Summary PUBLIC INTERNATIONAL LAW (PIL)

Public International Law (Lecture Notes)
Lecture 1

Public International Law consists of rules and principles that regulates the relations between States
and other entities, provided they have international legal personality.

 Between States
 Between States and other entities possessing international legal personality
 Covering a range of activities
E.g. international agreements, diplomatic relations, trade, protection of human
rights, conduct of armed conflict

History

1. 1648 – Peace of Westphalia

 Series of peace treaties marking the end of the religious Thirty Years War
 The birth of the modern State – territorial units as equal sovereigns
2. 17th century – Hugo Grotius

 ‘father of international law’
 Author of international law’s most important texts
 The law of armed conflict and aggression
 Binding force of treaties
 Freedom of seas


Two theories on international law

 Natural law

 Law is not made, but found
 Universal values existing by nature and can be found through human reasoning


 Positive law

 Law is not given, but man-made
 Law is made by sovereigns (States) and can be found in treaties and customary law
Modern era

 Peace of Westphalia marks the beginning of modern international law
 Creation of modern sovereign States
 Use of treaties to regulate interaction between States
 Emergence of international organizations
E.g. Universal Postal Union (1874), International Committee of Red Cross (1863), Permanent Court of
Arbitration (1899)

 Focus on Europe

o Colonization outside Europe

 Outbreak of World War I

o After WW I

,  Establishment of the League of Nations, based in Geneva

 To secure international peace

 Permanent Court of International Justice in The Hague

 However: World War II

After WW II

 The United Nations established with its main objective being protecting and restoring
international peace and security

The United Nations – six main organs (art. 7 UN Charter)

 General Assembly
 Security Council
 Economic and Social Council
 Trusteeship Council
 International Court of Justice
 Secretariat


The United Nations – Security Council (Chapter V UN
Charter)

 15 members

o 5 permanent members with a veto (China,
France, UK, USA, Russia)
o 10 non-permanent members elected for a
two-year period
 The only UN body with the power to adopt binding resolution

o ‘Chapter VII resolution’
o In cases where there is a threat to or breach of international peace and security, or an act of
aggression


The United Nations – International Court of Justice (Chapter XIV UN Charter)

 Consent-based jurisdiction to settle disputes between States

o ONLY States
o Binding decision
 Advisory jurisdiction to advice UN organs on a legal question
o ONLY UN organs
o Binding decision?


Some major issues…

 Cold War

o The world divided into two blocks
o No armed violence, yet a failure of collective security

, o SC paralyzed, unable to adopt a resolution and to act effectively

 Decolonization

o UN Special Committee on Decolonization
o Allowing a process of self-determination of peoples
o Largely completed, still few territories waiting to be decolonized


Lecture 2
Theory of Sources
Where does international law come from?
− Code of international law?
− International parliament?
− International legislation?
International law is made on a decentralized basis by the actions of States which make up the
international community
 Consensual (positivist) theory


Article 38 ICJ Statute




Hierarchy of Sources
 Primary sources – law creating
 Treaties, international custom and general principles of law
 Based on the consent of States
 Subsidiary sources – law identifying
 Judicial decisions and teachings of highly qualified publicists
 Courts cannot make law, they apply the law
 Hierarchy between the primary sources?