Summary International Law and Human Rights Notes on *SOME* Readings - GRADE 8,0

Summary of *SOME* of the reading materials for the final exam (2023) for International Law and
Human Rights. INCLUDES notes from (Total: 20 pages):
● Beth Simmons’s chapter (2008) “11. International Law and International Relations” in “The
Oxford Handbook of Law and Politics”.
● Hans Morgenthau’s book (1988) “Politics Among Nations: The Struggle for Power and Peace”,
chapter 16.
● Reus-Smit, et al. (2004) “The Politics of International Law”, chapter 2.
● Wilhelm Grewe’s book (2000) “The Epochs of International Law”, introduction.
● Brett Bowden’ journal article (2005) “The Colonial Origins of International Law. European
Expansion and the Classical Standard of Civilization”.
● Jan Klabbers’s textbook (2013) “International Law”, chapter 2, 4 and 10.
● Robert O. Keohane, Andrew Moravscik, and Anne-Marie Slaughter’s journal article (2000)
“Legalised Dispute Resolution: Interstate and Transnational”.
● Thomas W. Smith’s journal article (2002) “The New Law of War: Legitimising Hi-Tech and
Infrastructural Violence”.
● James D. Morrow’s journal article (2007) “When Do States Follow the Laws of War?”.


International Law and Human Rights Notes on *SOME* Readings


Table of Contents
“11. International Law and International Relations” 1
“Politics Among Nations: The Struggle for Power and Peace” 3
XVI - The Main Problems of International Law 3
“The Politics of International Law” 5
2. The Politics of International Law 5
“The Epochs of International Law” 7
Introduction 7
“The Colonial Origins of International Law. European Expansion and the Classical Standard
of Civilization” 9
“International Law” 10
Part I: The structure of international law 10
2. The making of international law 10
4. The subjects of international law 12
Part II: The substance of international law 13
10. Use of force 13
“Legalised Dispute Resolution: Interstate and Transnational” 14
“The New Law of War: Legitimising Hi-Tech and Infrastructural Violence” 16
“When Do States Follow the Laws of War?” 18

, 1


“11. International Law and International Relations”
International Law (IL): Set of rules/principles regulating the behaviour of states, IOs & individuals in
their relations with one another (absence of a central authority → relies on states’ willingness to
abide by its rules). A product of IR, providing the context for understanding how IL is
created/enforced.
➔ Has become increasingly important in IR, especially in the post-World War II era, where
states have become more interdependent (complex relationships requiring
cooperation/coordination).
◆ International Legal Personality: Entity’s capacity (e.g., state, IO, individual) to have
rights/duties under IL.
◆ Customary International Law: Unwritten rules/practices that have been consistently
& widely accepted as binding by states over time.
◆ Ius cogens: A peremptory norm of international law recognised as binding on all
states & CANNOT be violated.
◆ International Norms: Widely accepted standards of behaviour that govern state
conduct in IR. They can be formalised in treaties & other legal instruments or emerge
through customary practices.
➔ Sources of IL derived from:
◆ Treaties (most important → binding agreements between states)
◆ Customary practices (important → reflect states’ behaviour in the international
system).
◆ General principles of law.
◆ Decisions of international courts/tribunals.
➔ IL enforcement:
◆ While binding on states, there is NO global police force to enforce it.
◆ Mechanisms include:
● Diplomatic pressure.
● Economic sanctions.
● Military force.
● International courts/tribunals (provide a forum for resolving disputes
between states).

Domestic Law: Governs the behaviour of individuals & institutions within the territory of a state (has
a coercive enforcement mechanism).

Theoretical debate regarding the nature of IL between:
● International legal scholars = IL as a set of rules that bind states & regulate their behaviour.
● IR scholars = IL as a product of power politics, with states using IL to pursue their interests.
● More nuanced approach needed.

IL’s role:
● Constraint on state behaviour = imposes obligations on states & provides a framework for
resolving disputes.

, 2


● Provide opportunities for states to advance their interests = create new norms/institutions
that benefit certain states.
● Instrumental in promoting:
○ Human rights → development of international human rights treaties &
establishment of international courts/tribunals.
○ Democracy → IOs (e.g., UN, EU) using IL to promote democratic governance &
protect human rights.

Il’s effectiveness in regulating state behaviour:
● Successful in the regulation of trade/commerce, environmental law.
● Less successful, as it can often be vague, with NO clear mechanism for enforcing it (e.g.,
regulation of armed conflict, human rights).
● Depends on the level of:
○ International support for a particular norm/rule.
○ Available enforcement mechanisms to enforce the norm/rule.
○ State compliance with the norm/rule.

Compliance issues with IL = problem in the international system → lack of enforcement
mechanisms.
➔ IL relies heavily on states to comply voluntarily (can be problematic when states have
competing interests).

IL remains an important normative framework in the international system:
● Helped promote cooperation & resolve disputes peacefully.
● Critical in the promotion of human rights & democracy.