolution expanded the need for cooperation on issues such as trade, communications, and maritime law. The Height of Positivism: By the late 19th and early 20th centuries, legal positivism had become the dominant theory in international law. It emphasized that what states do in practice, rather than moral or religious ideals, defines the law. Only laws created by legitimate state authority were considered binding, and states were only bound by rules they had explicitly consented to. This shift in thought contributed to the rise of international organizations and more formal systems for regulating global interactions, such as the League of Nations following World War I. 3. The Foundations of International Law International law is built upon the principles of state sovereignty, equality among states, and the consent of states to be bound by international norms.  Sovereignty of States: Sovereignty refers to the independence of states in managing their internal affairs without external interference. International law respects this autonomy but simultaneously binds states through their voluntary agreements to abide by specific international norms. Sources of International Law: ○ Treaties and Conventions: Formal agreements between states that become binding once ratified. These agreements constitute a significant portion of international law. ○ Customary International Law: Customary law is developed through the consistent practice of states, accompanied by the belief that such practices are legally required. ○ General Principles of Law: These principles are recognized across legal systems and provide a foundation for legal reasoning in areas not explicitly covered by treaties or customs. ○ Judicial Decisions and Scholarly Work: Although not primary sources of law, judicial decisions (such as those from the International Court of Justice) and academic writings serve as auxiliary means for interpreting international norms. 3. Structural Elements of International Law The structure of international law is defined by various actors and mechanisms that regulate global interactions. States remain the principal actors, but international organizations, individuals, and even non-governmental organizations have gained prominence in influencing the evolution of international law. International Organizations: Entities like the United Nations, NATO, and the European Union are created through treaties and possess legal personality. They play a crucial role in maintaining international order, providing platforms for dispute resolution, and facilitating global cooperation. These organizations operate based on autonomy from their member states but are constrained by the mandates given in their constitutive treaties.  Autonomy of International Law: Though states are central to international law, once established, international law operates independently of individual states' preferences, ensuring fairness and predictability. 4. Enforcement Mechanisms One of the critical challenges in international law is its enforcement. Unlike national legal systems, international law lacks a central authority to impose penalties. Instead, enforcement relies on various mechanisms, including diplomatic pressure, sanctions, and recourse to international judicial bodies like the International Court of Justice. Obligations of States: States are bound by their commitments under international law through treaties and customary norms. However, enforcement is often carried out by states themselves, sometimes leading to uneven implementation. In cases where treaties are violated, states may bring claims to international courts or seek remedies through diplomatic negotiations. Normative Hierarchies: International law recognizes certain "peremptory norms" or jus cogens, which are non-derogable, such as prohibitions against genocide or slavery. These norms override conflicting treaty obligations and must be upheld by all states. Principle of Non-Intervention: Central to international law is the principle that states cannot intervene in the internal affairs of other states, except where explicitly allowed, such as in cases of humanitarian intervention. 5. Evolution and Expansion of International Law International law has significantly evolved, expanding beyond the traditional focus on state relations to include issues such as human rights, environmental protection, and international trade. Globalization and technological advancements have introduced new challenges that international law continues to address.  Human Rights: Since the mid-20th century, the protection of human rights has become a central concern of international law, with numerous treaties, such as the Universal Declaration of Human Rights, codifying these protections. Environmental Law: The regulation of environmental issues, particularly in light of climate change, has led to the development of international environmental law, with treaties such as the Paris Agreement. Global Economic Integration: International economic law has expanded, regulating trade and investment through organizations such as the World Trade Organization and bilateral investment treaties. 