Week 9 – International Law
Key features of international law
- State is the primary actor
- Decentralized legal order
o Means no single international body can claim a monopoly of legitimate
violence, like an overarching state can
- Collective responsibility
o The conduct of any State organ is considered the conduct of the entire State
under international law
- Sovereignty
o States “consent to be bound” by the treaty, through eg: signature,
ratification, acceptance, approval
o The case of the S.S “Lotus” (France v Turkey) (1927)
Turks arrested and charged French ship sailor for crash between ships
from both countries
French argued the Turks couldn’t do that under international law
because they had no jurisdiction over the French sailor. Court found
this not to be true and that there is no rule of international law that
criminal proceedings occurring from collisions at sea are exclusively
within the jurisdiction of the state on whose flag the vessel is flown.
Questioned international law on jurisdiction
“The Lotus Principle” – states can do as they wish unless it is made
explicit that is prohibited in international law
o SS Wimbledon case (1923)
British vessel, owned by the French, carrying weapons to Poland was
denied access to the Kiel cannel by the Germans, who were a neutral
party in the war with Russia. France argued that access shouldn’t have
been denied, as per Article 380 of the Treaty of Versailles.
Court agreed. Germany’s Neutrality Order did not supersede
the provision of the Treaty of Versailles.
Put a limit on some state sovereignty and gave more power to
international law -> international peace treaties hold more weight
than individual Neutrality Orders of specific states.
Treaty of Versailles considered to be binding and not open to
interpretation by individual states that signed it.
Sources of international law
- Treaties
o Binding only one those States who wish to become parties to them, which
they are under no obligations to do
pacta sunt servanda principle – requires all States to honor their
treaties -> treaties are sources of obligations under law
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Key features of international law
- State is the primary actor
- Decentralized legal order
o Means no single international body can claim a monopoly of legitimate
violence, like an overarching state can
- Collective responsibility
o The conduct of any State organ is considered the conduct of the entire State
under international law
- Sovereignty
o States “consent to be bound” by the treaty, through eg: signature,
ratification, acceptance, approval
o The case of the S.S “Lotus” (France v Turkey) (1927)
Turks arrested and charged French ship sailor for crash between ships
from both countries
French argued the Turks couldn’t do that under international law
because they had no jurisdiction over the French sailor. Court found
this not to be true and that there is no rule of international law that
criminal proceedings occurring from collisions at sea are exclusively
within the jurisdiction of the state on whose flag the vessel is flown.
Questioned international law on jurisdiction
“The Lotus Principle” – states can do as they wish unless it is made
explicit that is prohibited in international law
o SS Wimbledon case (1923)
British vessel, owned by the French, carrying weapons to Poland was
denied access to the Kiel cannel by the Germans, who were a neutral
party in the war with Russia. France argued that access shouldn’t have
been denied, as per Article 380 of the Treaty of Versailles.
Court agreed. Germany’s Neutrality Order did not supersede
the provision of the Treaty of Versailles.
Put a limit on some state sovereignty and gave more power to
international law -> international peace treaties hold more weight
than individual Neutrality Orders of specific states.
Treaty of Versailles considered to be binding and not open to
interpretation by individual states that signed it.
Sources of international law
- Treaties
o Binding only one those States who wish to become parties to them, which
they are under no obligations to do
pacta sunt servanda principle – requires all States to honor their
treaties -> treaties are sources of obligations under law
1
