International Law

International law, often known as “public international law” or the

“law of nations,” is the system of law that governs relationships among

states. A state exhibits three basic characteristics: it must have a terri-

tory, a population, and a sovereign government capable of controlling its

territory and conducting international relations with other states. States

possess sovereignty, which might be viewed as the supreme political au-

thority from which the state derives other specific political powers. Sove-

reignty provides the international independence of a state and the right

and power to regulate its internal affairs free of foreign interference.

International law should be distinguished from an individual state’s

internal law, also known as its “national,” “municipal,” or “local” law.

A country’s national law may affect various aspects of international rela-

tions, though the extraterritorial effect of one country’s law is necessarily

limited by the sovereignty of other countries. For example, almost every

country has developed a system of private international law, a branch of

conflicts of law that determines (1) when a domestic court should exer-

cise jurisdiction over a case involving foreign persons or territories, (2)

when foreign rather than domestic law should apply to a case, and (3)

when judgments rendered by foreign courts should be recognized and

enforced in a domestic court.

In the United States and other countries a legislature enacts law. The

executive, among other functions, enforces it and the judiciary tries vio-

lations of criminal law and resolves civil disputes. Violations of law are

backed by legal sanctions including money damages, injunctions, fines,

and imprisonment. Among the sovereign states no centralized legislature

exists, no court possesses mandatory jurisdiction, and no executive body

imposes legally enforceable sanctions. This lack of sanctions—lack of an

obligatory judicial forum whose judgments are enforceable by executive

authority – has led some observers to conclude that the norms that gov-

ern human conduct in the world arena are not “law,” in the traditional

sense of the term, at all. Nevertheless, states normally obey principles

of international law, which are derived from consensus or formal agree-

ment, because it is in their individual self-interest to do so. States are

few in number and cannot move; economic and other needs force most

states to cooperate with their neighbors and to be reasonably reliable

in international dealing. Violation of a rule may lead to retaliation by

other states, an unacceptable result in light of increasing interdepen-

dence among states.

Modern international law began to develop in the sixteenth and seven-

teenth centuries, corresponding to the development of modern Western

European states. Article 38(1) of the Statute of the International Court

of Justice provides the most widely accepted list of the sources of inter-

national law. It states:

The Court, whose function is to decide in accordance with interna-

tional law such disputes as are submitted to it, shall apply:

(a) international conventions, whether general or particular, estab-

lishing 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)... judicial decisions and the teachings of the most highly quali-

fied publicists of the various nations, as subsidiary means for the deter-

mination of rules of law.

Treaties. The first source, “international conventions” refers to trea-

ties. A treaty is an agreement or contract between two or more nations

or sovereigns, formally signed by an authorized representative and rati-

fied by the sovereign or supreme power of each state. Because modern

technology, communication, and trade have made states increasingly

interdependent and willing to cooperate on a variety of common prob-

lems, treaties occupy an ever-expanding role in the orderly conduct of

international relations. Some address critical national interests of a po-

litical character, such as alliances, peace settlements, and bans on atom-

ic testing. Others involve less politically charged relationships between

governments and government agencies, such as agreements on foreign

aid or cooperation in provision of government services such as weather

forecasting. Still others, such as tariff treaties, tax conventions, and trea-

ties of friendship, commerce, and navigation, regulate business relation-

ships between nationals or residents of the participating countries.

Custom. Custom is the original source of international law. A practice

is recognized as part of international custom if it involves a consistent

course of conduct by a number of states over a considerable period, a

recognition that the practice is consistent with or required by inter-

national law, and general acquiescence in the practice by other states.

Many international customs have been codified in treaties in recent

years, providing more precision and predictability in the law.

General Principles of Law. General principles of law provide the third

source of international law. These principles, derived primarily from the

national law of the developed countries, supplement and fill in the gaps

in treaties and customary law, the primary sources of international law.

Examples of general legal principles used by international tribunals in-

clude estoppel, laches, and res judicata.

Primarily since the end of World War II, treaties have been used to

create international organizations using a permanent staff, buildings,

and other assets to maintain continuous activity. These organizations

play an important role in addressing international legal problems not

easily resolved through customary international law, or noninstitutional

bilateral or multilateral treaties. The organizations are formed for vari-

ous purposes including peace-keeping and world order, and regulating,

facilitating, and developing commercial or economic activities of mem-

ber states. Some of the more important organizations are briefly intro-

duced below.

United Nations. The United Nations was created at the end of the

Second World War to promote resolution of international disputes and

provide for collective action to stop aggression, the United Nations also

is concerned with economic development, social welfare, and human

rights. The United Nations Charter divides the organization into con-

stituent parts. The Security Council is vested with primary responsibility

for the maintenance of international peace and security. The Council’s

nonprocedural decisions are subject to by its permanent members: Chi-

na, France, the Soviet Union, the United Kingdom, and the United

States. The General Assembly is composed of representatives from all

member states. Resolutions of the General Assembly have, in recent

years, increasingly addressed trade, investment, and economic matters,

rather than peace-keeping issues. General Assembly resolutions enjoy

rather limited adherence in the international arena. The Secretariat,

headed by the secretary general, administers the day-to-day affairs of the

United Nations, and occasionally takes initiative in political matters.

International Court of Justice. Perhaps the most important United

Nations body from a legal standpoint is its judicial branch, the Inter-

national Court of Justice (ICJ). The ICJ issues advisory opinions and

decides actual disputes. Its jurisdiction is limited by two basic principles.

First, only states may be parties to litigation before the ICJ. Second,

jurisdiction is not compulsory but is based upon the state’s consent. The

Court consists of fifteen judges, no more than two of whom may be from

the same country. Judges are elected by the General Assembly and the

Security Council to nine-year terms with one-third of the Court being

re-elected or replaced every three years. The ICJ is not the only interna-

tional tribunal. Other international courts have been created, for exam-

ple, under regional treaties of economic or political cooperation. Most

notable among these is the Court of Justice of the European Economic

Community.

All organizational products have one thing in common: derived de-

mand. Derived demand means the demand for every organizational

product depends on the demand for some other product. The demand

for tempera paints, water colors, and chalk sold to the art departments

of public schools is derived from the demand of students or their parents

for a basic, well-rounded education. Ultimately the demand for all or-

ganizational products depends on consumer demand for finished goods

and services.

Appendix

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