I. WHAT IS PUBLIC INTERNATIONAL LAW
According to the PCIJJ, International Law governs relations between independent States. The rules of
law binding upon States therefore emanate from their own free will, as expressed in conventions or by
usages generally accepted as expressing principles of law and established to regulate the relations
between these coexisting independent communities or with the view to the achievement of common
goals or aims. Restrictions upon the independence of States cannot therefore be presumed.
DEFINITION OF PUBLIC INTERNATIONAL LAW
A. Kaczorowska-Ireland: “Municipal law creates a vertical system, i.e. governs relations between a
sovereign and his citizens, while International Law creates a horizontal system.”
➢ International Law is a legal system governing the relations between the members of the
International Community: states, international organisations, individuals, and international
corporations, among others.
➢ As sovereign entities, States have the power to define the binding rules they want for ruling
their community, through international treaties (bilateral or multilateral agreements) or
customs (the general and consistent practice of states that they follow from a sense of legal
obligation, e.g. non-refluent).
➢ IOs also have the capacity to create rules through international treaties but only on matters
related to their mandate
➢ Composed mostly by binding rules States have accepted to be ruled by.
➢ It covers multiple realms and is constantly evolving to cover the needs of the international
community.
○ Main functions —
■ Regulating the use of ( armed ) force
■ Guaranteeing coexistence
■ Allowing cooperation
➢ It is a decentralised system as there is no central authority to create or enforce it. States are, at
the same time, its creators and its subjects.
THE DEBATE ON IL’S NATURE
➢ The question around the legal nature of the IL has been largely studied from two different
points of view
○ A philosophical / theoretical one, and
○ A more practical one.
THEORETICAL VIEW
Concepts Names Work Legislation Moreover Body
, ➢ On a theoretical level, the question has been around since the 19th century, thanks to Austin
○ As the community of states lacks a sovereign, there is no possible law regulating their
interactions.
➢ Later, in the 1970s, H.L.A. Hart stated that International Law is a primitive system, as it only
has primary laws.
➢ Several philosophers of law have challenged the statements of these two authors. Today, this
debate has mostly been overcome.
➢ It has been recognised that the decentralised nature of the international community demands a
decentralised system.
➢ Hart has been rebutted, as the IL does have secondary rules.
○ Art. 38 of the ICJ Statute is considered a rule of recognition
○ Multiple treaty and custom provisions include rules of change
■ 1969 Vienna Convention on the Law of the Treaties
○ Many treaties include rules of adjudication, providing compulsory jurisdiction for
international tribunals
■ European Convention on Human Rights
■ European Court of Human Rights
➢ There is a broad consensus on the fact that IL can be neither studied nor understood by using
the same theories and analytical methods as domestic law.
○ Some relevant contemporary authors on the theory of IL are Martti Koskenniemi,
Samantha Besson, Andrew Lang and Antonie Anghie.
PRACTICAL VIEW
➢ The debate is grounded in the common misperception that the rules of IL are constantly
breached without legal consequences
○ I.e. the Ukranian invasion or the constant news about human rights violations around
the world
➢ This is a mistake due to three factors —
1. International rules are not breached more than domestic rules. It is just that some of
these infringements receive a lot of attention.
2. States are very invested in the compliance of their international obligations, as their
reputation depends on it.
Concepts Names Work Legislation Moreover Body
, a. Frear of reciprocity and retaliation measures also play a role in their interest
in following the rules.
3. Although there is not a centralised enforcement system, IL includes several
compliance mechanisms, from self-defence to international tribunals.
Concepts Names Work Legislation Moreover Body
, II. SOURCES OF INTERNATIONAL LAW
Sources of the Law — by this expression is understood the authority from which the laws derive
their force. In international law, this authority mostly comes from the State’s will (either directly or
indirectly)
Art. 38 of the State of the International Court of Justice (1945) is considered as IL’s main rule of
recognition, laying out the “classical sources”.
III. Today, there is a broad consensus on the existence of additional sources, such as declarations
(States’ unilateral acts), soft law, and secondary law (provisions enacted by the IOs, some of
which are binding for their members and others not)
A. UN General Assembly — Non-binding
B. Some EU resolutions — Regulations, directives, and decisions are binding
PRIMARY SOURCES OF LAW
TREATIES (also known as conventions, protocols, agreements, covenants, etc.)
● An agreement (usually written) between:
○ Two or more States (i.e. European Convention on Human Rights)
○ A State or a group of them and an IO (i.e. Trade agreement between Colombia ad the
EU 2012)
○ Two or more IOs (not many examples)
● Governed by International Law
● Crafted with the intention of creating legal obligations
Classification of Bilateral ( EU-Canada Comprehensive Economic and Trade Agreement
treaties: (CETA) )
Regional (Inter-American Convention on HR )
Number of parties
Multilateral ( UN Convention on the Law of Seas )
Depending on its content:
LAW-MAKING TREATIES lay down binding TREATY CONTRACTS do not pretend to
principles and rules for the regulation of an create general rules but to create rights and
array of matters. obligations between the parties on specific
matters.
