1.1 Introduction to International Law
International law is the body of legal rules that governs the conduct of states, international
organizations, and, increasingly, individuals within the global community. Unlike national legal
systems, which are centralized and enforced by a sovereign authority, international law
functions within an anarchic global order—that is, one without a world government.
Despite this lack of centralized authority, international law plays a critical role in maintaining
order and predictability in the international system. Imagine a world without agreed-upon rules:
states could seize territory at will, ignore treaties, exploit shared resources recklessly, and
commit atrocities with impunity. International law exists to prevent such chaos by establishing
norms that guide behavior, regulate disputes, and facilitate cooperation.
Scope of International Law
Traditionally, international law regulated only relations between sovereign states. For instance,
treaties like the Treaty of Utrecht (1713) or the Congress of Vienna (1815) were concerned
solely with the rights and obligations of states in matters such as territorial boundaries,
alliances, or peace settlements.
However, in the modern era, its scope has expanded to include:
1. International Organizations – e.g., the United Nations (UN), World Health Organization (WHO),
and World Trade Organization (WTO). These organizations are both subjects and makers of
international law. For example, the UN Security Council can adopt binding resolutions under the
UN Charter.
2. Individuals – Historically excluded, individuals are now increasingly recognized as subjects of
international law. Human rights law allows individuals to claim rights against states (e.g., the
European Court of Human Rights). International criminal law holds individuals responsible for
,crimes such as genocide, war crimes, and crimes against humanity (e.g., trials before the
International Criminal Court).
3. Corporations and NGOs – Multinational corporations may be bound by or benefit from
international investment agreements, while NGOs often shape the interpretation and
development of international legal norms (e.g., Amnesty International in human rights
advocacy).
Fragmentation of International Law
Unlike domestic law, which is codified in constitutions, statutes, and judicial decisions,
international law is fragmented across numerous treaties, customs, and institutions. There is no
single international legal code. Instead, the system is divided into subfields, each addressing
specific global issues. Examples include:
Human Rights Law – e.g., the Universal Declaration of Human Rights (1948) and the
International Covenant on Civil and Political Rights (ICCPR, 1966).
Environmental Law – e.g., the Paris Agreement (2015) on climate change.
Law of the Sea – e.g., the United Nations Convention on the Law of the Sea (UNCLOS, 1982).
International Trade Law – e.g., WTO agreements that regulate tariffs, subsidies, and trade
disputes.
,This fragmentation creates challenges when norms from different branches conflict. For
example:
A state restricting imports for environmental reasons may face legal disputes under trade law
for violating WTO rules.
Efforts to uphold human rights (like humanitarian intervention) can sometimes clash with the
principle of state sovereignty.
Importance of International Law Today
Even though enforcement mechanisms are weak compared to domestic law, international law
remains vital. Consider:
Without the Chicago Convention on International Civil Aviation (1944), international air travel
would be chaotic.
Without treaties like the Nuclear Non-Proliferation Treaty (NPT, 1968), nuclear arms competition
would be far more dangerous.
Without the World Trade Organization, global trade disputes would erupt into tariff wars more
frequently.
The existence of rules and institutions, even if imperfect, provides stability. States comply
because they recognize that a world without international law would be far riskier.
, ---
Study Questions (Introduction)
1. Why is international law described as operating in an “anarchic” system?
2. In what ways has the scope of international law expanded beyond regulating state-to-state
relations?
3. Provide examples of how fragmentation in international law creates conflicts between
different legal branches.
4. Why do states comply with international law despite weak enforcement mechanisms?
1.2 Historical Development of International Law
The evolution of international law reflects the changing nature of global politics and the search
for order in international relations. Its history demonstrates how societies gradually moved from
informal practices to codified treaties and institutions.
Early Roots: Customs and Natural Law
Before modern codification, states and empires followed unwritten customs to regulate
diplomacy, warfare, and trade. For instance:
International law is the body of legal rules that governs the conduct of states, international
organizations, and, increasingly, individuals within the global community. Unlike national legal
systems, which are centralized and enforced by a sovereign authority, international law
functions within an anarchic global order—that is, one without a world government.
Despite this lack of centralized authority, international law plays a critical role in maintaining
order and predictability in the international system. Imagine a world without agreed-upon rules:
states could seize territory at will, ignore treaties, exploit shared resources recklessly, and
commit atrocities with impunity. International law exists to prevent such chaos by establishing
norms that guide behavior, regulate disputes, and facilitate cooperation.
Scope of International Law
Traditionally, international law regulated only relations between sovereign states. For instance,
treaties like the Treaty of Utrecht (1713) or the Congress of Vienna (1815) were concerned
solely with the rights and obligations of states in matters such as territorial boundaries,
alliances, or peace settlements.
However, in the modern era, its scope has expanded to include:
1. International Organizations – e.g., the United Nations (UN), World Health Organization (WHO),
and World Trade Organization (WTO). These organizations are both subjects and makers of
international law. For example, the UN Security Council can adopt binding resolutions under the
UN Charter.
2. Individuals – Historically excluded, individuals are now increasingly recognized as subjects of
international law. Human rights law allows individuals to claim rights against states (e.g., the
European Court of Human Rights). International criminal law holds individuals responsible for
,crimes such as genocide, war crimes, and crimes against humanity (e.g., trials before the
International Criminal Court).
3. Corporations and NGOs – Multinational corporations may be bound by or benefit from
international investment agreements, while NGOs often shape the interpretation and
development of international legal norms (e.g., Amnesty International in human rights
advocacy).
Fragmentation of International Law
Unlike domestic law, which is codified in constitutions, statutes, and judicial decisions,
international law is fragmented across numerous treaties, customs, and institutions. There is no
single international legal code. Instead, the system is divided into subfields, each addressing
specific global issues. Examples include:
Human Rights Law – e.g., the Universal Declaration of Human Rights (1948) and the
International Covenant on Civil and Political Rights (ICCPR, 1966).
Environmental Law – e.g., the Paris Agreement (2015) on climate change.
Law of the Sea – e.g., the United Nations Convention on the Law of the Sea (UNCLOS, 1982).
International Trade Law – e.g., WTO agreements that regulate tariffs, subsidies, and trade
disputes.
,This fragmentation creates challenges when norms from different branches conflict. For
example:
A state restricting imports for environmental reasons may face legal disputes under trade law
for violating WTO rules.
Efforts to uphold human rights (like humanitarian intervention) can sometimes clash with the
principle of state sovereignty.
Importance of International Law Today
Even though enforcement mechanisms are weak compared to domestic law, international law
remains vital. Consider:
Without the Chicago Convention on International Civil Aviation (1944), international air travel
would be chaotic.
Without treaties like the Nuclear Non-Proliferation Treaty (NPT, 1968), nuclear arms competition
would be far more dangerous.
Without the World Trade Organization, global trade disputes would erupt into tariff wars more
frequently.
The existence of rules and institutions, even if imperfect, provides stability. States comply
because they recognize that a world without international law would be far riskier.
, ---
Study Questions (Introduction)
1. Why is international law described as operating in an “anarchic” system?
2. In what ways has the scope of international law expanded beyond regulating state-to-state
relations?
3. Provide examples of how fragmentation in international law creates conflicts between
different legal branches.
4. Why do states comply with international law despite weak enforcement mechanisms?
1.2 Historical Development of International Law
The evolution of international law reflects the changing nature of global politics and the search
for order in international relations. Its history demonstrates how societies gradually moved from
informal practices to codified treaties and institutions.
Early Roots: Customs and Natural Law
Before modern codification, states and empires followed unwritten customs to regulate
diplomacy, warfare, and trade. For instance:
