Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
International Law
Miss E Siangandu
Learning Outcomes
1. The development of International Law (IL)
2. Nature of International Law
3. Legal persons/subjects of IL
Justice
The UN Charter
Article 2(4)
All members shall refrain in their international
relations from the threat or use of force against the
territorial integrity or political independence of any
state or in any other manner inconsistent with the
purposes of the United Nations
polar world
IL has continued to developed recently seeing
the increase of international criminal courts
and tribunals set up to try individuals for
violation of fundamental rights.
Industrial Revolution
Developments in trade and communication
Spread of democracy and nationalism and
Nature of International
Law- II
Hillier, Tim ( 1998:2) describes international
Nature of International
Law- III
International organisations & individuals may also
be subjects of IL
IL gradually developed from the second half of the
middle ages. This is because of a Dutch jurist
Hugo Grotius whose work (De jure Belli ac Pacis,
Libri iii- On the Law of War and Peace[1625])
become the basis for the development of IL
IL is sometimes referred to as public international
law to distinguish it from private international law
Public international law are rules and principles
which govern relations between states
Nature of International
Law- IV
Private international law are rules developed
Traditional view of IL
The traditional conception of IL as exclusively laws of nations for example;
Hall (1890) wrote IL consists of rules of conduct which modern civilised
of IL thus held;
IL governs relations between independent states. The rules of law binding
upon states therefore emanate from their own free will as expressed in
conventions or by usages accepted as expressing principles of law
Modern View I
Despite the fact that tradition IL has been developed as a
Modern View II
In 1949 the International Court of Justice was asked by the
Nations
Controversial subjects e.g. Corporations &
non- governmental Organisations (NGOs)
Individuals - Individuals as subjects of
international law
international criminal responsibility
international protection of human rights
Weakness of IL
The demands that IL makes for states are not pleasant
effectiveness
environmental challenges
dealing with humanitarian crises
Other?
Purpose of international law
Is there such as thing as the International
community
why and how should IL be regulated?