6. Role of Judicial Bodies International law provides mechanisms for dispute resolution and the enforcement of legal norms through international courts. The International Court of Justice (ICJ), for instance, serves as the principal judicial body of the United Nations, settling disputes between states and providing advisory opinions on international legal questions. Conclusion International law's foundations rest on the principles of state sovereignty, mutual consent, and international cooperation. Its structure includes a diverse range of actors and sources, from treaties to customary practices, which together form a comprehensive legal system governing international relations. Although enforcement challenges remain, the expansion of international law into new areas reflects its growing importance in an increasingly interconnected world. Sources of International Law: An In-Depth Analysis International law is the set of rules that governs the legal relationships between states, international organizations, and, in some cases, individuals and non-state actors. The sources of international law, as established under Article 38(1) of the Statute of the International Court of Justice (ICJ), provide the foundation for the development, interpretation, and application of legal norms at the international level. These sources can be divided into formal (primary) and subsidiary (secondary) sources, which together shape the legal framework that guides international relations. 1. Formal (Autonomous) Sources Formal sources are the mechanisms that directly create legal obligations between states and international actors. They include treaties, customary international law, and general principles of law. A. International Treaties and Conventions Treaties are agreements between states that are intended to create binding legal obligations. These instruments are among the most important sources of international law, as they allow states to formally express their consent to be bound by specific legal standards. Definition of a Treaty: A treaty is defined as a legally binding written agreement between subjects of international law (usually states or international organizations) that is governed by international law. A treaty may also be referred to as a convention, protocol, accord, agreement, or charter, but all of these terms indicate the creation of legal obligations. Types of Treaties: 1. Bilateral Treaties: These are agreements between two states. They are typically negotiated and agreed upon to address specific concerns or mutual interests (e.g., trade agreements or security pacts). 2. Multilateral Treaties: These involve multiple states and generally address issues of global concern (e.g., the United Nations Charter, the Paris Climate Agreement, the Rome Statute that established the International Criminal Court). Multilateral treaties often require broader international cooperation and adherence to universal principles. Process of Treaty Formation: The process of creating and adopting a treaty typically follows several stages: Negotiation: States negotiate the terms of the treaty, typically through their diplomatic representatives. This process may involve significant compromises. Adoption of Text: Once the parties agree on the text, it is adopted. For multilateral treaties, adoption may occur through a vote during an international conference or under the auspices of an international organization.  Signature: States sign the treaty to signal their intention to ratify it. However, the signature alone does not create a binding legal obligation. Ratification: After signature, each state must ratify the treaty according to its domestic legal procedures. Once a state ratifies a treaty, it becomes legally bound by its terms. Entry into Force: A treaty typically enters into force once a specified number of states have ratified it. This threshold is usually specified in the treaty itself. Vienna Convention on the Law of Treaties (1969): The Vienna Convention is the principal instrument that codifies the rules governing treaties, including their formation, interpretation, amendment, and termination. It defines treaties as binding agreements, regulates their execution, and ensures that states are bound by their obligations under international law, under the principle of pacta sunt servanda (agreements must be kept). Key principles include: Article 26 (Pacta Sunt Servanda): This principle ensures that states must fulfill their treaty obligations in good faith. Article 31: Establishes rules for treaty interpretation, stressing that treaties must be interpreted based on their ordinary meaning in the context and in light of their object and purpose. Article 53 (Jus Cogens): A treaty is void if it conflicts with a jus cogens (peremptory norm). Reservations to Treaties: Reservations allow states to modify the legal effect of certain provisions of a treaty in their relations with other states. A state may exclude or alter the effect of certain provisions while still agreeing to the treaty as a whole. However, reservations are subject to limitations: A reservation must not defeat the object and purpose of the treaty. Some treaties explicitly prohibit reservations, particularly those involving human rights (e.g., the Convention on the Elimination of All Forms of Discrimination Against Women). B. Customary International Law Customary international law results from the consistent and general practice of states, which is followed by them out of a sense of legal obligation (opinio juris). This is an essential source of law, especially in situations where treaties do not exist or do not cover particular issues. Customary law binds all states, regardless of whether they have consented to it through treaties. Components of Customary International Law: 1. State Practice: For a rule to be considered customary law, there must be widespread, consistent, and regular state practice. This practice can be demonstrated through: ○ Diplomatic acts and official government statements. ○ Military operations or the absence of certain conduct (negative custom). ○ Repeated state actions in specific areas over time. 2. Opinio Juris: States must follow this practice out