International Law
● Author: Malcolm N. Shaw
● Latest Edition: 9th Edition (2021)
● Publisher: Cambridge University Press
● ISBN: 9781108733052
Summary:
Shaw's authoritative text provides a comprehensive overview of international law principles.
It covers the sources of international law, state sovereignty, jurisdiction, the law of treaties,
and the role of international organizations. The 9th edition expands on topics such as cyber
operations, space law, and international economic law, reflecting recent developments and
challenges in the global legal landscape
Chapter 1: The Nature and Development of
International Law
🔹 Overview
This chapter explores the definition, evolution, and characteristics of international law. It
introduces how international law differs from national law, and traces its historical roots and
development into a complex legal system governing state relations and global issues.
🔹 Definition and Scope
● International law is the set of rules that govern relations between sovereign states
and other international actors.
● It includes treaties, customary international law, general principles, and judicial
decisions.
● Covers areas such as territory, diplomacy, human rights, war, the environment,
and international trade.
🔹 Historical Development
1. Early Origins
, ● Rooted in customs and practices among ancient states (e.g., treaties in
Mesopotamia and Greek city-states).
● Influenced by Roman law and religious doctrines (e.g., Islamic and Christian legal
traditions).
2. Classical Period (17th–19th centuries)
● Shaped by Westphalian sovereignty (1648): States as primary legal entities with
sovereign equality.
● Thinkers like Grotius formalized legal norms about war and peace (jus ad bellum
and jus in bello).
3. Modern Era (20th century onwards)
● Creation of international organizations (e.g., League of Nations, United Nations).
● Proliferation of multilateral treaties.
● Emergence of human rights, international criminal law, and global governance.
🔹 Characteristics of International Law
● Decentralized: Lacks a central legislative or enforcement body.
● Consent-based: States are bound by rules they agree to (e.g., treaty ratification).
● Horizontal system: States are legally equal but differ in power and influence.
● Dynamic and evolving: Adapts to new global realities (e.g., cyber warfare, climate
change).
🔹 Subjects of International Law
● Primarily sovereign states.
● Also includes international organizations (e.g., UN), non-state actors (e.g.,
NGOs, MNCs), and individuals(e.g., in human rights and international criminal law).
🔹 International Law vs. Municipal Law
International Law Municipal (Domestic) Law
Decentralized and based on consent Enacted by a central authority
Applies between states Applies to individuals/entities within a state
Enforced via diplomatic pressure, Enforced by police, judiciary, and national
sanctions, or international courts courts
,Some states are monist (international law directly applies), others dualist (requires
domestic transformation).
🔹 Critiques and Challenges
● Enforcement: Lacks a global police force; depends on state compliance and
institutions like the ICJ.
● Power imbalance: Stronger states may evade accountability or influence
law-making.
● Fragmentation: Specialized fields (e.g., trade, human rights, environment) may
conflict.
● Legitimacy: Questions about whose interests are represented in the formation of
norms.
🔹 The Role of International Courts and Organizations
● Courts like the International Court of Justice (ICJ) and International Criminal
Court (ICC) enhance rule-based dispute resolution.
● Organizations like the United Nations provide a forum for law development and
conflict prevention.
🔹 Importance of International Law Today
● Regulates global challenges: pandemics, climate change, migration, cyber threats.
● Facilitates cooperation, stability, and peaceful dispute resolution.
● Protects individuals (e.g., through human rights treaties).
📝 Key Terms
● Customary International Law – Unwritten rules derived from consistent state
practice and opinio juris.
● Treaties – Formal, written agreements between states.
● Sovereignty – The authority of a state to govern itself.
● Monism/Dualism – Theories on how international law relates to domestic law.
● Jus Cogens – Peremptory norms from which no derogation is permitted (e.g.,
prohibition of genocide).
Chapter 2: The Sources of International Law
, 🔹 Overview
This chapter analyzes the foundations of international legal obligations—the sources
through which rules of international law are created, recognized, and validated. These
sources are outlined in Article 38(1) of the Statute of the International Court of Justice (ICJ),
and they form the core structure of the international legal system.
🔹 Article 38(1) of the ICJ Statute
Article 38(1) lists four primary sources of international law:
1. International conventions (treaties)
2. International custom
3. General principles of law
4. Judicial decisions and teachings (subsidiary means)
🔹 1. International Conventions (Treaties)
Definition:
● Treaties are formal agreements between states or international organizations,
governed by international law.
Types:
● Bilateral – between two states
● Multilateral – involving many states (e.g., UN Charter)
Binding Nature:
● Under the principle of pacta sunt servanda, treaties must be obeyed in good faith.
Key Instruments:
● Vienna Convention on the Law of Treaties (1969): Defines how treaties are
formed, interpreted, and terminated.
