Republic of the Philippines

Commission on Higher Education

Region VI – Western Visayas
Bacolod City College
Teacher Education Department

GE 3: The Contemporary World

Module 3: Unit 1 & 2
• Global Politics and Governance: The Role of the United
Nations Organization
• Legal Basis of International Relations

Semillano, John Vincent (Leader)

Claur, Joenyfer
De Nicolas, Sofia Jen
Jemiyo, May Erica
Jereza, Annisa Marie
Salem, Yna Camela
Tibus, Helfer
Bachelor of Secondary Education Major in Filipino 1A

Instructor: Mr. Eduardo Villasor

 DEFINITION OF TERMS
Political Flows: Political flows refer to the movement and exchange of political ideas, information,
power, or resources among various actors within the political system. These flows can include the transfer
of policies, influence, and political decision-making processes.

Interdependence: Interdependence is a concept that denotes the mutual reliance and interconnectedness
of states or actors in international relations. It suggests that the actions and decisions of one actor can
have significant effects on others, highlighting the need for cooperation and coordination in various
global issues.

Sovereignty: Sovereignty is the supreme authority and control that a state or government has over its
territory, people, and decision-making without external interference. It is a fundamental principle of
international law and politics.

Diplomacy: Diplomacy is the practice of managing international relations through negotiations, dialogue,
and communication. It involves diplomats representing their governments to engage in discussions,
resolve conflicts, and promote cooperation.

Amendment: An amendment is a formal change or addition made to a constitution, law, or treaty. It is

typically made to update, clarify, or modify existing provisions to better suit changing circumstances or
priorities.

International System Paradigm: The international system paradigm is a theoretical framework used in
international relations to analyze the structure and behavior of states and other actors in the international
system. It includes concepts like polarity, balance of power, and the distribution of power among states.

League of Nations: The League of Nations was an intergovernmental organization founded in 1920 after
World War I with the aim of promoting international cooperation and peace. It served as a precursor to
the United Nations and aimed to prevent conflicts through diplomacy and collective security.

Global Trade Agreements: Global trade agreements are international treaties or pacts that govern the
terms and conditions of trade between countries. Examples include the World Trade Organization (WTO)
agreements and regional trade agreements like NAFTA (North American Free Trade Agreement).

Intellectual Property Rights: Intellectual property rights refer to legal protections granted to creators
and inventors for their intellectual creations, such as patents, copyrights, trademarks, and trade secrets.
These rights incentivize innovation and protect intellectual assets.

State Ratification: State ratification is the formal approval or acceptance of a treaty or international
agreement by a sovereign state's government. It signifies the state's commitment to abide by the terms of
the treaty.

Law-Making Institution: A law-making institution is an organization or body responsible for creating

and enacting laws. Examples include legislatures, parliaments, and congresses in different countries.
French Parliament: The French Parliament refers to the bicameral legislative body of France, consisting
of the National Assembly (lower house) and the Senate (upper house). It is responsible for making and
passing laws in France.

Law Tradition: Law tradition refers to a specific legal system or approach to law, such as common law
(found in countries like the United States and the United Kingdom) and civil law (found in countries like
France and Germany).
Jurisdiction: Jurisdiction is the authority of a legal system or court to hear and decide cases within a
specific geographical area or over certain types of legal matters.

Direct Applicability: Direct applicability refers to the quality of a treaty or law being automatically
enforceable in a domestic legal system without the need for additional legislation.

Legislation: Legislation refers to the process of making or enacting laws through formal decision-making
procedures, typically carried out by a legislative body.

Monism: Monism is a legal theory that suggests that international law and domestic law are part of a
single legal system, and international law automatically becomes part of a state's legal system upon
ratification.

Consensus: Consensus is a general agreement or harmony among members of a group or community,

often used in the context of international diplomacy and decision-making.

Opinio Juris: Opinio juris is a Latin term that refers to the belief or opinion of states that a particular
practice or rule constitutes a binding norm of customary international law.

Tribunals: Tribunals are specialized judicial bodies or courts established to hear specific types of cases,
such as international criminal tribunals like the International Criminal Court (ICC).

Transnational Actors: Transnational actors are non-state entities, such as multinational corporations,
non-governmental organizations (NGOs), and international organizations, that operate across national
borders and have a significant impact on global affairs.

Multilateral: Multilateral refers to the involvement of multiple parties or states in an agreement,

negotiation, or diplomatic process.

Multilateralism: Multilateralism is an approach to international relations that emphasizes cooperation

and decision-making involving multiple states or actors to address global issues.

Multidisciplinary Perspectives: Multidisciplinary perspectives involve the integration of insights and

approaches from various academic disciplines to analyze and understand complex issues
comprehensively.
 Unit 1: Global Politics and Governance: The Role of the United Nations Organization

Introduction:
It tackles the discussion of various political flows, but the main focus is on the development and
functioning of global political structures. Starting with more traditional structures such as the nation-state,
the discussion moves on to the development of regional and global political structures, processes, and of
course contemporary global governance.