of a sense of legal obligation, not simply out of habit or convenience. In other words, states believe that they are legally bound to act in a certain way because of the existence of a customary norm. Persistent Objector Rule: A state that consistently and expressly objects to the development of a particular customary norm may avoid being bound by that norm. However, this objection must be made during the formation of the custom and maintained consistently. Examples of Customary International Law: The prohibition of genocide. The prohibition of torture. The principle of non-intervention in the internal affairs of other states. C. General Principles of Law Recognized by Civilized Nations General principles of law are those legal principles that are common to the major legal systems of the world. They serve as a source of international law when treaties and customs do not provide sufficient guidance. These principles can be applied to fill gaps and ensure justice in the application of international law. Examples of General Principles: Equity: The principle that justice should be administered fairly, taking into account the needs of both parties. Good Faith: The expectation that parties will deal with one another honestly and fulfill their obligations. Due Process: The right to a fair hearing and the application of procedural fairness in legal proceedings. Prohibition of Ex Post Facto Laws: Laws that criminalize actions retroactively are prohibited. These general principles are frequently invoked by international courts and tribunals to address issues not specifically covered by treaties or customs. 2. Subsidiary (Auxiliary) Sources of International Law While not creating binding obligations, subsidiary sources help in the interpretation, clarification, and application of international law. They include judicial decisions and scholarly writings. A. Judicial Decisions Decisions of international tribunals, such as the International Court of Justice (ICJ), the International Criminal Court (ICC), and various ad hoc tribunals, play a vital role in interpreting and applying international law. Though judicial decisions are not binding precedents in the same way as in common law systems, they provide valuable guidance. Case Law: The ICJ's decisions, such as in the Nicaragua v. United States case (1986), where the court elaborated on the principles of  non-intervention and the use of force, are frequently cited in subsequent cases. Advisory Opinions: The ICJ also provides non-binding advisory opinions, which clarify legal questions posed by international organizations like the UN General Assembly. B. Scholarly Writings (Doctrine) The writings of eminent legal scholars are considered subsidiary sources of international law. While they do not create binding legal norms, they are used to interpret and clarify difficult legal issues. Scholars such as Hugo Grotius, Emmerich de Vattel, and Hans Kelsen have been influential in shaping the development of modern international law. Role of Doctrine: Scholars analyze and critique international law, helping to refine and evolve legal concepts. Their contributions are frequently cited in court rulings and legal arguments to support specific interpretations of law. 3. Hierarchy of Norms in International Law Jus Cogens (Peremptory Norms): norms are fundamental principles from which no derogation is Jus cogens permitted. These norms hold the highest status in international law and override conflicting treaties or customary rules. Any treaty or agreement that conflicts with a jus cogens norm is void ab initio (from the outset). Examples of Jus Cogens Norms: Prohibition of genocide. Prohibition of slavery. Prohibition of torture. Prohibition of aggression or the use of force except in self-defense. Obligations Erga Omnes: Certain international obligations are owed by states towards the international community as a whole. These obligations are considered so essential to the international legal order that all states have a legal interest in ensuring their enforcement. Examples of Erga Omnes Obligations: The prohibition of racial discrimination. The right to self-determination. The protection of fundamental human rights. The Law of Treaties: The law of treaties is a foundational aspect of international law, establishing the legal framework for how states and other international actors create, implement, and terminate binding agreements. As codified in the Vienna Convention on the Law of Treaties (1969), treaties are one of the most significant formal sources of international law. 1. Definition and Nature of a Treaty A treaty is a formal written agreement between subjects of international law, typically states or international organizations, that is governed by international law. Treaties can regulate a broad range of subjects, including trade, peace agreements, environmental protection, and human rights. Bilateral Treaties: Agreements between two states or entities.  Multilateral Treaties: Involves more than two states or parties, such as conventions with global significance like the United Nations Charter. The Vienna Convention defines a treaty as any agreement concluded between international entities and governed by international law, regardless of the name given to the agreement (e.g., convention, pact, charter). The key characteristic of a treaty is that it creates legally binding obligations for its parties. 2. Formation and Conclusion of Treaties The process of forming a treaty involves multiple stages, which are codified by international law to ensure that states engage in treaties with full knowledge and consent. The phases of treaty formation include: 1. Negotiation: Representatives of states or international organizations come together to discuss and draft the terms of the treaty. This is often an informal stage where states propose different terms to reach mutual agreements. 