INTERNATIONAL LAW
-body of rules and principles of action which are
binding upon civilized states in their relations to one
another (traditional def)
History of International Law
1648: Peace of Westphalia
- Beginning of modern international system.
1. End to the 30s Yrs and the 80s war
2. End of Religious Clash: Protestants vs RC (30
YRS)
3. New Balance in Europe and new concept of
state sovereignty: Fight for power in Europe.
Features:
 European Superiority
 Colonialism
 Domination of Christian Faith
1918: End of World War 1
- Post-1919: US influence increases; Soviet Union is
born.
-1920: League of Nations established.
League of Nations- Intergovernmental organization
with the primary aim of maintaining international peace
and security
Fundamental Change in the Legal Thinking:
1. War shall be prevented.
2. Disputes shall be settled in ways other than
force
3. Shift from classical bilateralism towards
multilateralism.
Features:
1. War began and League of Nations failed
2. US was not a member = credibility was
questioned
3. Soviet Union expelled
1945: End of World War 2
- Formation of United Nations.
United Nations- intergovernmental org; 193
member states; 2 observer status
1990: End of Cold War
-States, intl. orgs, corp, individuals.
-Balance of power has changed.
-Classical bilateralism is replaced with multilateralism
-Trend of regionalization
-Existing institutions and organizations are being
criticized.
-Legal problems appear: terrorism, cyber-security,
environmental issues.
Principles of International Law
1. State Centered- IL regulates the conduct of
states as main actors on international scene.
2. No single authority in IL- authority is horizontal
(no hierarchy) and decentralized; no central
body.
3. IL is based on state consent- there is no single
law-making or enforcing authority, states need
to agree to assume legal obligations.
4. Responsibility is collective- whole state is liable
(as a single entity)
5. Sovereign equality of states- all states have
equal rights and duties and are equal members
of international community irrespective of their
differences.
6. Non-intervention in the internal affairs of
another state- states do not have the right to
intervene, directly or indirectly, for any reason
whatever, in the internal affairs of any other
State.
7. Use of force is prohibited- subject to limited
exceptions: (1) collective action for protection of
international peace and security and; (2)
individual or collective self-defense if armed
attack occurs, (Art. 51)
PIL vs National/Municipal/Domestic L
1. Monist Theory- PIL and Municipal L as one
integrated body of law.
2. Dualist Theory- PIL is distinct from Domestic
L; conflict can exist.
General Rule: Intl. Law always prevails in the Intl.
Forum because it is the only law that applies.
Nature and Scope
full
The topics that are covered by international law today
include:
1. Regulation of space expeditions
2. Regulation of the environment
3. The division of the ocean floor
4. Protection of human rights
5. Management of the international financial
system
Also covers all the interests of contemporary -a state is bound to observe the generally accepted
international and even domestic life. principles of international law. In this sense,
international law should be deemed a part of the
municipal law of each state.

Divisions of International Law

1. Laws of Peace- govern the normal relations of Constitution Constitution vs Treaty

Treaty
the states in absence of war. -every state has the -rejected in local forum
2. Laws of War- When war breaks out between or duty to carry out in good but upheld by
among some of them, the relations of these faith its obligations international tribunals as a
states cease to be regulated under the laws of arising from treaties or demandable obligation of
peace and come under the laws of war for the other sources of the signatories under the
duration of the hostilities international law, and it maxim pacta sunt
3. Laws of Neutrality- relations between a non- may not invoke servanda
participant state and a participant state during provisions in its
wartime. Also refers to relations among non- constitution or its laws
participating states. as an excuse for failure
to perform duty
Distinctions with Municipal Law

Municipal Law International Law

-issued by a political
superior for observance by
those under its authority
>sovereign over those
subjected to his sway
-consist of mainly of
enactments from the
lawmaking authority of
each state
-regulates the relations of
individuals among
themselves or with their
own states
-violations are redressed
through local
administrative and judicial
process
-breaches of municipal law
entail only individual
responsibility
Relations with Municipal Law
-not imposed upon but
simply adopted by states
as a common rule of
action
>a law not above, but
between sovereign states
and is therefore a weaker
law.
School of Thought:
-derived not from any
particular legislation but
from such sources as intl
customs, intl conventions,
and the general principles
of law
-applies to the relations
inter se of states and
other international
persons.
-violations are resolved
through state-to-state
transactions ranging from
peaceful methods like
negotiations
-responsibility for
infractions of intl law is
collective in the sense
that it attaches directly to
the state and not to its
national
Basis of International Law
1. Naturalist (Samuel Pufendorf) - PIL is a branch
of the great law of nature; the sum of those
principles which ought to control human
conduct, being founded on the very nature of a
man as a rational and social being.
-“natural and universal principle of right and
wrong”
- PIL is binding upon States
2. Positivist (Richard Zouche) – binding force of
PIL is derived from the agreement of sovereign
states to be bound by it.
-Not about subordination but coordination
-basis is to be found in the consent and conduct
of States.
-Tacit consent in the case of customary
international law. Such consent is
expressed/implied in conventional law and
presumed in the general law of nations
3. Groatians/Eclectics (Emerich von Vattel)
- accepts the doctrine of law, but maintained
that States were accountable only to their own
conscience for the observance of the duties
imposed by natural law, unless they had agreed
 to be bound to treat those duties as part of
positive law.

Sanctions of International Law

-the compulsive force of reciprocal advantage and fear
of retaliation
1. Belief in the inherent wisdom of the law- international
order in lieu of anarchy and lawlessness, which, during
many periods of history, have characterized the
relations of states
2. Habits of Obedience- persuade individuals and
states, to follow, almost automatically at times, certain
norms of conduct imposed for their observance
3. Respect for world opinion -used for the propaganda
campaigns now being waged by the leading powers in
their effort to win the sympathy and support of other
countries for their respective ideologies
3. Fear of reprisals or punishment- violations of
international law might visit upon the culprit the
retaliation of other states.
4. United Nations- effective deterrent to international
disputes caused by disregard of the law of nations
- DEFINITION OF TERMS
 State of Sovereignty- The ultimate authority of
decision-making over individuals living in a
given territory.
 League of Nations- Intergovernmental
organization with the primary aim of maintaining
international peace and security