POLITICAL FLOWS
•The global flow of people, especially refugees and illegal immigrants, poses a direct threat to the nation-
state and its ability to control its borders.

•The looming crisis associated with dwindling oil and water supplies threatens to lead to riots and perhaps
insurrections that could lead to the downfall of extant governments.

•The inability of the nation-state to control economic flows dominated by MNCs, as well as the current
economic and financial crisis that is sweeping the world, is also posing a profound threat to the nation-
state (e.g. in Eastern Europe).

•Environmental problems of all sorts, especially those related to global warming, are very likely to be
destabilizing politically.

•Borderless diseases, especially malaria, TB, and AIDs in Africa, pose a danger to political structures.

•War is the most obvious global flow threatening the nation–states involved, especially those on the
losing side.

•Global inequalities, especially the profound and growing North-South split, threaten to pit poor nations
against rich nations.

•Terrorism is clearly regarded as a threat by those nations against which it is waged (hence the so-called
“war on terrorism” in the US)

WHAT IS GLOBAL GOVERNANCE?

Global governance or world governance is a movement towards political cooperation among transnational
actors, aimed at negotiating responses to problems that affect more than one state or region. Institutions of
global governance—the United Nations, the International Criminal Court, the World Bank, etc.

Global governance refers to the way international affairs are managed and regulated through international
institutions, agreements, and norms. It involves coordination and cooperation among countries to address
common global challenges.

Global governance encompasses the totality of institutions, policies, norms, procedures, and initiatives
through which States and their citizens try to bring more predictability, stability, and order to their
responses to transnational challenges.

Globalization entails the conduct of numerous transactions that go beyond the borders of states. These
varying transactions necessitate system and order. Thus, it can be said that to maintain order and system
in all these international dealings brought about by globalization, global governance is imperative. Global
governance is defined as “the sum of laws, norms, policies, and institutions that define, constitute and
mediate trans-border relations between states, cultures, citizens, intergovernmental and non-governmental
organizations and the market — the wielders and the objects of the exercise of international public power
(Weiss & Thakur, 2014).
The complexity of the present society makes the government unable to solely satisfy the demands of its
citizens. As mentioned by Weiss and Thakur (2014) in their article, “Society has become too complex for
citizens’ demands to be satisfied solely by governments. Instead, civil society actors play increasingly
active roles in shaping norms, laws, and policies. They are participants in global governance as
advocates, activists, and policymakers. They provide additional levers to people and governments to
improve the effectiveness and enhance the legitimacy of public policy while also posing challenges of
representation, accountability, and legitimacy.”

Contemporary issues such as women empowerment, regulation of the skies and seas, cybercrime, climate
change, urbanization, pandemics, terrorism, and weapons of mass destruction (WMDs) require
multidisciplinary perspectives, efforts across sectors with firm central direction and inspired leadership
(Weiss& Thakur, 2014). Thus, the UN, as the leading international organization, needs to meet these
requirements to be able to adapt to the changes we face now. The list of global governance issues
addressed by multilateral bodies is long: human rights, human development, labor, health, peace, conflict,
disarmament, communication, finance, and environment.

In simpler terms, it refers to the various intersecting processes that create an international order.

CHALLENGES OF GLOBAL GOVERNANCE IN 20TH CENTURY

1. Two World Wars: The 20th century began with two devastating world wars that highlighted the
need for mechanisms to prevent conflicts and promote peace. The League of Nations, established
after World War I, failed to prevent World War II, underscoring the difficulties in achieving
effective global governance.

2. Cold War: The Cold War rivalry between the United States and the Soviet Union led to a bipolar
world order, making it challenging to achieve global cooperation and governance. The threat of
nuclear war heightened tensions and hindered international cooperation.

3. Decolonization: The process of decolonization led to the emergence of new nation-states, creating
complex issues related to sovereignty, self-determination, and the rights of indigenous peoples.
These issues challenged the existing international order.

4. Economic Challenges: Economic challenges, such as the Great Depression of the 1930s and
recurring financial crises, highlighted the need for international economic governance. The
creation of institutions like the International Monetary Fund (IMF) and the World Bank aimed to
address these challenges.

5. Globalization: The 20th century witnessed significant globalization in trade, finance, and
communication. Managing this increased interdependence required effective global governance to
address issues like trade regulation, intellectual property rights, and labor standards.

6. Human Rights: The recognition of universal human rights, as enshrined in the Universal
Declaration of Human Rights (1948), created a framework for addressing human rights abuses
worldwide. However, enforcing these rights and preventing abuses remained challenging.

