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Dick's Guide to Knowledge: International law or the Law of Nations
| What is International Law? |
International law is a body of principle, customs and
agreements (such as treaties) which, while not statutory, sovereign states
consider abiding by because it is in their nation's best interest. |
| What does International Law do? |
International law provides order by describing and building
barriers to unacceptable international behavior and provides consistent and
reliable standards for peaceful resolution of disputes between states. |
| Why should a nation obey International Law? |
There is no universal international enforcement mechanism to
make nations obey international law. Nations abide by it for their own
best interests. |
| What is the positive/natural school of law. |
The positive school of law, expounded by men like
Cornelius
Van Bynkershoek, said that the positive law of nations could be found in
customs and written treaties. Naturalists, like Samuel Pufendorf,
denied positive law and maintained that international law was merely a law
of nature. |
| How is International Law enforced? |
Diplomatic protests,
mediation by a third party,
international tribunal,
universal or regional international agency,
sanctions,
use of force |
| Describe the history of International Law |
3100BC Umma and Lagash
Roman Law Jus Gentium, Jus Civile
1480-1546 Francisco De Vitoria - Indians had rights but the Spaniards had
Jus Gentium.
1548-1617 Francisco Suarez - jus gentium is more than simply natural law
1583-1645 Hugo Grotius - Father of International law
1648-1651 Treaty of Westphalia
1758 Vattel "Law of Nations"
1780 Bentham "International Law"
1793 Conventions of Paris (treatment of wounded)
1815 Congress of Vienna, redrew map of Europe
1823 Monroe Doctrine
1856 Peace of Paris, lasted until WWI
1863 Geneva Convention (treatment of wounded)
1872 Geneva Tribunal (civil war, Great Britain pays USA)
1919-1921 Treaty of Versailles, League of Nations
1932 WWII begins (Japan - Manchuria)
1935 Italy invades Abyssinia
1939 Hitler invades Poland
1946 UN established
|
| Who was Hugo Grotius? |
He lived 1583-1645 and is called the Father of International
law. Wrote Mare Liberum, and De Jure Belli ac Pacis Libri
Tres |
| What are the sources of International Law? |
1 International treaties (law
making; particular, regional - contract treaties, resolutions and declarations)
2 international custom or Customary Law (origin of rules, proof of
being true rule, evidence for rule, slow process, overcome by law making
treatment that does not violate jus cogens, goes back to Roman's jus gentium,
e.g. 3 mile limit)
3 General Principles
(so fundamental it is recognized in legal systems by
virtually all)
4 Evidence of International Law
(Judicial Decisions, National Court Decisions,
recommendations from International Conferences)
5 Comity (courtesy)
Writings of Publicists
Equity (balance,
fairness, proportionality, impartiality) |
| Treaty of Westphalia |
1648-1651 Treaty of Westphalia ended the Thirty Year War,
created the Netherlands, England acquired France's colonies, secularized
governments, all obliged to come to the aid of any one attacked, disputes to
be settled by arbitration |
| Congress of Vienna |
1815 Congress of Vienna, redrew map of Europe,
balanced power, codified and clarified International Law, Rhine, Rhone and
Seine international waterways, condemned slavery, joined Norway & Sweden,
Belgium & Holland, reduce Germany in size |
| Peace of Paris |
The 1856 Peace of Paris (after the Balkans
crisis and the Crimea and Franco-Prussian War, lasted until WWI. It
recognized self determination, prohibited privateering, required blockades
to be effective, gains in rights for neutrals |
| What are the principles of International Law? |
Sovereignty
Consent |
| Jus Cogens |
Preemptory laws |
| International vs. Municipal Law |
Municipal law is the law of individual nations
which, according to the Monistic view is beneath International Law, as
opposed to the dualism view that they are separate. |
| Status of States under International Law |
Under international law nation states and treaty
created organizations have legal personalities and legal obligations and
rights and privileges to international settlements by institutions. |
| Types of States |
1..Unitary states have one
central source of power.
2..Federal States have 2 or more governments
but international law only concerns the federal government
3..Confederations consist of two or more
sovereign states joining together without forming a single government and
international law recognizes each state as sovereign.
4..Permanently neutral states (Switzerland
before joining EU and UN), Austria, Belgium (until 1914), Sweden, Costa
Rica, Finland)
5..Neutralized states like Laos
6..Independent states like the Vatican
7..Dwarf states like Monaco, Lichtenstein, San
Marino
8..Mini-states like islands including Dominica,
Tubulu, Naru
9.. Condominiums are ruled by two countries are
NOT part of the international community. These include states like Andorra
(run by France and Spain), the New Hebrides (run by the UK and France, but
now independent)
|
| Requirements to be a state |
1..Settled and inhabited with boundaries
2..Organized under a government that can make international agreements
3..Independent, so not Palestine, but nations may willing give some
sovereignty to organizations like the E.U., or other states (e.g. Monaco
uses France for military protection) |
| Requirements for a government |
1..must represent population
2..must be able to control population without violating human rights
3..must have likelihood of permanence |
| Requirements for a government - permanent organ |
1. Head of state
2. Head of government
3. Diplomatic Service
4. Consular Service
5. SOME armed forces |
| Countries not recognized by USA do not legally
exist |
North Korea, Libya, Cuba, Somalia, Sudan |
| Express Recognition of a new state |
1. Treaties
2. Formal statement |
| Implied Recognition of a new state |
1. Communications between heads of states
2. Exchange of diplomats - the higher the more likely this fulfills intent
of implied recognition
3.Acknowlegement or salute of flag
4. Conclusion of an agreement
5. Acceding to the existence of a claim |
| Types of recognition |
1. De Jure means a
state has come into being lawfully. East Germany is an example of one
that did not come into being legally.
2. De Facto recognition means a state is
recognized, even though it may simply be a subset of a country in rebellion.
3. Collective recognition is by many nations in
a multi-lateral or peace treaty
4. Conditional recognition means we recognize
you WHEN and IF |
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Amann, Richard. Dick's Guide to International law or the Law of Nations. Online. Dick's Guides
Publications. Available:
http://dicksguides.com/International law or the Law of Nations.htm
Date of your visit to the site
As additional information I provide on my pages the following information,
Published: September 15, 2002. Last Update:
Format 2, (Article based information)
Amann, Richard. "Dick's Guide to International law or the Law of Nations"; Dick's Guide to Knowledge,
September 15, 2002 : 930
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