Issues:
● Treaty withdrawal and termination
● Interpretation challenges
● Reservations and their validity
● Author: Malcolm N. Shaw
● Latest Edition: 9th Edition (2021)
● Publisher: Cambridge University Press
● ISBN: 9781108733052
Summary:
Shaw's authoritative text provides a comprehensive overview of international law principles.
It covers the sources of international law, state sovereignty, jurisdiction, the law of treaties,
and the role of international organizations. The 9th edition expands on topics such as cyber
operations, space law, and international economic law, reflecting recent developments and
challenges in the global legal landscape
Chapter 1: The Nature and Development of
International Law
🔹 Overview
This chapter explores the definition, evolution, and characteristics of international law. It
introduces how international law differs from national law, and traces its historical roots and
development into a complex legal system governing state relations and global issues.
🔹 Definition and Scope
● International law is the set of rules that govern relations between sovereign states
and other international actors.
● It includes treaties, customary international law, general principles, and judicial
decisions.
● Covers areas such as territory, diplomacy, human rights, war, the environment,
and international trade.
🔹 Historical Development
1. Early Origins
, ● Rooted in customs and practices among ancient states (e.g., treaties in
Mesopotamia and Greek city-states).
● Influenced by Roman law and religious doctrines (e.g., Islamic and Christian legal
traditions).
2. Classical Period (17th–19th centuries)
● Shaped by Westphalian sovereignty (1648): States as primary legal entities with
sovereign equality.
● Thinkers like Grotius formalized legal norms about war and peace (jus ad bellum
and jus in bello).
3. Modern Era (20th century onwards)
● Creation of international organizations (e.g., League of Nations, United Nations).
● Proliferation of multilateral treaties.
● Emergence of human rights, international criminal law, and global governance.
🔹 Characteristics of International Law
● Decentralized: Lacks a central legislative or enforcement body.
● Consent-based: States are bound by rules they agree to (e.g., treaty ratification).
● Horizontal system: States are legally equal but differ in power and influence.
● Dynamic and evolving: Adapts to new global realities (e.g., cyber warfare, climate
change).
🔹 Subjects of International Law
● Primarily sovereign states.
● Also includes international organizations (e.g., UN), non-state actors (e.g.,
NGOs, MNCs), and individuals(e.g., in human rights and international criminal law).
🔹 International Law vs. Municipal Law
International Law Municipal (Domestic) Law
Decentralized and based on consent Enacted by a central authority
Applies between states Applies to individuals/entities within a state
Enforced via diplomatic pressure, Enforced by police, judiciary, and national
sanctions, or international courts courts
,Some states are monist (international law directly applies), others dualist (requires
domestic transformation).
🔹 Critiques and Challenges
● Enforcement: Lacks a global police force; depends on state compliance and
institutions like the ICJ.
● Power imbalance: Stronger states may evade accountability or influence
law-making.
● Fragmentation: Specialized fields (e.g., trade, human rights, environment) may
conflict.
● Legitimacy: Questions about whose interests are represented in the formation of
norms.
🔹 The Role of International Courts and Organizations
● Courts like the International Court of Justice (ICJ) and International Criminal
Court (ICC) enhance rule-based dispute resolution.
● Organizations like the United Nations provide a forum for law development and
conflict prevention.
🔹 Importance of International Law Today
● Regulates global challenges: pandemics, climate change, migration, cyber threats.
● Facilitates cooperation, stability, and peaceful dispute resolution.
● Protects individuals (e.g., through human rights treaties).
📝 Key Terms
● Customary International Law – Unwritten rules derived from consistent state
practice and opinio juris.
● Treaties – Formal, written agreements between states.
● Sovereignty – The authority of a state to govern itself.
● Monism/Dualism – Theories on how international law relates to domestic law.
● Jus Cogens – Peremptory norms from which no derogation is permitted (e.g.,
prohibition of genocide).
Chapter 2: The Sources of International Law
, 🔹 Overview
This chapter analyzes the foundations of international legal obligations—the sources
through which rules of international law are created, recognized, and validated. These
sources are outlined in Article 38(1) of the Statute of the International Court of Justice (ICJ),
and they form the core structure of the international legal system.
🔹 Article 38(1) of the ICJ Statute
Article 38(1) lists four primary sources of international law:
1. International conventions (treaties)
2. International custom
3. General principles of law
4. Judicial decisions and teachings (subsidiary means)
🔹 1. International Conventions (Treaties)
Definition:
● Treaties are formal agreements between states or international organizations,
governed by international law.
Types:
● Bilateral – between two states
● Multilateral – involving many states (e.g., UN Charter)
Binding Nature:
● Under the principle of pacta sunt servanda, treaties must be obeyed in good faith.
Key Instruments:
● Vienna Convention on the Law of Treaties (1969): Defines how treaties are
formed, interpreted, and terminated.
Issues:
● Treaty withdrawal and termination
● Interpretation challenges
● Reservations and their validity
