WEEK-3

President University, 2021 / Principles of International Law / by. Albert B. Sihombing

 WHAT IS INTERNATIONAL LAW?
..... is a system of agreements and different treaties between different
nations which helps in establishing and maintaining cooperation among
different nations and also governs the relationship between different nations
and how one nation interacts with other nations
or
ialah keseluruhan kaedah dan asas yangmengatur hubungan atau
persoalan yang melintasi batas negara antara:
negara dengan negara, negara dengan subyek hukum lain bukan negara
atau, subyek hukum bukan negara satu dengan negara lain

BTW, HOW MANY ACTORS IN ‘IR’ THAT NEED INT’ LAW?

SUBJECT OF INTERNATIONAL LAW
i.e.
STATE VATIKAN, PALESTINA
“.....INT’L LAW & 193 UN COUNTRIES

i.e.
SUBJECT INDIVIDUALS YOU & ME

NON-STATE i.e.
‘.....INT’L LAW” IO UN, ICJ...

MNC i.e.
FREEPORT, ...
 INT’ LAW IS THE BODY OF LAW
THAT REGULATES THE RELATIONS/ACTIVITIES
(STATE)
PUBLIC INTERNATIONAL LAW IS
...
...
...

(NON-STATE)
PRIVATE INTERNATIONAL LAW IS
...
...
...
 REALIST THEORY
Still remember with this?
“All political phenomena and international relations are
phenomena about the state”
This is the T....S....Approach.
SIMILAR, the followers of Realist Theory believe
“ That the Nation-states are the only entities for whose conduct the
International law comes into existence”
NATION-STATES ARE THE ULTIMATE & ONLY SUBJECTS OF INT’l LAW
 FICTIONAL THEORY
According to this theory
the only subjects of int’l law are the individuals not the nation-states
The reason they gave that the legal orders are for the conduct of
human beings and for their wellness. And there’s nothing much
difference between Nation States and an individual because Nation
States are the aggregate of the individuals.
And according to the followers,
INDIVIDUALS ARE THE SOLE SUBJECTS OF INT’L LAW. 
IS THERE ANY TYPES OF INTERNATIONAL LAW?
BTW, HOW MANY ACTORS IN ‘IR’ THAT NEED INT’ LAW?
 SUPERNATIONAL LAW?
Supranational law is a form of international law, based on the limitation of the
rights of sovereign nations between one another. It is distinguished from 
public international law, because in supranational law, nations explicitly submit
their right to make judicial decisions by treaty to a set of common tribunal.
The UN Security Council & subordinate organizations, such as the 
International Court of Justice, are the only globally accepted supranational
tribunals.

European Union law was the next example of a supranational legal framework. In the

EU, sovereign nations have pooled their authority through a system of courts and 
political institutions. They have the ability to enforce legal norms against and for
member states and citizens, in a way that public international law does not. 
FUNCTIONAL THEORY
In both the theories i.e. Realistic and Fictional adopted their opinion
without considering other subjects of International law.

According to this theory:

NOT ONLY THE ..... AND ....ARE THE SUBJECTS OF INTERNATIONAL
LAW BUT OTHER ENTITIES HAVE BEEN GRANTED INTERNATIONAL
PERSONALITY AND STATUS AND CONSIDERED AS SUBJECTS OF
INTERNATIONAL LAW. 
THE SUBJECT OF INT’L LAW CONSIST OF 1...., 2....., 3.....,4....
There are different theories as regards to the rising
debate on Subjects of International law but there
are majorly three theories of International law.
WHICH is the BEST?
AFTER ANALYZING ALL THE THREE THEORIES THEN ACCORDING TO MY
VIEW FUNCTIONAL THEORY IS MORE ACCURATE AND BEST SUITED FOR
THE MODERN AREA OF INTERNATIONAL LAW AND ALSO FOUND
SUITABLE ACCORDING TO THE WORLD CONDITION AND TREND.
WHY?
DECLARING ANY ONE SUBJECT AS THE SOLE SUBJECT OF
INTERNATIONAL LAW IS NEVER A SOLUTION AND HENCE, THE OTHER
TWO THEORIES LAG BEHIND THAN THE FUNCTIONAL THEORY. 
FUNCTIONS OF INTERNATIONAL LAW
1. Maintain peace and security.
2. Protection of fundamental rights of state and human rights through sanctions
both peaceful and coercive.
3. Economic, social, cultural and technological development of states and such
other entities.
4. Encourage and ensure greater international cooperation in the solution of
certain common problems of a political, economic, cultural or humanitarian
character.
5. Provide for orderly management of relations of States on the basis of
substantive rules they have agreed to observe as members of the
international community.
DIFRENCE BETWEEN PUBLIC AND PRIVATE INTERNATIONAL LAW
DIFF PUBLIC INTERNATIONAL LAW
is a branch of International law
DEF deals with the relationships between nations
supports order in the world and the attainment
of humanity's fundamental goals of peace,
GOALS
prosperity, respect for human rights, and
protection of the natural environment
There is demarcation of laws, rules and
DEMARCATI different principles that concern the conduct of
ON
different nations.
Humanitarian, environmental & human rights L
CONCENT and laws regulate the matter or issue of these
areas particularly, i.e. arms control & refugee
PRIVATE INTERNATIONAL LAW
 is that branch of International law
deals with the conflict between private entities
(like MNC which have a network in more than one nation)
governs the conflicts in the domestic laws
of different nations
which is related to
the p.... t...
There is no demarcation between National laws
and Private International law because National
laws are the primary source of Private
International Law
Contracts, torts, family matters, Intellectual
property and many more.
DIFRENCE BETWEEN PUBLIC AND PRIVATE INTERNATIONAL LAW
NO DIFFERENTIATOR PUBLIC INTERNATIONAL LAW PRIVATE INTERNATIONAL LAW

1  As to consent based on the consent of the state is not based on the consent of the states.

2 As to conflict of laws does not involve in conflicts of laws  involves in the conflicts of laws.

3  As to nature same for all the states may be different in various states.

4 As to sources ..... ....

5  As to application applicable to criminal as well as civil cases. applicable to civil cases only, which
present themselves for accession of courts
of the state.
6  As to subject: deals with the .... deals with the ...

7  As to municipal law .... ....

8 As to jurisdiction does not involves determination on the determines court which will have
question of determination jurisdiction to decided issue in question
9  As to scope has wider scope. it is of universe character has lessor scope.
 SOURCE OF INT’L LAW
Base on Article 38(1) of the Statute of the International Court of Justice

1. TREATIES AS LAW
a. TREATIES AS CUSTOM
b. THE UNITED NATIONS CHARTER

2. INTERNATIONAL CUSTOM
a. STATE PRACTICE
b. PRACTICE BY INTERNATIONAL ORGANIZATIONS
c. OPINIO JURIS
d. JUS COGENS

3. GENERAL PRINCIPLES OF LAW

4. JUDICIAL DECISIONS AND JURISTIC WRITINGS

 HOURGLASS MODEL
DIFFERENCE CULTURAL &
ES
C. TRANSFORMATION STRUCTURAL
CONTRADICTION PEACE BUILDING
CA

C. SETTLEMENT
LAT

POLARIZATION PEACE MAKING

IO N

VIOLENCE C. CONTAINTMENT
PEACE KEEPING
APPROACH TO CONFLICT
WAR & PEACE OPERATION WAR LIMITATION
CEASE FIRE C. CONTAINTMENT PEACE KEEPING
IO N
LAT

AGREEMENT C. SETTLEMENT PEACE MAKING

CA
-ES

NORMALIZATION C. TRANSFORMATION CULTURAL &

DE

STRUCTURAL
RECONSILITION PEACE BUILDING
 Think of it:
EQUAL & EQUITY
JUSTICE & JUSTIFICATION
WANT & NEED
Women in Red Women in Red
 WEEK-4
President University, 2021 / Principles of International Law
 DEEPEN
UNDERSTANDING:
TREATY & INT’l
CUSTOM
FUNCTIONS OF TREATIES
1. Create norms which are basis
of international law
2. Law-making treaties
3. Foster collaboration (universal
and regional in scope)
4. Create shared expectations and
contractual agreements
AGEREMENT Less formal instrument which does not require the
concurrence of the State
TREATIES Deliberate form of commitment through
which the government cooperate
CONVENTION Used for formal, multilateral-treaty open for
participation by international community as a
whole
CHARTER Formal and solemn instruments such as the
constituent treaty of an international organization
PROTOCOL Less formal than a treaty or constitution, guidelines or
set of rules which supplements a treaty.
DECLARATION Not always legally binding, reflects customary
international law
 WEEK-5
President University, 2021 / Principles of International Law