7. Environmental Challenges: The 20th century saw growing awareness of environmental issues,
such as pollution, resource depletion, and climate change. Developing effective global governance
 mechanisms to address these challenges, as seen in agreements like the Paris Agreement (2015),
proved difficult.

8. Arms Control: The proliferation of nuclear weapons and other advanced military technologies
presented significant global security challenges. Efforts to control arms and prevent the spread of
weapons of mass destruction faced resistance from powerful states.

9. Global Health: Outbreaks of diseases like HIV/AIDS and Ebola underscored the need for
international cooperation in addressing global health challenges. Organizations like the World
Health Organization (WHO) play a central role in global health governance.

10. Rise of Non-State Actors: The influence of non-state actors, including multinational corporations,
non-governmental organizations (NGOs), and terrorist groups, challenged the traditional state-
centric model of global governance.

11. Communication Revolution: Advances in communication and technology transformed global

governance by making information more accessible and facilitating global coordination. However,
they also raised concerns about privacy and cybersecurity.

12. Nationalism and Sovereignty: Nationalist movements and concerns about state sovereignty posed
challenges to global governance efforts, as some countries resisted international norms and
institutions.

Overall, the 20th century presented a wide range of global challenges that required effective global
governance mechanisms. While progress was made in many areas, the century also witnessed significant
setbacks and obstacles to achieving comprehensive international cooperation. These challenges continue
to shape global governance efforts in the 21st century.

THE NATION STATE

Nation:
Social group linked through common descent, culture, language, or territorial contiguity

National identity:
A fluid and dynamic form of collective identity; members of the community believe that they are
different from other groups.

Nationalism:
is a doctrine and (or) political movement that seeks to make the nation the basis of a political structure,
especially a state.

State:
Organizational structure outside other socioeconomic hierarchies with relatively autonomous office-
holders.

Nation-state:
Integrates sub-groups that define themselves as a nation with the organizational structure of the state.
WHAT IS UNITED NATIONS?
The United Nations (UN) is an international organization founded on October 24, 1945, with the primary
goal of promoting peace, security, cooperation, and diplomacy among nations. It was established in the
aftermath of World War II to prevent such a devastating conflict from happening again and to facilitate
international cooperation on a wide range of global issues.

ROLES AND FUNCTION OF UNITED NATIONS

The United Nations (UN) is an international organization founded in 1945 with the primary goal of
promoting peace, security, cooperation, and development among its member states. It was established in
the aftermath of World War II to prevent future conflicts and address global challenges collectively. The
UN's functions and activities encompass a wide range of areas, including:

Maintenance of International Peace and Security:

• The UN is responsible for preventing and resolving conflicts between nations through diplomatic
means.
• It can authorize the use of sanctions or military force, such as peacekeeping missions, to maintain
or restore peace in troubled regions.

Promotion of Human Rights:

• The UN is a leading advocate for human rights worldwide. It has established various treaties and
conventions, such as the Universal Declaration of Human Rights, to protect the rights and dignity
of individuals.

Economic and Social Development:

• The UN plays a vital role in addressing global development challenges. It sets development goals,
such as the Sustainable Development Goals (SDGs), to tackle poverty, inequality, health issues,
education, and environmental sustainability.
• Agencies like UNICEF (United Nations Children's Fund) and UNDP (United Nations
Development Programme) work on development projects and provide assistance to countries in
need.

Humanitarian Assistance:
• The UN coordinates and provides humanitarian aid to people affected by natural disasters,
conflicts, and other emergencies.
• Organizations like the World Food Programme (WFP) and the UN Refugee Agency (UNHCR)
offer vital support to refugees and displaced populations.

Promotion of International Law:

• The UN develops and promotes international laws and treaties to govern the behavior of nations
and ensure peaceful relations among them.
• The International Court of Justice (ICJ) settles legal disputes between states.

Disarmament:
• The UN advocates for disarmament and arms control to reduce the proliferation of weapons,
particularly weapons of mass destruction, and to promote global security.

Environmental Protection:
• The UN addresses environmental issues, climate change, and sustainability through initiatives like
the Paris Agreement and the United Nations Environment Programme (UNEP).
Cultural and Educational Cooperation:
• UNESCO (United Nations Educational, Scientific and Cultural Organization) promotes
international collaboration in areas such as education, culture, science, and communication.

Healthcare:
• The World Health Organization (WHO), a UN agency, works to improve global health, prevent
diseases, and respond to health emergencies.

Promotion of Gender Equality:

• UN Women focuses on gender equality and women's empowerment worldwide, advocating for
women's rights and opportunities.

Research and Data Collection:

• The UN conducts research and collects data on various global issues to inform policies and
decision-making.

