UNIT I

THE DEFINITION OF INTERNATIONAL LAW. FUNCTIONS OF INTERNATIONAL LAW

I. Lead-in. Brainstorming section:

1. Try to define the term “International Law”;

2. Do you know any classifications of International Law?

3. What is the best way of interaction between different spheres of Law?

4. Can you name the functions of International Law?

5. Why do states actually obey International Law?

2. Reading:

1. Read the text, paying attention to the translation of italicized words and word combinations. Answer the check-up questions: preview

International law is a combination of rules and customs governing the relations between states in different fields, such as the law of the sea, space law, trade law, territorial boundaries of states, and diplomatic relations.

Public international law concerns itself only with questions of rights between several nations or nations and the citizens or subjects of other nations. In contrast, Private international law deals with controversies between private persons, natural or juridical, arising out of situations having significant relationship to more than one nation.

In recent years the line between public and private international law have became increasingly uncertain.

Part I the definition and the scope of international law

While it is true that international law deals with international disputes, like any other system of law the role of international law is to regulate relations and

thus help to contain and avoid disputes in the first place. The substantial part of international law, therefore, does not concern dispute resolution but dispute avoidance, it focuses on the day-to-day regulation of international relations.

Sam Blay “The Nature of International Law”

What is international law?

International law is the universal system of rules and principles concerning the relations between sovereign States, and relations between States and international organizations such as the United Nations.

HOT TIP

In international law, a “state” is a recognized and independent country

or nation.

Although international law is mostly made between States or in relation to States, its effects are broader and can also affect other entities. Sometimes these are called ‘non-State actors’ and include individuals, corporations, armed militant groups, groups that wish to secede or break away from a State, and other collective groups of people, such as minorities (ethnic, religious, linguistic) and Indigenous peoples.

The modern system of international law developed in Europe from the 17th century onwards and is now accepted by all countries around the world.

The rules and principles of international law are increasingly important to the functioning of our interdependent world and include areas such as:

• telecommunications, postal services and transportation (such as carriage of goods and passengers);

• international economic law (including trade, intellectual property and foreign investment);

• international crimes and extradition;

• human rights and refugee protection;

• the use of armed force by States and non-State actors;

• counter-terrorism regulation;

• nuclear technology;

• protection of the environment; and

• use of the sea, outer space and Antarctica.

An important aspect of international law is resolving international disputes, but it is only one part. Like any legal system, international law is designed to regulate and shape behavior, to prevent violations, and to provide remedies for violations when they occur.

DIFFERENCE BETWEEN INTERNATIONAL LAW AND DOMESTIC LAW

International law is concerned with the rights and duties of States in their relations with each other and with international organizations.

Domestic (municipal or national) law, the law within a State, is concerned with the rights and duties of legal persons within the State.

International law differs from domestic law in two central respects:

1. The law-making process:

There is no supreme law-making body in international law. Treaties are negotiated between States on an ad hoc basis and only bind States which are parties to a treaty. The General Assembly of the United Nations is not a law­making body, and so its resolutions are not legally binding. However, UN Security Council resolutions to take action with respect to threats to peace, breaches of the peace, and acts of aggression, are binding on the 192 member States: see UN Charter, Chapter 7.

HOT TIP

Ad hoc means ‘for a particular purpose’ or ‘as needed’.