the nature of international law - new
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INTL401 INTERNATIONAL LAW
THE NATURE OF INTERNATIONAL LAW
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THE NATURE OF INTERNATIONAL LAW
Definition
International law is the collection ofrules and norms that states and otheractors feel an obligation to obey intheir mutual relations and commonlydo obey
Conwey W. Henderson, UnderstandingInternational Law, 2010.
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THE NATURE OF INTERNATIONAL LAW
Definition
In the past, international law was commonly
described as the law that regulates the
relations between states, amongst each otheror the system of legal norms regulating
mutual relations between states, or the set
of rules recognized by states and concerning
their external relations, or the set of rules
binding within the international community.
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THE NATURE OF INTERNATIONAL LAW
An interesting definition of international law wasformulated in the 1970s by a Russian internationallawyer Prof. G. I.Tunkin:contemporary international law is the aggregate of
norms which are created by agreement between states ofdifferent social systems, reflect the concordant wills ofstates and have a generally democratic character,regulate relations between them in the process ofstruggle and cooperation in the direction of ensuring
peace and peaceful coexistence and freedom andindependence of peoples, and are secured whennecessary by coercion effectuated by states individuallyor collectively.
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THE NATURE OF INTERNATIONAL LAW
Some examples of more recentdefinitions of international law include:o The system of law regulating the
interrelationship of sovereign states andtheir rights and duties with regard to oneanother. In addition, certain internationalorganizations (such as the United Nations),companies, and sometimes individuals (e.g.in the sphere of human rights) may haverights or duties under internationallaw.(Oxford Dictionary of Law, 1997, p.240)
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THE NATURE OF INTERNATIONAL LAW
Today, international law refers to thoserules and norms which regulate the conductof states and other entities which at any
time are recognized as being endowed withinternational personality, for exampleinternational organizations and individuals,in their relations with each other (Rebecca
M.M. Wallace, International Law(Sweetand Maxwell, 1995, p. 1).
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THE NATURE OF INTERNATIONAL LAW
International law is the body of rules which arelegally binding on states in their intercourse withother states. These rules are primarily those whichgovern the relations of states, but states are not the
only subjects of international law. Internationalorganizations and, to some extent, also individualsmay be subjects of rights conferred and dutiesimposed by international law (OppenheimsInternational Law, ninth edition, Volume I Peace,edited by Sir Robert Jennings and Sir Arthur Watts
(London: Longman, 1996), p. 4.
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THE NATURE OF INTERNATIONAL LAW
The Roles of International Law:
To arrange for the cooperation mostactors wish to have most of the time;
To identify the membership of aninternational society of sovereignstates;
To regulate the competing interestsof the various actors and to carrytheit agreements into the future;
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THE NATURE OF INTERNATIONAL LAW
To empower weaker states as theypress for change against the will ofthe powerful;
To promote justice;
To outlaw war.
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THE NATURE OF INTERNATIONAL LAW
Is international law a real law?
o International law is practiced on a dailybasis in the Foreign Offices, national
courts and other governmental organsof states;The evidence is that reference tointernational law has been a normal part ofthe process of decision-making I. Brownlie
o States do not claim that they are abovethe law or that international law doesnot bind them;
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THE NATURE OF INTERNATIONAL LAW
o The overwhelming majority ofinternational legal rules areconsistently obeyed;
It is probably the case that almostall nations observe almost allprinciples of international law and
almost all of their obligations almostall of the time (L. Henkin, HowNations Behave, p. 47).
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THE NATURE OF INTERNATIONAL LAW
Basic characteristics of internationallaw:
International law has only a limited
number of developed legal institutions;
In comparison with national law,
international law is decentralised:
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THE NATURE OF INTERNATIONAL LAW
Basic characteristics of international law
Decentralised international law-making;
Decentralised international lawenforcement;
Decentralised, voluntary international
law adjudication.
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THE NATURE OF INTERNATIONAL LAW
Why is international law binding on
States and other actors?
The command theory; The consensual theory/consensus;
Natural law.