AN INTRODUCTION IN THE INTERNATIONAL LAW

An Introduction in the International law

An Introduction in the International law

Introduction

International law is the body of legal rules, regulations, standards, and principles that govern international relations between or among states and other international actors. It deals with important concepts such as sovereignty (supreme authority over a territory); agreements and disputes between international actors; the use of force and self-defense; the regulation of the high seas, air, and space; international trade; and human rights. The United Nations (UN) and other international organizations have created a network of instruments addressing most aspects of international relations. International law influences large parts of everyday life—it makes it possible for us to send a letter to someone on the other side of the world, to travel internationally by just using our passports, and to know what time it is anywhere on the planet.

Discussion

International law is also known as public international law, which is distinct from private international law. Private international law deals with cases within the domestic legal systems of states, in which foreign elements are involved. Private international law addresses private matters, such as business disputes and family law, across international borders. Courts have to determine what jurisdiction and which laws apply to a certain case and how to enforce foreign judgments. By contrast, public international law, which is the focus of this chapter, is a separate legal system with its own rules and processes. Public international law is in many respects comparable to domestic law, but it has just as many differences. Most importantly, international law is horizontal and decentralized. International law is horizontal because the main actors—namely, states—are considered equal in rights and duties and not subordinate to a higher authority (with some exceptions, e.g., the European Union [EU] member states). The system is decentralized because there is not one single executive, legislative, and judicial structure responsible for the creation, interpretation, and enforcement of international law but rather, as is shown in the following sections, different bodies and different processes (Birnie, 2009, 16).

History

Modern international law has its roots in the Peace Treaty of Westphalia (1648). The Peace of Westphalia brought an end to European religious wars (it concluded the Thirty Years' War) and coincided with the rise of nation-states. The rulers decided that each entity should be sovereign, which meant that each sovereign (or in democracies today, the people) enjoyed supreme authority over his or her territory. This became the key concept of the international system: States are independent and autonomous and, because of sovereignty, equal in their ability to enter international relations (Bederman, 2006, 12).

Subjects of International Law

Subjects of international law are the actors of international relations that bear international legal rights and responsibilities. By contrast, objects of international law are the entities, processes, and instruments acted on (the topics of international law administration). Traditionally, states were the only recognized subjects of international law, but over time, other actors such as international organizations, individuals, and other non-state actors have gained international legal ...