POL 305 International Law - Full Notes
Public International Law
Introduction
International law consists of: rules and principles of general application dealing with the conduct of states and of int. org. and with their relations inter, as well as with the some of their relations with persons, whether natural or juridical.
Int. law performs a number of functions:
-Encourage friendly relations among states;
-Outlawing wars among nations and promoting (encouraging) the peaceful resolution in case of dispute;
-Settlement of disputes among states
-Maintenance of int. peace and security in relations btw states.
Peace and security are problematic notions here for one main reason: What if advancing peace call for the upholding of an unjust regime? This contradicts the commitment of IL to human rights.
Many international law lawyers have noted their problem lately. What you need to know is that international law was not originally concerned with the justice of a situation as it was with security and peace. But this is changing. Based on these functions, you can already notice that International Law is mainly concerned with the community of states. It is predominantly made and implemented by states, and up until today international organization that exist within the international community are dependent upon states and states’ willingness to support international organizations.
Therefore:
-Only states can become members of the UN
-Only states can call on the US Security Council if there is a threat to international peace and security.
-Only states can appear in front of the World Court.
-Only states can present a claim on behalf of a national who has been injured by another state. The person has no individual rights under International Law and is in fact dependent on the political discretion of his/her government as to present his/her case or not.
International Law is often by its failure rather than its successes. For every instance in which International Law is unable to enforce its measures
Introduction
International law consists of: rules and principles of general application dealing with the conduct of states and of int. org. and with their relations inter, as well as with the some of their relations with persons, whether natural or juridical.
Int. law performs a number of functions:
-Encourage friendly relations among states;
-Outlawing wars among nations and promoting (encouraging) the peaceful resolution in case of dispute;
-Settlement of disputes among states
-Maintenance of int. peace and security in relations btw states.
Peace and security are problematic notions here for one main reason: What if advancing peace call for the upholding of an unjust regime? This contradicts the commitment of IL to human rights.
Many international law lawyers have noted their problem lately. What you need to know is that international law was not originally concerned with the justice of a situation as it was with security and peace. But this is changing. Based on these functions, you can already notice that International Law is mainly concerned with the community of states. It is predominantly made and implemented by states, and up until today international organization that exist within the international community are dependent upon states and states’ willingness to support international organizations.
Therefore:
-Only states can become members of the UN
-Only states can call on the US Security Council if there is a threat to international peace and security.
-Only states can appear in front of the World Court.
-Only states can present a claim on behalf of a national who has been injured by another state. The person has no individual rights under International Law and is in fact dependent on the political discretion of his/her government as to present his/her case or not.
International Law is often by its failure rather than its successes. For every instance in which International Law is unable to enforce its measures