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Public International Law

VIEW FULL GLOSSARY ITEMS
 International Court of Justice
 Law of the Sea
 UNCLOS
 Territorial Disputes

What is meant by public international law?

Public international law, also known as the Law of Nations, is a set of norms aimed at
regulating the interaction between the subjects of international law that participate in
international relations. Public international law norms create a common framework
within which the subjects of international law operate and contribute to the existence of
generally stable, organized, and consistent international relations.

What is the difference between public and private

international law?
While public international law governs the relationship between the subjects of
international law, such as States, private international law addresses the private law
rights of natural or legal persons. Private international law consists of a set of conflicts
of laws rules applicable in international cases. These rules determine the applicability of
a certain law in circumstances involving a choice between the municipal law of
different States.

Who does public international law apply to?

Public international law applies to the subjects of international law, such as States and
international organizations, who consent to be governed by it. While the traditional
doctrine of international law did not regard individuals as subjects of international law,
a more contemporary approach dictates that the individual is indeed a subject of
international law and the owner of rights and obligations in the international arena (in
particular in areas such as international human rights law, international criminal law,
and international humanitarian law). However, it should be noted that, subject to certain
Resolutions by the United Nations Security Council, there is no generally accepted
coercive authority that can bind sovereign States to a body of international law.

Why is public international law important?

Public international law is important because it governs the behavior of the several
subjects of international law, including States. Public international law reinforces the
principle of sovereign equality among all States. It also lends predictability and order to
the relationship between the subjects of international law. It also, arguably, constrains
the behavior of the subjects of international law such as States, preventing them from
engaging in a course of conduct incompatible with their international obligations, which
might lead to international censure, economic retaliation, or military action.

What are the sources of public international law?

Article 38 of the Statute of the International Court of Justice refers to three sources of
international law under the traditional theory of sources: treaties, customary
international law, and general principles of law. That same provision also refers to two
subsidiary means for the determination of the rules of law: judicial decisions and the
teachings of highly qualified publicists.

How are international treaties concluded?

The Vienna Convention on the Law of Treaties is a treaty that addresses the conclusion
in writing of international treaties governed by international law between States. It sets
forth guidelines for the negotiation and conclusion of such treaties. It also addresses,
among other topics, the provisional application of treaties, their interpretation and
application, reservations, and the causes for their suspension and/or termination. The
procedures for the conclusion of treaties have both internal and external aspects.
External procedures include the negotiation of the text of the treaty, the adoption of the
final text, its authentication, and the expression of consent to be bound by the treaty (by
signature, exchange of instruments constituting a treaty, ratification, acceptance or
approval, or accession). The internal procedures vary between States, and may involve
legislative approval, ratification by the Executive Branch and publication in the Official
Gazette.

What is customary international law?

Customary international law is one of the sources of international law. Article 38 of the
Statute of the International Court of Justice refers to customary international law as
“evidence of a general practice accepted as law.” Its elements are State practice and the
States’ subjective conviction that a certain form of conduct is required by international
law, known as opinio juris.

How are international laws enforced?

Subject to certain Resolutions by the United Nations Security Council, which can
approve peacekeeping missions, impose sanctions, or authorize the use of force when
said Council determines there is a threat to international peace and security, there is no
generally accepted coercive authority that can bind sovereign States to a body of
international law. International laws are, generally, enforced by consent. In other words,
States comply with their international law obligations because they choose to do so, not
because there is a coercive entity that requires their adherence to the law. Failures to
abide by public international law norms are often met with ad hoc responses that range
from diplomatic responses, to measures ordered by the Security Council entailing
economic action and military force.

Who are the subjects of international law?

According to the traditional doctrine of international law, only some of the several
actors in the international scene, such as States and international organizations, are
subjects of international law (entities capable of possessing international rights and
obligations) and possess international legal personality. The traditional doctrine also
recognizes atypical subjects of international law, which includes the Holy See, the
Sovereign Order of Malta, and the International Committee of the Red Cross. Other
entities such as non-self-governing peoples, insurgents, and movements of national
liberation have also been considered by part of the doctrine as subjects of international
law. A more contemporary approach dictates that the individual is also subject of
international law and the owner of rights and obligations in the international arena (in
particular in areas such as international human rights law, international criminal law,
and international humanitarian law). The status of indigenous peoples and multinational
enterprises as subjects of international law is also under discussion.

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the subjects covered and does not constitute legal advice. No legal or business decision
should be based on its contents.