International law encompasses the rules, principles, and norms that govern relations between sovereign states and other international actors. It seeks to regulate interactions, promote cooperation, and maintain peace and security on a global scale. Unlike domestic law, it often lacks a centralized enforcement mechanism, relying on state consent and customary practices.
The primary sources include treaties (formal written agreements), customary international law (evidence of a general practice accepted as law), and general principles of law recognized by civilized nations. Judicial decisions and scholarly writings serve as subsidiary means for determining rules of law.
Traditionally, states were the sole subjects. However, international organizations (like the UN) and, to some extent, individuals (especially concerning human rights and international criminal law) are now recognized as subjects.
The principle of state sovereignty is fundamental, asserting each state’s supreme authority within its territory. The corollary is the principle of non-intervention, prohibiting interference in the internal affairs of other states.
Jus cogens refers to peremptory norms from which no derogation is permitted, such as prohibitions against genocide and torture. Erga omnes obligations are owed by states to the international community as a whole.
Agreements like the WTO’s framework govern global trade, setting rules for tariffs, subsidies, and dispute resolution. Investment law protects foreign investors and facilitates cross-border commerce.
Instruments like the Universal Declaration of Human Rights and the Geneva Conventions establish standards for protecting individuals and regulating conduct during armed conflict. International criminal law prosecutes perpetrators of grave offenses.
Treaties and agreements address transboundary pollution, biodiversity conservation, and climate change mitigation, showcasing international cooperation on shared environmental challenges.
A major challenge is enforcement. While mechanisms exist (e.g., the ICJ, Security Council), compliance often depends on the willingness of states to adhere to legal obligations. State consent plays a crucial role.
A common misconception is that international law undermines state sovereignty. In reality, states often voluntarily enter into international agreements, thereby shaping their own legal obligations.
Public international law governs relations between states and international organizations. Private international law deals with conflicts of laws in cases involving private individuals or corporations across borders.
Despite the lack of a global police force, international law functions as law through mechanisms like diplomacy, sanctions, reciprocity, and the jurisdiction of international courts, influencing state behavior.
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