17. Introduction to international law

Introduction

1. Before you start, work in small groups and brainstorm all the information you already know about international law. Use the box below to note anything that comes to your mind, then compare your ideas with other students.

2. Before you read, explain these expressions in English:

a treaty

to blur

consequence

jurisdiction

International law is an expression used for a specific legal branch, which governs relationships of independent nations, international organizations and institutions. It includes relationships of these subjects with each other but also their relationships with individuals. The United Nations Organization is currently a key player in the sphere of international law.

We recognize two main disciplines under the international law:

• Public International Law governs the relationships of states and international subjects. It includes for instance international humanitarian law, treaty law or the law of the sea, EU legislation, etc.

• Private international law, or conflicts of law, deals with controversies between private persons arising out of situation which have significant relationship to more than one nation. ¹

Recently, however, the boundaries between the public and private international law have blurred as there are more and more cases of private international law that imply consequences of international character and there are cases of public international law that refer to individuals, especially in the context of the International Criminal Court’s jurisdiction.

3. Explain the difference between public and private international law and give example of each:

Sources of International Law

The first point of reference to sources of international law is the Article 38 of the Statute of the International Court of Justice (ICJ).² The Statute of the ICJ is annexed to the Charter of the United Nations, and it is its integral part.

4. Before you read on, explain these expressions:

to recognize

custom

to abide by sth.

judicial decisions

5. Read the Article 38 of the ICJ Statute and say what sources of international law it lists. Can you give an example of each?

Article 38 of the icj Statute

1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;

b. international custom, as evidence of a general practice accepted as law;

c. the general principles of law recognized by civilized nations;

d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.³

ex aequo et bono = according to the right and good

Ad 1a. International conventions and treaties

Conventions are agreements created by international organizations. They are only binding to those contracting parties who agree to abide by them, that is who ratify them. Among the most important conventions are the Vienna conventions, and the provisions of the UN Charter.

Treaties

Treaties, on the other hand, are agreements between two or more states or entities with similar rights.The law of treaties is governed by the 1969 Vienna Convention of the Law of Treaties.⁴

Ad 1b. International custom

It is sometimes referred to as International Customary Law. For international custom to become legally binding states must view it as obligatory to follow the custom. They must agree that it binds them at all times, not only when they consider it desirable. International custom is sometimes criticized for being subjective and inconsistent. As a result, when a customary law is developed it is often codified through conventions or treaties to leave less space for misinterpretation.

6. Decide whether these statements are true or false. Tick the box under T if you think the statement is true. If you think it is false, tick the box under F:

T F

a. International custom is written and codified law.
b. International treaties are binding for the whole international community.
c. When states consider a custom obligatory, such custom becomes legally binding for them.
d. The law of treaties is governed by the ICJ Statute.
e. After ratifying the UN Charter, states can choose which of its chapters they are going to observe.

The UN and refugees

7. Read the following text about UNHRC and answer the questions:

a. What is UNHRC?

b. Who are 'refugees', 'asylum seekers' and 'IDPs'?

c. What is the principle of 'non-refoulement'?

d. What is the international refugee law governed by?

The United Nations has a specific role in protecting refugees and internally displaced people (IDPs). Refugees are people who were forced to flee their country because they feared persecution based on their race, religion, nationality or political opinion. For the purpose of helping refugees The United Nations High Commissioner for refugees (UNHCR) was established in 1950. UNHCR not only protects refugees, but it also helps them restart their lives, that is to repatriate them to their homeland if it is possible, or help them integrate in the countries of asylum. Refugees may officially claim for a legal protection. When it is granted their status changes to asylum seekers.⁵

The international refuge law is governed by the 1951 Geneva Convention and the Protocol Relating to the Status of Refugees (1967). Assistance to people who had to leave their country is based on the principle of non-refoulement (Article 33). It means that a refugee may not be expelled or returned to a country where his life or freedom can be threatened. This principle is considered part of customary law.⁶

8. Read the following part of the UN Charter and say in your words what steps the UNSC is allowed to take against an aggressor. (B2-C1)

CHARTER OF THE UN, CHAPTER VII: ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION