Introduction to

International Law
José Antonio de Abreu
International Law

International law consists of rules and principles

governing the relations and dealings of nations with each
other, as well as the relations between states and
individuals, and relations between international
organizations.
International Law Domains
International Law includes the basic, classic concepts of law in national legal
systems (i.e. statutes, property law, tort law, etc). It also includes substantive law
, procedural law, due process, and remedies.The following are major substantive
fields of international law:
● International economic law
● International security law
● International criminal law
● International environmental law
● Diplomatic law
● International humanitarian law, A.K.A. law of war.
● International human rights law
 Understanding International Law
Public international law concerns itself only with questions of rights
between several nations, or nations and the citizens, or subjects of
other nations.

It includes rights established in treaties, among international

organizations, companies, or legal person.

It is created from customary international law, general principals.

Understanding International Law

Private international law deals with controversies

between private persons.

It involves Domestic Law of states that regulate specific

situations within the nation and that has an international
component, meaning it is grounded largely in national or
municipal law.
Controversies - Conflict of laws

In recent years the line between public and private

international law has became increasingly uncertain.

Issues of private international law may also implicate

issues of public international law, and many matters of
private international law have substantial international
significance.
 The Relevance of Label
The label could limit understanding of the law and, more importantly, foreclose the
ability to address properly problems that beg a legal solution.

Example: A way to understand how the public-private distinction constrains the

development of solutions to international problems is to examine it from the
perspective of the sale of goods across borders, what is largely seen as a matter
of private international law. Private international law helps identify the law
governing the sale, national law or perhaps the principal treaty in the area, the
United Nations Convention on Contracts for the International Sale of Goods
(CISG)9 . Yet, the goods could be ones that cause pollution or be intended for use
in conducting human rights abuses. Public international law principles could limit
or even nullify the sale.
 Theorical Approaches and Paradigsm
a) Voluntarism:
- Major exponent: Dionisio Anzilotti (beginning of the xx century)
- According to it, Public International Law is a series of rules that govern
relations between sovereign states, which are seen to be their unique
subjects.
- The will of the State is decisive in the configuration of international legal
relationships within this system.
- International obligations depend on the will of the States that can be
manifested in the form of treaties and agreements.
- International responsibility is bilateral.
Theorical Approaches and Paradigsm
b) Objetivism:

- developed in the second half of the XX century

- It is characterized by the importance attributed to the rules and the
processes of creation of its legal rules.
- The rules are imposed on States and are not the result of voluntary
acceptance.
- The legal system has a hierarchical structure by virtue of the existance
of imperative rules, or rules of ius cogens, which predominate over the
will of States.
Important Concepts
“Treaty” means an international agreement concluded between States in written form
and governed by international law, whether embodied in a single instrument or in two
or more related instruments and whatever its particular designation

“Ratification”, “acceptance”, “approval” and “accession” mean in each case the

international act so named whereby a State establishes on the international plane its
consent to be bound by a treaty.

“International legal personality” refers to the entities or legal persons that can
have rights and obligations under international law.
 International Legal Personality

a) A State has the following characteristics:

1. a permanent population;
2. a defined territory;
3. a government; and
4. the capacity to enter into relations with other States.

Some writers also argue that a State must be fully independent and be
recognized as a State by other States.
 International Legal Personality
The international legal system is a horizontal system dominated by States
which are, in principle, considered sovereign and equal.

International law is predominately made and implemented by States.

Only States can have sovereignty over territory.

Only States can become members of the United Nations and other
international organizations.

Only States have access to the International Court of Justice.

 International Legal Personality

b) International Organizations

International Organizations are established by States through international

agreements and their powers are limited to those conferred on them in their
constituent document.

They can enter into international agreements and their representatives have
certain privileges and immunities.

The constituent document may also provide that member States area legally
bound to comply with decisions on particular matters.
 International Legal Personality

c) Nationality of individuals, companies, etc.

Individuals are generally not regarded as legal persons under international

law. Their link to State is through the concept of nationality, which may or
may not require citizenship.

Nationality is the status of being treated as a national of a State for particular

purposes. Each State has wide discretion to determine who is a national. The
most common methods of acquiring nationality at birth are through one or
both parents and/or by the place of birth. Nationality can also be acquired by
adoption and naturalization.
 International Legal Personality
c) Nationality of individuals, companies, etc.

Companies, ships, aircraft and space craft are usually considered as having
the nationality of the State in whose territory they are registered. This is
important because in many circumstances States may have international
obligations to regulate the conduct of their nationals, especially if they are
carrying out act activities outside their territory.

Under the principle of nationality of claims, if a national of State A is injured

by State B through internationally unlawful conduct, State A may make a
claim against State B on behalf of its injured national. This is known as the
doctrine of diplomatic protection.
Sovereignty
Sovereignty is the exclusive right to exercise supreme political authority over
a defined territory (land, airspace and certain maritime areas such as the
territorial sea) and the people within that territory. No other State can have
formal political authority within that State.

Therefore, sovereignty is closely associated with the concept of political

independence.

Classical international law developed doctrines by which States could make a

valid claim of sovereignty over territory.
Sources
Beckman, R. and Butte, D.. Introduction to International Law. Link:
https://www.ilsa.org/Jessup/Jessup%20Competitor%20Resources/intlawintro.pdf

Casanovas y La Rosa, O. (2001). Unity and Pluralism in Public International Law.

Cornell Law School. Link: https://www.law.cornell.edu/wex/international_law

Karamanian, S. (n.d.). PUBLIC INTERNATIONAL LAW Versus PRIVATE INTERNATIONAL LAW:

RECONSIDERING THE DISTINCTIO. Link:
http://www.oas.org/es/sla/ddi/docs/publicaciones_digital_XL_curso_derecho_internacional_201
3_Susan_L_Karamanian.pdf