Concepts Names Work Legislation Moreover Body
According to the PCIJJ, International Law governs relations between independent States. The rules of
law binding upon States therefore emanate from their own free will, as expressed in conventions or by
usages generally accepted as expressing principles of law and established to regulate the relations
between these coexisting independent communities or with the view to the achievement of common
goals or aims. Restrictions upon the independence of States cannot therefore be presumed.
DEFINITION OF PUBLIC INTERNATIONAL LAW
A. Kaczorowska-Ireland: “Municipal law creates a vertical system, i.e. governs relations between a
sovereign and his citizens, while International Law creates a horizontal system.”
➢ International Law is a legal system governing the relations between the members of the
International Community: states, international organisations, individuals, and international
corporations, among others.
➢ As sovereign entities, States have the power to define the binding rules they want for ruling
their community, through international treaties (bilateral or multilateral agreements) or
customs (the general and consistent practice of states that they follow from a sense of legal
obligation, e.g. non-refluent).
➢ IOs also have the capacity to create rules through international treaties but only on matters
related to their mandate
➢ Composed mostly by binding rules States have accepted to be ruled by.
➢ It covers multiple realms and is constantly evolving to cover the needs of the international
community.
○ Main functions —
■ Regulating the use of ( armed ) force
■ Guaranteeing coexistence
■ Allowing cooperation
➢ It is a decentralised system as there is no central authority to create or enforce it. States are, at
the same time, its creators and its subjects.
THE DEBATE ON IL’S NATURE
➢ The question around the legal nature of the IL has been largely studied from two different
points of view
○ A philosophical / theoretical one, and
○ A more practical one.
THEORETICAL VIEW
Concepts Names Work Legislation Moreover Body
, ➢ On a theoretical level, the question has been around since the 19th century, thanks to Austin
○ As the community of states lacks a sovereign, there is no possible law regulating their
interactions.
➢ Later, in the 1970s, H.L.A. Hart stated that International Law is a primitive system, as it only
has primary laws.
➢ Several philosophers of law have challenged the statements of these two authors. Today, this
debate has mostly been overcome.
➢ It has been recognised that the decentralised nature of the international community demands a
decentralised system.
➢ Hart has been rebutted, as the IL does have secondary rules.
○ Art. 38 of the ICJ Statute is considered a rule of recognition
○ Multiple treaty and custom provisions include rules of change
■ 1969 Vienna Convention on the Law of the Treaties
○ Many treaties include rules of adjudication, providing compulsory jurisdiction for
international tribunals
■ European Convention on Human Rights
■ European Court of Human Rights
➢ There is a broad consensus on the fact that IL can be neither studied nor understood by using
the same theories and analytical methods as domestic law.
○ Some relevant contemporary authors on the theory of IL are Martti Koskenniemi,
Samantha Besson, Andrew Lang and Antonie Anghie.
PRACTICAL VIEW
➢ The debate is grounded in the common misperception that the rules of IL are constantly
breached without legal consequences
○ I.e. the Ukranian invasion or the constant news about human rights violations around
the world
➢ This is a mistake due to three factors —
1. International rules are not breached more than domestic rules. It is just that some of
these infringements receive a lot of attention.
2. States are very invested in the compliance of their international obligations, as their
reputation depends on it.
Concepts Names Work Legislation Moreover Body
, a. Frear of reciprocity and retaliation measures also play a role in their interest
in following the rules.
3. Although there is not a centralised enforcement system, IL includes several
compliance mechanisms, from self-defence to international tribunals.
Concepts Names Work Legislation Moreover Body
, II. SOURCES OF INTERNATIONAL LAW
Sources of the Law — by this expression is understood the authority from which the laws derive
their force. In international law, this authority mostly comes from the State’s will (either directly or
indirectly)
Art. 38 of the State of the International Court of Justice (1945) is considered as IL’s main rule of
recognition, laying out the “classical sources”.
III. Today, there is a broad consensus on the existence of additional sources, such as declarations
(States’ unilateral acts), soft law, and secondary law (provisions enacted by the IOs, some of
which are binding for their members and others not)
A. UN General Assembly — Non-binding
B. Some EU resolutions — Regulations, directives, and decisions are binding
PRIMARY SOURCES OF LAW
TREATIES (also known as conventions, protocols, agreements, covenants, etc.)
● An agreement (usually written) between:
○ Two or more States (i.e. European Convention on Human Rights)
○ A State or a group of them and an IO (i.e. Trade agreement between Colombia ad the
EU 2012)
○ Two or more IOs (not many examples)
● Governed by International Law
● Crafted with the intention of creating legal obligations
Classification of Bilateral ( EU-Canada Comprehensive Economic and Trade Agreement
treaties: (CETA) )
Regional (Inter-American Convention on HR )
Number of parties
Multilateral ( UN Convention on the Law of Seas )
Depending on its content:
LAW-MAKING TREATIES lay down binding TREATY CONTRACTS do not pretend to
principles and rules for the regulation of an create general rules but to create rights and
array of matters. obligations between the parties on specific
matters.
Concepts Names Work Legislation Moreover Body