The United Nations provides a platform for diplomacy and cooperation among its member states to
address complex and interconnected global challenges. Its functions encompass a wide spectrum of
activities aimed at maintaining peace, promoting development, protecting human rights, and addressing
pressing global issues. The UN's success depends on the cooperation and commitment of its member
states to work collectively towards these shared goals.

THE UNITED NATIONS GENERAL ASSEMBLY

The United Nations General Assembly (UNGA) is one of the six principal organs of the United Nations,
and it serves as a forum for all 193 member states to come together to discuss and make decisions on a
wide range of international issues. The United Nations General Assembly is a fundamental component of
the UN system, providing a platform for member states to engage in diplomacy, dialogue, and decision-
making on critical global issues. While its resolutions are not legally binding, the UNGA's role in shaping
international norms and fostering cooperation among nations is essential to the work of the United
Nations. Here's an explanation of the United Nations General Assembly:

Composition:
The UNGA is composed of all UN member states, each of which has one vote. This makes it one of the
most inclusive international organizations, where even the smallest countries have an equal voice.

Meetings:
The UNGA holds regular sessions, which typically begin in September and conclude the following year.
During this time, representatives from member states gather at the UN Headquarters in New York to
participate in debates, negotiations, and decision-making.

Functions and Powers:

Policy Discussion: The UNGA serves as a platform for member states to discuss a wide range of
international issues, including peace and security, development, human rights, and environmental
sustainability.

Resolutions: Member states can propose resolutions on various topics, and these resolutions are
debated and voted on. While UNGA resolutions are not legally binding, they carry significant
political weight and reflect the consensus or majority view of the international community.
 Budget Approval: The UNGA has the authority to approve the UN's budget and financial matters.
Member states contribute funds to support UN activities, and the budget approval process
ensures transparency and accountability in resource allocation.

Election of Key UN Officials: The UNGA plays a role in electing key UN officials, including the
Secretary-General and non-permanent members of the UN Security Council.

Amendments to the UN Charter: While significant changes to the UN Charter require approval
by the Security Council and ratification by member states, the UNGA can make recommendations
for amendments.

Special Sessions:
In addition to regular sessions, the UNGA can convene special sessions to address urgent or critical
issues. These sessions can be requested by member states or the Security Council.

Committees and Subsidiary Organs:

The UNGA has numerous committees and subsidiary organs that focus on specific issues, such as the
First Committee (disarmament and international security) and the Third Committee (social, humanitarian,
and cultural issues).

Advisory Role:
While the UNGA's decisions are not legally binding, they often serve as recommendations and guidelines
for member states' actions. The UNGA's role is more advisory and diplomatic in nature, as opposed to the
binding authority of the UN Security Council.

Universal Forum:
The UNGA provides a platform for countries to express their views, share experiences, and build
consensus on global challenges. It promotes dialogue and cooperation among nations.

In summary, the United Nations General Assembly is a unique and inclusive forum where all member
states have an equal voice in addressing global issues. While it lacks the binding authority of the UN
Security Council, the UNGA plays a vital role in shaping international norms, fostering cooperation, and
promoting dialogue among nations. It serves as a platform for diplomacy, policy discussions, and
decision-making on a wide range of global challenges.

HISTORICAL BACKGROUND OF THE UNITED NATIONS

The leading governance actor with an international membership today is the United Nations (UN). This
international organization not only involves sovereign states but also non-state entities. It was founded in
1945, in the wake of World War II with the main purpose of preventing future conflicts between states. It
is mandated to preserve global security through the Security Council. According to Hurd (2007), the UN
represents a structure of authority that rests on institutionalized state practices and generally accepted
norms (Weiss & Thakur,2014). However, the UN should not be understood as a new international system
paradigm that will replace Westphalian sovereignty. Aside from the UN, there are other institutions that
play important roles in global governance such as the World Bank and the International Monetary Fund
(IMF)

The historical background of the United Nations (UN) is rooted in the tumultuous events of the 20th
century, particularly the devastation caused by two world wars and the desire among nations to prevent
such conflicts in the future. Here's an overview of the historical context leading to the establishment of
the United Nations:

World War I and the League of Nations:

• World War I (1914-1918) was a catastrophic global conflict that left millions dead and much of
Europe in ruins.
• In the aftermath of the war, there was a strong desire among nations to establish a framework for
international cooperation and peace.
• The League of Nations was created in 1920 as the first international organization with the goal of
preventing future wars. However, it faced several shortcomings, including the absence of major
powers like the United States and limited enforcement capabilities.

World War II and the Failure of the League of Nations:

• World War II (1939-1945) was an even more devastating conflict, leading to the loss of millions
of lives and widespread destruction.
• The League of Nations proved ineffective in preventing the outbreak of another world war,
highlighting the need for a stronger and more comprehensive international organization.

