Lectures Various Branches of International Law B3
Lecture 1
General introduction
Introduction to the course / housekeeping remarks
• Structure of the course: 10 lectures on (most) Thursdays in the second semester, and 8 tutorials including a 3-
hour simulation
• Precise topics and dates indicated on p. 9 of the course reader
• Make sure you obtain all compulsory study materials!
• Bring the course reader with you to every session!
• Q & A session on 8 June 2017
• Written exam on 15 June 2017 (resit: 17 August 2017)
• Appreciate the ‘unity and diversity’ of the course!
Structure of today’s lecture
• Introduction to the course
• Revisiting some of the main characteristics of public international law
• A critical look at the sources of public international law
• The (tentative) hierarchy of norms
• Overview of the branches of international law
• Issues of fragmentation and diversification
Revisiting some of the main characteristics of public international law
• Public international law focused on issues of ‘public’ concern (to be distinguished from private international
law)
Public international law is about international law rules which deal with issues of public concern. There is a
certain public matter and the governments should be focused on these matters. What are those issues of public
concern? Environmental law what do we want to do with the environment? To protect, to preserve, to
improve the environment. It is an issue of public concern. Human rights need to be well protected as well. Trade
is also an interest of common concern, advancing global trade is sth international law cares about. Peace and
security is another example.
Private international law: tries to sort matters out in the different private systems around the world. We are not
going to discuss this.
• A field of law with a decentralised, ‘horizontal’ character, lacking a central authority
Horizontal character there is no central authority controlling all the different actors. Actors have certain room
to move. It also means we have no central legislator.
We of course have a security council, the Court of Justice, the UN General Assembly etc, but at the same time
these lack the power which is needed to really control the other actors. We have made an attempt but we stuck
with this horizontal lay out, that is the way it is.
• Key actors, enjoying full legal personality: states
States are the actors which enjoy full legal personality. States have this particular position. They have the most
complete package of rights. states are also subjected to the full range of international obligations.
• Secondary role for international organisations
Close to states are international organisations. The number of international organisations is huge. Legally
speaking, they are still secondary to states. they do have rights and obligations but they are still behind states.
• More in the periphery: de facto regimes, national liberation movements, multinational companies, non-
governmental organisations, individuals
These actors are also out there but their position is even weaker than that of states and io’s. From one of these
groups we do see a very clear rise since 1945 in the past, individuals were invisible in international law. this has
changed. Basically the position of individuals has strengthen with regard to their rights and obligations:
international criminal law and international human rights law. They are on the move. They are in the periphery,
but have more rights/obligations.
Is international law really law? Classic discussion. What has been the impact of international law through the ages, if any?
What is the weight of international law?
The weight and impact of international law – if any?
Stephen Neff (Evans, p. 24): “If there is one lesson that the history of international law teaches, it is that the world at large
(...) has done far more to mould international law than vice versa.”
But compare Martti Koskenniemi: international law as the ‘gentle civilizer of nations’
1
Lecture 1
General introduction
Introduction to the course / housekeeping remarks
• Structure of the course: 10 lectures on (most) Thursdays in the second semester, and 8 tutorials including a 3-
hour simulation
• Precise topics and dates indicated on p. 9 of the course reader
• Make sure you obtain all compulsory study materials!
• Bring the course reader with you to every session!
• Q & A session on 8 June 2017
• Written exam on 15 June 2017 (resit: 17 August 2017)
• Appreciate the ‘unity and diversity’ of the course!
Structure of today’s lecture
• Introduction to the course
• Revisiting some of the main characteristics of public international law
• A critical look at the sources of public international law
• The (tentative) hierarchy of norms
• Overview of the branches of international law
• Issues of fragmentation and diversification
Revisiting some of the main characteristics of public international law
• Public international law focused on issues of ‘public’ concern (to be distinguished from private international
law)
Public international law is about international law rules which deal with issues of public concern. There is a
certain public matter and the governments should be focused on these matters. What are those issues of public
concern? Environmental law what do we want to do with the environment? To protect, to preserve, to
improve the environment. It is an issue of public concern. Human rights need to be well protected as well. Trade
is also an interest of common concern, advancing global trade is sth international law cares about. Peace and
security is another example.
Private international law: tries to sort matters out in the different private systems around the world. We are not
going to discuss this.
• A field of law with a decentralised, ‘horizontal’ character, lacking a central authority
Horizontal character there is no central authority controlling all the different actors. Actors have certain room
to move. It also means we have no central legislator.
We of course have a security council, the Court of Justice, the UN General Assembly etc, but at the same time
these lack the power which is needed to really control the other actors. We have made an attempt but we stuck
with this horizontal lay out, that is the way it is.
• Key actors, enjoying full legal personality: states
States are the actors which enjoy full legal personality. States have this particular position. They have the most
complete package of rights. states are also subjected to the full range of international obligations.
• Secondary role for international organisations
Close to states are international organisations. The number of international organisations is huge. Legally
speaking, they are still secondary to states. they do have rights and obligations but they are still behind states.
• More in the periphery: de facto regimes, national liberation movements, multinational companies, non-
governmental organisations, individuals
These actors are also out there but their position is even weaker than that of states and io’s. From one of these
groups we do see a very clear rise since 1945 in the past, individuals were invisible in international law. this has
changed. Basically the position of individuals has strengthen with regard to their rights and obligations:
international criminal law and international human rights law. They are on the move. They are in the periphery,
but have more rights/obligations.
Is international law really law? Classic discussion. What has been the impact of international law through the ages, if any?
What is the weight of international law?
The weight and impact of international law – if any?
Stephen Neff (Evans, p. 24): “If there is one lesson that the history of international law teaches, it is that the world at large
(...) has done far more to mould international law than vice versa.”
But compare Martti Koskenniemi: international law as the ‘gentle civilizer of nations’
1