2. Adoption of Text: The text of the treaty is finalized, often through diplomatic processes or international conferences. Once the text is agreed upon, it is adopted by the parties involved. 3. Authentication and Signature: Once the text is adopted, the parties authenticate the treaty through signature. At this stage, the signature does not yet bind the state, but indicates its intention to move toward ratification. 4. Ratification: States ratify the treaty according to their domestic legal procedures, making it legally binding on them. Ratification is often followed by the exchange of instruments of ratification in bilateral treaties or the deposit of these instruments with an international organization for multilateral treaties. Vienna Convention on the Law of Treaties: The Vienna Convention, a key document for the codification of international treaty law, outlines the rules for the negotiation, adoption, and  ratification of treaties, including the principle of pacta sunt servanda (agreements must be kept). 3. Reservations and Interpretations States are permitted to attach reservations to treaties at the time of ratification. A reservation allows a state to exclude or modify the legal effect of certain provisions of the treaty in their application to that state. Permissibility of Reservations: Under the Vienna Convention, reservations are allowed provided they do not conflict with the object and purpose of the treaty. If a reservation conflicts with these core aspects, it is considered invalid. State Responses to Reservations: Other states can accept or object to reservations. An objection may prevent the application of the treaty between the objecting state and the reserving state, at least in the areas covered by the reservation. Treaties are also subject to interpretation when disputes arise about their meaning. The Vienna Convention outlines specific rules for interpretation, emphasizing that treaties should be interpreted in good faith according to the ordinary meaning of the terms in their context, and in light of the treaty's object and purpose. 4. Entry into Force The point at which a treaty becomes legally binding on its parties is known as its entry into force. The conditions for a treaty to enter into force are usually stipulated within the treaty itself: For bilateral treaties, the exchange of ratifications often marks the entry into force. For multilateral treaties, the treaty typically specifies the number of ratifications required for it to take effect. For example, the United Nations Framework Convention on Climate Change required a  certain threshold of countries to ratify before it could enter into force. 5. Modification and Amendment of Treaties Over time, treaties may need to be modified or amended to reflect changes in circumstances or state preferences. The Vienna Convention provides mechanisms for such changes: Amendments: Amendments affect all parties to a treaty. Once an amendment is agreed upon, it requires the consent of all parties involved. An amendment changes the legal obligations of the parties moving forward. Modifications: Modifications are more limited and may only affect certain parties. These are often negotiated bilaterally or between a few parties in a multilateral treaty. 6. Termination and Suspension of Treaties A treaty may be terminated or suspended in various ways, with significant legal consequences. Under the Vienna Convention, termination refers to the complete end of the treaty, while suspension refers to a temporary halt in the treaty's operation. Termination: ○ By mutual agreement: Parties can decide to terminate a treaty when its purpose has been fulfilled or when circumstances have fundamentally changed. ○ Breach: A serious breach of the treaty by one of the parties can give rise to its termination by the other party. ○ Impossibility of performance: When a fundamental change of circumstances makes it impossible for a party to fulfill its obligations, the treaty may be terminated under the rebus sic stantibus principle.  Suspension: A treaty may be suspended for a temporary period by the mutual consent of the parties, or in cases where it is no longer practical for one of the parties to comply, such as during wartime or natural disasters. The effect of suspension is to temporarily relieve the parties of their obligations under the treaty. 7. Jus Cogens and Invalidity of Treaties Certain fundamental norms of international law, known as jus cogens norms, override any conflicting treaties. These are peremptory norms from which no derogation is permitted. Any treaty that conflicts with a jus cogens norm is considered void ab initio (from the outset). Examples of jus cogens norms include the prohibition of genocide, torture, and slavery. The invalidity of a treaty can also result from other defects, such as: Coercion of a state's representative during treaty negotiations. Fraud, corruption, or a fundamental misunderstanding of the facts at the time of the treaty’s conclusion. OTHER WAY TO UNDERSTAND like contracts between people, but on a global scale, with countries making promises to each other that they are expected to keep. Now, let’s dive into the details. 