Atlantic Charter (1941):

• In August 1941, U.S. President Franklin D. Roosevelt and British Prime Minister Winston
Churchill met aboard the USS Augusta and issued the Atlantic Charter.
• The Atlantic Charter outlined principles for a post-war world, including the promotion of self-
determination, economic cooperation, and the abandonment of the use of force in international
relations.

Dumbarton Oaks Conference (1944):

• In 1944, representatives from the United States, the United Kingdom, the Soviet Union, and China
met at the Dumbarton Oaks estate in Washington, D.C., to discuss the creation of a new
international organization.
• These discussions led to the formation of the framework for the United Nations, which was
subsequently formalized in the "Dumbarton Oaks Proposals."

Yalta and San Francisco Conferences (1945):

• The Yalta Conference (February 1945) between Roosevelt, Churchill, and Soviet Premier Joseph
Stalin reaffirmed the commitment to establishing the United Nations.
• The San Francisco Conference (April-June 1945) brought together representatives from 50
countries to draft and sign the United Nations Charter.

Establishment of the United Nations (June 26, 1945):

• The United Nations Charter was signed on June 26, 1945, by representatives from 50 nations at
the San Francisco Conference.
• The UN officially came into existence on October 24, 1945, when the Charter was ratified by the
required number of member states.

Purposes and Principles:

• The UN Charter established the purposes and principles of the organization, including the
maintenance of international peace and security, the promotion of human rights, economic
cooperation, and the peaceful resolution of disputes.
Structure:
• The UN was structured with various organs, including the General Assembly, Security Council,
International Court of Justice, and specialized agencies like the World Health Organization
(WHO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO).

RELEVANCE OF STATE AMID GLOBALIZATION

The relevance of the state amid globalization is a complex and evolving issue. Globalization refers to the
increasing interconnectedness of economies, cultures, societies, and politics across borders, driven by
advancements in technology, trade liberalization, and the movement of people. In this context, the role
and relevance of the state have evolved in several ways:

Sovereignty and Authority:

• States remain the primary actors in international relations, holding the authority to make and
enforce laws within their borders.
• They retain control over key functions such as defense, law enforcement, and the administration
of justice.

Economic Regulation:
• States play a vital role in regulating economic activities, including taxation, trade policies, and the
protection of property rights.
• They can implement policies to promote economic growth, regulate financial markets, and address
income inequality.

Global Trade and Integration:

• States are central to participating in global trade agreements and negotiations. They set trade
policies, tariffs, and regulations that impact their domestic industries and economies.
• States also establish and enforce intellectual property rights, which have implications for global
trade.

Crisis Management:
• In times of crises, such as pandemics, natural disasters, or economic recessions, states play a
critical role in responding to and mitigating the impact of these events on their citizens.
• They have the authority to allocate resources, enforce public health measures, and provide
financial assistance to affected individuals and businesses.

National Security:
• States continue to have the primary responsibility for maintaining national security, protecting
their borders, and defending against external threats.
• They can enter into alliances and partnerships to enhance their security posture in an
interconnected world.

International Diplomacy:
• States engage in diplomacy and maintain diplomatic relations with other countries to advance their
interests, negotiate agreements, and address global issues.
• International treaties and agreements often require state ratification and adherence.

Cultural Identity and Social Welfare:

• States have a role in preserving and promoting cultural identities, languages, and traditions within
their borders.
 • They provide social welfare services, including education, healthcare, and social safety nets, to
their citizens.

Environmental Regulation:
• States are responsible for implementing environmental regulations and policies to address global
challenges like climate change and pollution.
• They may collaborate in international efforts to combat environmental issues.

Human Rights and Rule of Law:

• States have a responsibility to protect and uphold human rights within their territories, as outlined
in international treaties and agreements.
• They establish and maintain legal systems that promote the rule of law and protect individual
rights.

In summary, while globalization has led to increased interdependence and the emergence of global
challenges that transcend national borders, the state remains a critical actor in shaping and managing
these developments. The relevance of the state lies in its ability to adapt and respond to globalization by
regulating economic activities, maintaining sovereignty, providing essential services, and engaging in
international diplomacy. The balance between state sovereignty and global interdependence continues to
be a subject of debate and negotiation in an increasingly interconnected world.

UNIT 2: LEGAL BASIS OF INTERNATIONAL RELATIONS

WHAT IS INTERNATIONAL LAW? AND NATIONAL LAW?

International law refers to the general set of rules or principles that help in resolving international
problems like laws of the sea, the dispute between two countries, the part of the land that belongs to
which country, how to maintain international behaviour, etc. However, the point to be noted here is that
international laws are a standard system of rules which apply to all countries. So, it depends on each
country how to apply these rules and pass the law for their land.

The definition of international law centers on the word “inter,” which means “between,” as opposed to
“intra,” which means “within.” So, literally, “international law” is defined as “law between nations
(States),” which stems from agreements, embodied in a treaty, or customs that are recognized by all
nations.

• The body of such rules that govern the conduct of relations among nations is known as
International Law.

• International law relates to the governing of behavior and conduct of nations within international
governing systems.

• International law applies to all countries that wish to sign treaties and agreements

National law, which is often referred to as domestic law, is those laws that exist “within” a particular
nation (State). National laws are also recognized as the expression of the State itself, since it emanates
from the local authority, which could be the law-making institution, such as the United States Congress or
the French Parliament. In some States, called States with a common law tradition, laws could also come
from decisions made by judges, which is also called case law. Other States, called States with a civil law
tradition, do not recognize judge-made law, but only laws enacted by the legislature.

• National law pertains only to the conduct and behavior of persons within a particular nation.

FACTS
• Creators of international law rules can't enforce international law in any country they wish, while
Congress can enforce national laws throughout the entire United States

• International law primarily relates to conventions and treaties, whereas national law focuses on
acts and constitutions within a particular state or county.

• The jurisdiction of international law expands across international countries involved with the
creation of that law, whereas national law only has jurisdiction within one country.

BASIC PRINCIPLES OF INTERNATIONAL LAW

International law is a complex and multifaceted field, but it is based on several fundamental principles
that guide the conduct of states and other international actors in the international system. These principles
are derived from various sources, including customary practice, treaties, and legal scholarship. Here are
some of the basic principles of international law:

Sovereign Equality of States:

This principle holds that all states, regardless of size, power, or wealth, are equal members of the
international community. It means that each state has the same legal rights and obligations as any other
state.

Territorial Integrity:
States have the right to territorial integrity, which means that their borders are inviolable, and other states
should not interfere in their internal affairs.

Non-Intervention:
The principle of non-intervention prohibits states from intervening in the internal or external affairs of
another state without its consent, except in self-defense or with authorization from the United Nations
Security Council.

Peaceful Settlement of Disputes:

States are encouraged to resolve their disputes through peaceful means, such as negotiation, mediation,
arbitration, or judicial settlement, rather than through the use of force.

Prohibition of the Use of Force:

The United Nations Charter prohibits the use of force in international relations, except in self-defense
against an armed attack or when authorized by the UN Security Council.

Treaty Law:
Treaties are the primary source of international law. States voluntarily enter into treaties to regulate
various aspects of their relations. Treaties are binding on the parties that have ratified or acceded to them.
Customary International Law:
Customary international law is formed by state practice and a belief that the practice is legally required
(opinio juris). Customary norms are considered binding on all states, even those that have not explicitly
consented to them.

Jus Cogens Norms:

Jus cogens norms are peremptory norms of international law that are universally recognized and accepted
as fundamental principles. They include prohibitions against genocide, slavery, and torture.

Human Rights:
Human rights are protected by various international treaties and customary law. States are obligated to
respect, protect, and fulfill the human rights of individuals within their jurisdiction.

Responsibility of States:
States are responsible for their internationally wrongful acts and can be held accountable through
diplomatic negotiations, international tribunals, or the International Court of Justice.

Good Faith:
States are expected to conduct their international relations in good faith and adhere to their treaty
obligations and commitments.

Peaceful Coexistence:
States are encouraged to promote peaceful coexistence and cooperation in international relations,
including economic, cultural, and scientific exchanges.

Environmental Sustainability:
The principle of sustainable development recognizes the importance of protecting the environment for
present and future generations and is reflected in various international agreements.

These principles form the foundation of the international legal system and provide a framework for the
conduct of states and other international actors in the global community. It's important to note that
international law is a dynamic field that evolves over time as new norms are developed and existing ones
are refined through state practice and legal scholarship.

HOW DOES INTERNATIONAL LAW BECOME A PART OF THE LAW OF THE STATE?

International law becomes a part of the law of a state through a process known as "incorporation" or
"transformation." The specific mechanisms for incorporating international law into a state's legal system
can vary from one country to another, depending on the state's legal traditions and constitutional
framework. However, there are common methods through which international law becomes binding at the
national level:

Treaty Ratification and Implementation:

• One of the primary ways international law becomes part of a state's legal system is through the
ratification of international treaties. When a state signs and ratifies a treaty, it expresses its
willingness to be bound by the treaty's provisions.
• After ratification, the state typically undertakes domestic legislative or administrative measures to
ensure compliance with the treaty's obligations. This process may involve passing new laws,
amending existing ones, or issuing executive orders.
Customary International Law:
• Customary international law consists of long-established practices that are accepted as legally
binding by the international community. States are generally considered bound by customary law,
whether or not they have explicitly consented to it.
• Customary international law can become part of a state's legal system through incorporation into
domestic law. In many legal systems, customary norms are treated as part of the common law or
general principles of law.

