What comes to your mind upon the mention of international laws? Do you know cases where international laws apply? What elements of international laws do you know about? Stick with me to learn more about this topic.
LEARNING OBJECTIVES
By the end of this topic, you are expected to;
International law, which can also be referred to as the law of nations or public international law, refers to a set of laws, norms as well as standards that are generally accepted in inter-nation relations. It is responsible for the establishment of normative guidelines and a common framework to guide states across a wide range of domains which include trade, human rights, diplomacy, and war. Therefore, international law provides a means for the states to practice more consistent, stable and organized international relations.
The main sources of international law include treaties, international custom (general state practice that is accepted as law), and general principles of law that are recognized by a big number of national legal systems. International law can also be reflected in international comity, the customs, and practices that are adopted by states in order to maintain mutual recognition and good relations like enforcing a foreign judgment or saluting a foreign flag.
There exists a big difference between state-based legal systems and international law. The international law is primarily but not exclusively applicable to countries, and not to persons, and its operations are largely based on consent because there is no authority that is universally accepted to enforce it on sovereign states. It is possible for states to choose not to abide by international law, and they can even break a treaty. However, violations like this, especially of peremptory norms and customary international law, can be met with coercive action that ranges from economic and diplomatic pressure to military intervention.
The relationship, as well as the interaction between a (municipal law) national legal system and international law, is variable and complex. It is possible for national law to become international law when treaties allow national jurisdiction to supranational tribunals like the International Criminal Court and the European Court of Human Rights. National laws may also be required to conform to treaty provisions such as those of the Geneva Conventions.
One of the earliest formulations of international law was the first Geneva Convention in 1864.
INTERNATIONAL RELATIONS
SOURCES OF INTERNATIONAL LAW
The sources of international law that are applied by the community of nations are written under Article 38 of the Statute of the International Court of Justice.
In addition, the teachings of prominent international law scholars and judicial decisions can also be applied as subsidiary means for purposes of determination of rules of law.