1. What is a Treaty? A treaty is a legal agreement between two or more countries, where they agree to follow certain rules. This agreement is written down and is legally binding, which means once a country agrees to it, they are expected to follow the terms (rules) in the treaty. Bilateral Treaties: These are treaties between two countries. It’s like a contract between two parties. For example, two countries might agree on how they will trade goods with each other or protect each other's borders. Multilateral Treaties: These involve more than two countries, often many. Think of it like a group project where multiple countries are agreeing on global rules. Examples of this are big agreements like the Paris Agreement on climate change, where many countries agree to reduce pollution together. The main idea here is that treaties are formal agreements. Countries come together, negotiate, and once they sign and ratify (approve) the treaty, they have to follow the rules in the treaty. It’s like a country saying, “Yes, we agree to do this, and we promise to follow through.” 2. How Do Treaties Get Made? There’s a process to making a treaty, and it happens in stages: 1. Negotiation: Countries come together and discuss what they want in the treaty. This is like a meeting where everyone shares their ideas and tries to agree on the rules. They may need to compromise (give and take) to get a deal that works for everyone. 2. Adopting the Treaty Text: After everyone has talked and agreed on what the treaty should say, the actual words of the treaty are written down. This is the “official” version of the treaty, and all countries agree that these are the exact rules they’ll follow. 3. Signing the Treaty: When countries sign the treaty, it’s like they are saying, “We are interested in following these rules.” But, at this  stage, it’s not yet a binding commitment (meaning, they don’t have to follow it just yet). The signature is a signal of intent—the country is interested and might move forward with it. 4. Ratifying the Treaty: This is the final step. Each country has its own way of approving a treaty (this might involve a vote in their government). When a country ratifies a treaty, it means they are now legally bound by it. This is like a final stamp of approval, and once this happens, the treaty becomes legally enforceable. 5. Entering into Force: This is when the treaty officially becomes active. Usually, treaties say how many countries need to ratify them before they "enter into force" and start having legal power. For example, a treaty might say, “Once 50 countries ratify this, the rules will start applying.” 3. What if a Country Doesn’t Like Part of the Treaty? Countries sometimes don’t agree with every part of a treaty. In this case, they can make a reservation. A reservation is when a country says, “We agree with most of the treaty, but we don’t want to follow this specific part.” However, there are limits. A country can’t make a reservation that goes against the main purpose of the treaty. For example, if a treaty is about protecting the environment, a country can’t make a reservation saying, “We don’t want to protect the environment.” Other countries can accept or object to a reservation. If they object, it might mean that the treaty won’t apply between the objecting country and the country that made the reservation—at least for the part the reservation was about. 4. What Happens After a Treaty is in Place? Once a treaty is ratified and enters into force (meaning it starts working), it creates legal obligations. The countries that signed and ratified the treaty must follow the rules they agreed to. This is called pacta sunt servanda, which means “agreements must be kept.” It’s a basic rule in international law that says once you agree to something, you’re expected to stick to it. If countries want to change or update the treaty, they can do so in two main ways: Amendments: These are changes that apply to all the countries that signed the treaty. It’s like updating the terms of the agreement. For example, if countries signed a treaty about reducing pollution, they might agree to add new rules about reducing plastic waste later. Modifications: These changes might only affect a few countries in the treaty, not everyone. For example, two countries might agree to change how they interact under a treaty without affecting the other countries involved. 5. Can a Treaty End or Be Stopped? Yes, treaties don’t last forever, and sometimes they end or get temporarily stopped. Termination: This is when a treaty completely ends. Countries can decide to stop following the treaty if they all agree. Other times, a treaty can end if one country breaks the rules badly, which gives other countries the right to leave the agreement. Or, a treaty might end if something major changes, like a war or natural disaster, making it impossible for countries to follow the treaty. Suspension: This is when a treaty is temporarily paused. The countries are still bound by the treaty, but they don’t have to follow it for a period of time. For example, if a country is at war, it might temporarily stop following some treaties until the conflict is over. 6. Jus Cogens – Super Rules that Can't Be Broken There are some rules in international law that are so important, countries can’t ever break them, even in treaties. These are called jus cogens (pronounced “yoos koh-jens”) or peremptory norms. These are “super rules” that apply to everyone and cannot be ignored or changed by any treaty. Some examples of jus cogens include: Prohibition of genocide: Countries are never allowed to commit genocide. Prohibition of slavery: No country can allow slavery. Prohibition of torture: Torture is banned under international law. If a treaty goes against a jus cogens rule, it is automatically considered invalid. This means no matter what the treaty says, it can’t be enforced because the rule is too important to break. 7. Can a Treaty be Invalid or Wrong? Sometimes, a treaty might be invalid (meaning it isn’t legally enforceable). This can happen if something illegal or unfair happened during the treaty’s creation. For example: If a country’s leader was forced to sign the treaty (coercion). If the treaty was based on false information or misunderstanding (fraud). When this happens, the treaty can be considered void (as if it never existed in the first place)  The Actors in the International Legal System 1. The State: The Central Actor in International Law The state is the cornerstone of international law. Without states, the whole framework of international law would collapse because states are the main entities that create, follow, and enforce international rules. A. What Is a State in International Law? In international law, a state is a political entity that holds both internal and external sovereignty. It means that a state has control over its own affairs (internal sovereignty), and it is recognized as independent by other states (external sovereignty). But being a state is more than just declaring independence—it requires meeting some key criteria:  1. Defined Territory: A state must have clear borders that define where its authority begins and ends. For example, the borders of France or Japan are well-defined, and within those borders, the government has full control. Sometimes borders are disputed, like in the case of Israel and Palestine, which complicates recognition and sovereignty. 2. Permanent Population: A state must have people living within its territory. It doesn’t matter how large or small the population is—what matters is that there are people who belong to that state and that it has a stable community. A tiny country like Monaco has a small population, but it is still a fully recognized state. 3. Government: The government is the organization that rules the state. It makes laws, enforces them, and represents the state in international affairs. For example, the French government makes laws for France, and the Japanese government does so for Japan. There are different types of governments—democracies, monarchies, dictatorships—but all of them must have the ability to function independently. 4. Capacity to Enter into Relations with Other States: This means that the state has to be able to form relationships with other countries. It can sign treaties, engage in trade, and conduct diplomacy. For example, the United States has treaties with hundreds of other countries, regulating everything from defense to trade and environmental protection. B. Sovereignty: The Heart of Statehood is the key feature of a state. It means that the state has ultimate Sovereignty authority within its borders and is not subject to any higher power. No one else can tell a state what to do within its territory unless that state has agreed to certain limitations, such as through treaties or membership in international organizations. Internal Sovereignty: This is the state's control over everything that happens inside its borders. The state has the right to govern its people, create laws, maintain order, and manage its resources without interference. For instance, the United States can pass laws about healthcare, education, and policing because it has internal sovereignty. External Sovereignty: This means that the state is recognized by other states as an independent entity. It can engage in international diplomacy, enter treaties, and make decisions about war and peace. For example, Switzerland has external sovereignty, meaning it can sign treaties with other countries, despite its neutrality in wars. C. States as the Primary Subjects of International Law In international law, the state is the main subject. This means that most rules are designed to regulate the behavior of states, whether it’s how they treat their citizens or how they interact with other states. Rights of States: States have many rights under international law, such as the right to defend themselves if attacked (the right to self-defense under Article 51 of the UN Charter) and the right to conduct trade and diplomacy. Obligations of States: States also have obligations, such as respecting other states' sovereignty, honoring international treaties, and protecting human rights within their territory. If a state violates these obligations, it can face consequences like sanctions or international condemnation. 2. International Organizations (IOs): Facilitators and Coordinators While states are the primary actors, international organizations have emerged as essential players in the modern world, helping states manage complex global issues. These organizations are created by treaties between states and are given specific responsibilities by their member states. A. What Are International Organizations? International organizations (IOs) are groups of states that work together to achieve common goals. These organizations are formal entities with their own rules, leadership, and legal personalities. They are formed when states come together, sign a treaty, and agree on a structure and mission for the organization. B. The Legal Personality of International Organizations Some international organizations have what's called legal personality in international law. This means they can perform many of the same actions as a state—they can sign treaties, bring legal cases, and act independently. However, their power comes from the states that created them, meaning they can only do what those states allow. Example: The United Nations (UN) The United Nations (UN) is the most important international organization in the world. It was founded in 1945, after World War II, with the