Lectures International Law ’25-26
Lecture 1 – Introduction to international law
“International Law defines the legal responsibilities of States in their
conduct with each other, and their treatment of individuals within State
boundaries.
Its domain encompasses a wide range of issues of international
concern such as human rights, disarmament, international crime,
refugees, migration, problems of nationality, the treatment of prisoners,
the use of force, and the conduct of war.
It also regulates the global commons, such as the environment,
sustainable development, international waters, outer space, global
communications, world trade.”
Sources of international law- Article 38 of the Statute of the
International Court of Justice:
“The Court […] shall apply:
a. international conventions (treaties) […], establishing rules
expressly recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as
law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the
teachings of the most highly qualified publicists of the various
nations, as subsidiary means for the determination of rules of law.”
Treaties - as sources of international law
Based on the 1969 Vienna Convention, a TREATY is:
• A binding instrument, meaning, it creates
• Impose obligations and create legal rights for individuals legal
rights & duties
• Concluded by sovereign states and/or international
organizations who have treaty-making power
• Governed by international law
• Concluded in a written form; written document
,May take different forms, i.e., called “conventions”, “covenants”,
“agreements”, etc.
• Treaties are binding only on States & international
organizations that become parties to them
• States decide whether they become party to a treaty. If so, they
undertake the legal rights & obligations contained in it
• Treaties can create international organizations
• More than 500 multilateral treaties are deposited with the UN
Secretary-General.
Treaties as sources of international law
- human rights treaty article
o ARTICLE 3: Prohibition of torture
o No one shall be subjected to torture or to inhuman or
degrading treatment or punishment.
- International covenant on economic and social and cultural rights
o ARTICLE 9
o The States Parties to the present Covenant recognize the right
of everyone to social security, including social insurance.
Judicial decisions & their role in the interpretation of treaties
• Various international courts & tribunals
• Formed by treaties between states or under the authority of
international organizations (e.g., the UN)
• No doctrine of binding precedent in international law - but most
international courts & tribunals refer to past cases
• During the IHL course, we will mostly focus on the jurisprudence of
human rights courts & treaty bodies – for example, the
European Court of Human Rights (ECtHR)
Researching international law
• Text of the treaty
• Information on ratification & entry into force
• Reservations
• Explanatory memorandum
,• Implementation in domestic legislation
• Rulings of international & national courts
• Relevant commentary by scholars (journal articles, case notes,
etc.)
, Human rights
• Rights inherent to all human beings
• Derived from the inherent dignity of the human person
• There is a comprehensive body of international human rights law
stipulating the related obligations of States. It serves as:
A beacon - pulling states towards accepting human rights
A safety net - to supplement the national legal system
A basis - to ‘name & shame’ & prompt States into action
Protection of human rights since 1948
• In 1948, the UN General Assembly adopted the Universal
Declaration of Human Rights (UDHR)
• In 1966, the UN General Assembly adopted the International
Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural
Rights (ICESCR) – discussed during week 4
Together, they are the International Bill of Human Rights
Health rights – examples for other UN treaties with health-related
rights
• International Convention on the Elimination of All Forms of
Racial Discrimination, ICERD (1965), Article 5
• Convention on the Elimination of All Forms of Discrimination
against Women, CEDAW (1979), Article 12
• Convention on the Rights of the Child, CRC (1989), Article 24
• International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families, ICMW (1990),
Articles 28, 43, 45
• Convention on the Rights of Persons with Disabilities, CRPD
(2006), Article 25
Human rights - examples for soft law (meaning, not legally
binding) instruments related to health
• Cairo Programme of Action (ICPD 1994)
• Principles for the Protection of Persons with Mental Illness and the
Improvement of Mental Health Care
• WHO Global Reproductive Health Strategy (2004)
• WHO European Regional Strategy on Sexual & Reproductive Health
(2011)
Lecture 1 – Introduction to international law
“International Law defines the legal responsibilities of States in their
conduct with each other, and their treatment of individuals within State
boundaries.
Its domain encompasses a wide range of issues of international
concern such as human rights, disarmament, international crime,
refugees, migration, problems of nationality, the treatment of prisoners,
the use of force, and the conduct of war.
It also regulates the global commons, such as the environment,
sustainable development, international waters, outer space, global
communications, world trade.”
Sources of international law- Article 38 of the Statute of the
International Court of Justice:
“The Court […] shall apply:
a. international conventions (treaties) […], establishing rules
expressly recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as
law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the
teachings of the most highly qualified publicists of the various
nations, as subsidiary means for the determination of rules of law.”
Treaties - as sources of international law
Based on the 1969 Vienna Convention, a TREATY is:
• A binding instrument, meaning, it creates
• Impose obligations and create legal rights for individuals legal
rights & duties
• Concluded by sovereign states and/or international
organizations who have treaty-making power
• Governed by international law
• Concluded in a written form; written document
,May take different forms, i.e., called “conventions”, “covenants”,
“agreements”, etc.
• Treaties are binding only on States & international
organizations that become parties to them
• States decide whether they become party to a treaty. If so, they
undertake the legal rights & obligations contained in it
• Treaties can create international organizations
• More than 500 multilateral treaties are deposited with the UN
Secretary-General.
Treaties as sources of international law
- human rights treaty article
o ARTICLE 3: Prohibition of torture
o No one shall be subjected to torture or to inhuman or
degrading treatment or punishment.
- International covenant on economic and social and cultural rights
o ARTICLE 9
o The States Parties to the present Covenant recognize the right
of everyone to social security, including social insurance.
Judicial decisions & their role in the interpretation of treaties
• Various international courts & tribunals
• Formed by treaties between states or under the authority of
international organizations (e.g., the UN)
• No doctrine of binding precedent in international law - but most
international courts & tribunals refer to past cases
• During the IHL course, we will mostly focus on the jurisprudence of
human rights courts & treaty bodies – for example, the
European Court of Human Rights (ECtHR)
Researching international law
• Text of the treaty
• Information on ratification & entry into force
• Reservations
• Explanatory memorandum
,• Implementation in domestic legislation
• Rulings of international & national courts
• Relevant commentary by scholars (journal articles, case notes,
etc.)
, Human rights
• Rights inherent to all human beings
• Derived from the inherent dignity of the human person
• There is a comprehensive body of international human rights law
stipulating the related obligations of States. It serves as:
A beacon - pulling states towards accepting human rights
A safety net - to supplement the national legal system
A basis - to ‘name & shame’ & prompt States into action
Protection of human rights since 1948
• In 1948, the UN General Assembly adopted the Universal
Declaration of Human Rights (UDHR)
• In 1966, the UN General Assembly adopted the International
Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural
Rights (ICESCR) – discussed during week 4
Together, they are the International Bill of Human Rights
Health rights – examples for other UN treaties with health-related
rights
• International Convention on the Elimination of All Forms of
Racial Discrimination, ICERD (1965), Article 5
• Convention on the Elimination of All Forms of Discrimination
against Women, CEDAW (1979), Article 12
• Convention on the Rights of the Child, CRC (1989), Article 24
• International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families, ICMW (1990),
Articles 28, 43, 45
• Convention on the Rights of Persons with Disabilities, CRPD
(2006), Article 25
Human rights - examples for soft law (meaning, not legally
binding) instruments related to health
• Cairo Programme of Action (ICPD 1994)
• Principles for the Protection of Persons with Mental Illness and the
Improvement of Mental Health Care
• WHO Global Reproductive Health Strategy (2004)
• WHO European Regional Strategy on Sexual & Reproductive Health
(2011)