Direct Applicability in Domestic Law:

• Some states have legal systems that allow international treaties to have direct applicability in
domestic law without the need for specific legislative measures. In such cases, international
treaties become automatically enforceable in national courts.

Legislation and Parliamentary Approval:

• In many countries, international treaties and agreements must be approved by the legislative
branch, such as the parliament or congress, before they become binding domestically.
• The legislative process may involve passing enabling legislation that incorporates the treaty's
provisions into domestic law. This legislation may address issues such as enforcement, penalties,
and the allocation of responsibilities.

Judicial Decisions and Precedent:

• In some legal systems, courts play a significant role in incorporating international law into
domestic law through judicial decisions and precedent. Courts may refer to international law
principles and treaties when interpreting domestic laws or resolving disputes.
• This process is particularly common in countries with a legal tradition of "monism," where
international law and domestic law are considered part of a single legal system.

Constitutional Provisions:
• In some states, the constitution explicitly recognizes the supremacy of international law or
provides guidelines for its incorporation into domestic law. Such constitutional provisions
establish the hierarchy of norms within the legal system.

Executive Orders and Regulations:

• The executive branch of government may issue orders or regulations to implement international
agreements or treaty obligations, particularly in areas under its authority, such as foreign affairs
and trade.

It's important to note that the specific procedures and mechanisms for incorporating international law into
domestic law can vary widely from one country to another. Additionally, the level of domestic legal
significance given to international law can differ, with some states treating it as automatically binding and
others requiring specific domestic measures for each treaty or international norm. The role of the
judiciary and the constitution also play a significant role in determining how international law is
integrated into a state's legal system.

INTERNATIONAL CONVENTIONS AND INTERNATIONAL CUSTOMS AND

INTERNATIONAL OBLIGATIONS

The current practice of international law, including through treaties, conventions and other international
agreements – very much at the core of how the international community has confronted global challenges
in the past – has proven generally ineffective to address urgent problems. Becoming a party to these
treaties is voluntary, and countries can usually withdraw when they wish. The international norms
negotiated and set out in international treaties are, however, enormously valuable, often representing
extraordinary efforts to achieve consensus on shared global values and legal principles; what is generally
missing is effective implementation, monitoring, and enforcement of these international principles.

International conventions, international customs, and international obligations are key concepts in
international law that help regulate the behavior of states and other international actors. Let's explore each
of these concepts:

International Conventions (Treaties):

• Definition: International conventions, commonly referred to as treaties, are formal written
agreements between two or more sovereign states or international organizations. Treaties are a
primary source of international law.
• Creation: Treaties are created through a negotiation process in which parties agree on the terms
and obligations to be included in the treaty. Once negotiated, the treaty is typically signed by
authorized representatives of the states involved.
• Ratification: After signature, the treaty often requires ratification by the participating states'
respective authorities (such as their legislatures or heads of state). Ratification indicates the state's
formal consent to be bound by the treaty.
• Implementation: States that have ratified a treaty are obligated to implement its provisions into
their domestic legal systems, often through legislative or administrative measures.
• Examples: Prominent international treaties include the United Nations Charter, the Geneva
Conventions on the laws of armed conflict, and the Paris Agreement on climate change.

International Customs (Customary International Law):

• Definition: Customary international law refers to the body of unwritten norms and practices that
have developed over time and are recognized as legally binding by the international community.
• Formation: Customary international law is formed when states consistently engage in a practice
based on a belief that it is legally required (known as "opinio juris"). This practice becomes a
binding customary norm.
• Examples: Examples of customary international law include the prohibition of genocide, the
principle of state sovereignty, and the prohibition of torture. These norms have developed through
state practice and widespread recognition over time.

International Obligations:
• Definition: International obligations are legal duties and responsibilities that states and other
international actors have under international law. These obligations can arise from treaties,
customary international law, and other sources of international law.
• Sources: International obligations can be derived from various sources, including treaties,
customary law, general principles of law, peremptory norms (jus cogens), and decisions of
international courts and tribunals.
• Types: International obligations can encompass a wide range of issues, including human rights
obligations, environmental obligations, obligations related to armed conflict and peacekeeping,
and trade-related obligations, among others.
• Enforcement: International obligations are typically enforced through diplomatic means, dispute
settlement mechanisms, and international courts and tribunals. States can be held accountable for
violating their international obligations.

In summary, international conventions (treaties) and international customs (customary international law)
are two primary sources of international law. These sources create international obligations for states and
other international actors. International obligations encompass a wide range of legal duties and
responsibilities that govern the behavior of states and contribute to the maintenance of peace, security,
and cooperation in the international community. Violations of international obligations can lead to legal
consequences and diplomatic or judicial remedies.