goal of preventing future wars, promoting peace, and fostering cooperation between states. The UN has a range of bodies that handle different issues: The Security Council: This body is responsible for maintaining international peace and security. It can authorize military action, impose sanctions, and make binding decisions on its member states. The International Court of Justice (ICJ): This is the judicial arm of the UN, and it resolves disputes between states. If two countries have a disagreement, they can bring their case to the ICJ for a legal ruling. Example: The World Trade Organization (WTO) The WTO is responsible for regulating international trade. It sets the rules for how countries trade goods and services, resolves trade disputes, and helps create a fair playing field for global trade. C. Functions of International Organizations International organizations serve many important roles in the world:  1. Peacekeeping and Conflict Resolution: Organizations like the UN are vital in preventing conflicts, mediating peace agreements, and providing peacekeeping forces to stabilize regions in conflict. 2. Global Cooperation: International organizations help states work together on global problems that no single state can solve alone, such as climate change, pandemics, or human trafficking. 3. Development and Aid: The World Bank and International Monetary Fund (IMF) help developing countries grow their economies by providing financial support and advice on economic policies. D. The Limitations of International Organizations Although international organizations have significant influence, they rely on the cooperation of their member states. For example, the UN cannot deploy peacekeepers or impose sanctions without approval from the member states, especially the powerful members of the Security Council. 3. Non-State Actors: Influencers without Legal Status Non-state actors are entities that do not have the legal standing of states or international organizations, but they can still influence international law and global relations. These include multinational corporations (MNCs), non-governmental organizations (NGOs), and individuals. A. Multinational Corporations (MNCs): MNCs are large companies that operate in many countries. They are private entities, meaning they are not created by states, but they hold a lot of power in international relations due to their economic strength. Companies like Apple, Google, or ExxonMobil have annual revenues larger than the GDP of many small countries, giving them considerable influence over trade laws and international economic policies. Influence of MNCs: MNCs can pressure governments to adopt favorable trade policies, lobby for lower taxes, and influence international regulations on labor, the environment, and commerce. For example, MNCs might push for weaker environmental regulations in developing countries to reduce costs. B. Non-Governmental Organizations (NGOs): NGOs are non-profit groups that work on issues like human rights, environmental protection, and humanitarian aid. Although NGOs don’t have the legal powers of states or international organizations, they have a significant influence on international law. Example: Amnesty International Amnesty International is an NGO that advocates for human rights. It puts pressure on governments to improve their human rights records by publishing reports, launching campaigns, and lobbying international organizations like the UN to adopt human rights treaties. Role of NGOs: NGOs can bring attention to issues that might be ignored by states. They often operate in countries where human rights abuses are happening and gather evidence that can be used to hold states accountable under international law. C. Individuals as Subjects of International Law Traditionally, international law applied only to states, but now, individuals are recognized as having both rights and responsibilities under international law. Human Rights Protections: Through international treaties like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, individuals are protected from abuses by their governments. These treaties ensure that every person has rights to life, freedom, and protection from torture, regardless of where they live. International Crimes: Individuals can also be held accountable for crimes under international law. The International Criminal Court (ICC) prosecutes individuals for serious crimes like genocide, war crimes, and crimes against humanity. For example, during the conflicts in Rwanda and the former Yugoslavia, individuals were prosecuted for atrocities committed against civilians. 4. Other Actors: Peoples and Non-State Groups Some groups don’t fit neatly into the category of states, but they still play important roles in international law, especially when it comes to issues like independence and self-determination. A. Peoples and the Right to Self-Determination is the right of a group of people, often based on ethnicity or Self-determination nationality, to decide their own political future. This principle became important after World War II when many former colonies wanted to become independent states. For example, countries in Africa and Asia gained independence from European powers through the exercise of self-determination. B. Rebel Groups and Terrorist Organizations Though not recognized as legitimate actors, rebel groups and terrorist organizations often force the international community to respond with legal and political measures. For instance, international law now deals with terrorism through treaties that criminalize terrorist acts, such as the International Convention for the Suppression of Terrorist Bombings.