CONCEPTS OF TREATIES
A treaty is a formal, written agreement between two or more sovereign states or international
organizations. Treaties are one of the primary sources of international law, alongside customary
international law, general principles of law, and decisions of international courts and tribunals. Treaties
are also known as conventions, agreements, protocols, or accords.

Types of Treaties:
Treaties can vary widely in their subject matter and purpose. Some common types of treaties include:

• Bilateral Treaties: Agreements between two states.

• Multilateral Treaties: Agreements involving three or more states.
• Treaties of Alliance: Security agreements between states.
• Human Rights Treaties: Agreements focused on protecting and promoting human rights.
• Environmental Treaties: Agreements addressing environmental issues and sustainability.
• Trade Treaties: Agreements governing international trade and commerce.
• Arms Control Treaties: Agreements aimed at limiting the proliferation of weapons, including
nuclear arms control treaties.

Importance of Treaties:
Treaties are essential in international relations for several reasons:

• Legal Framework: Treaties establish a legal framework for states to interact and cooperate on
various issues.

• Certainty and Stability: Treaties provide predictability and stability in international relations by
defining rights, obligations, and procedures.

• Conflict Resolution: Treaties can help prevent and resolve conflicts between states by offering
mechanisms for dispute resolution.

• Cooperation: Treaties promote international cooperation on a wide range of issues, from trade and
human rights to security and environmental protection.

• Normative Framework: Treaties contribute to the development of customary international law

and the creation of global norms.

• Binding Commitments: States voluntarily enter into treaties and are bound by their commitments,
enhancing accountability in the international system.

In conclusion, treaties are a cornerstone of international law and diplomacy, allowing states and
international organizations to formalize agreements, establish rules, and work together to address global
challenges and promote cooperation on various fronts.
References:

Chapter 29 of Textbook: "The United Nations Meets the 21st Century Confronting the Challenges of
Global Governance" by Thomas G. Welss and Ramesh Thakur

Hobsbawn, Eric J. 1996. "The Future of the State" Development and Change 27(2): 267-278

Mendoza, Tabajen, Tomas and Austria. Worktext in the Contemporary World. 2019. Nieme Publishing
House Co. LTD. Quezon City, Philippines.

International law and international relations. (2015, April 7). Your Article
Library. https://www.yourarticlelibrary.com/law/international-law-and-international-
relations/48484?fbclid=IwAR2hHxaZPGYYXXgpAY4n6BhE_0Owjt56Yk_FKUUz74CXF_j3R7
7UArukY2c

Keohane, R. O., & Nye, J. S. (1977). Power and Interdependence: World Politics in Transition.

Bodin, J. (1576). Six Books of the Commonwealth.

Berridge, G. R. (2015). Diplomacy: Theory and Practice.

Test Questionnaire:

1. It is the agreement between two states.

A. Treaties of Alliance B. Trade Treaties C. Bilateral Treaties D. Multilateral Treaties

2. It is the Agreements focused on protecting and promoting human rights.

A. Multilateral Treaties B. Treaties of Alliance C. Environmental Treaties D. Human Rights Treaties

3. It is defined as the legal duties and responsibilities that states and other international actors have under
international law.
A. International Treaties B. International Obligations C. Treaties D. International Customs

4. What do you call a process where international law becomes a part of the law of a state?
A. Incorporation B. Transfusion C. Transformational D. Corporation

5. It refers to the increasing interconnectedness of economies, cultures, societies, and politics across
borders, driven by advancements in technology, trade liberalization, and the movement of people.
A. Trading B. Globalization C. Industrialization D. Connection

6. When was the United Nations founded?

A. 1945 B. 1944 C. 1954 D. 1946
7. What international organization whose primary goal is to promote peace, security, cooperation, and
diplomacy among nations?
A. NGO B. UNGA C. NU D. UN

8. It refers to the various intersecting processes that create an international order

A. Procession B. Governance B. Global Order D. Global Governance

9. It is a doctrine and (or) political movement that seeks to make the nation the basis of a political
structure, especially a state.
A. National B. Nationalism C. Nationalization D. Nation-State

10. What do you a law between nations that stems from agreements, embodied in a treaty, or customs that
are recognized by all nations?
A. Nation Law B. Law C. International Law D. National Law

11. It is a formal written agreement between two or more sovereign states or international organizations.
It is the primary source of international law.
A. International Customs B. International Law C. International Convention D. International Agreements

12 – 13. What are the functions and roles of the United Nations? Given at least two.

Maintenance of International Peace and Security Promotion of Human Rights

Economic and Social Development Humanitarian Assistance
Promotion of International Law Disarmament
Environmental Protection Cultural and Educational Cooperation
Healthcare Promotion of Gender Equality
Research and Data Collection

14 – 15. What are the challenges of Global Governance in 20th Century? Give at least two.

Two World Wars Cold War Decolonization

Economic Challenges Globalization Human Rights