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{{Short description|Generally accepted rules, norms and standards in international relations}} |
{{Short description|Generally accepted rules, norms and standards in international relations}} |
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{{Redirect|Law of Nations|the 18th-century political treatise|The Law of Nations}} |
{{Redirect|Law of Nations|the 18th-century political treatise|The Law of Nations}} |
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'''International law''', also known as '''public international law''' and '''law of nations''',<ref>{{Cite web|url=https://www.britannica.com/topic/international-law|title=International law|website=Encyclopedia Britannica|language=en|access-date=2019-04-26}}</ref> is the set of rules, norms, and standards generally |
'''International law''', also known as '''public international law''' and '''law of nations''',<ref>{{Cite web|url=https://www.britannica.com/topic/international-law|title=International law|website=Encyclopedia Britannica|language=en|access-date=2019-04-26|archive-date=2019-06-29|archive-url=https://web.archive.org/web/20190629162822/https://www.britannica.com/topic/international-law|url-status=live}}</ref> is the set of rules, norms, and standards generally recognized as binding between [[nation]]s.<ref name="definition – international law">{{cite web|title=''international law''|url=http://www.thefreedictionary.com/international+law|publisher=Houghton Mifflin Company.|access-date=13 September 2011|archive-date=5 December 2011|archive-url=https://web.archive.org/web/20111205053746/http://www.thefreedictionary.com/international+law|url-status=live}}</ref><ref>The term was first used by [[Jeremy Bentham]] in his "Introduction to the Principles of Morals and Legislation" in 1780. See {{Citation|last=Bentham|first=Jeremy|author-link=Jeremy Bentham|year=1789|title=An Introduction to the Principles of Morals and Legislation|publisher=T. Payne|publication-date=1789|location=London|pages=6|url=http://gallica.bnf.fr/ark:/12148/bpt6k93974k/f40.image.r=.langEN|access-date=2012-12-05|archive-date=2012-12-11|archive-url=https://web.archive.org/web/20121211101825/http://gallica.bnf.fr/ark:/12148/bpt6k93974k/f40.image.r=.langEN|url-status=live |
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}}</ref> It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, trade, and human rights. International law aims to promote the practice of stable, consistent, and organized international relations.<ref>{{cite book|title=Fundamental Perspectives on International Law|last=Slomanson|first=William|publisher=Wadsworth|year=2011|location=Boston, USA|pages=4–5}}</ref> |
}}</ref> It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, trade, and human rights. International law aims to promote the practice of stable, consistent, and organized international relations.<ref>{{cite book|title=Fundamental Perspectives on International Law|last=Slomanson|first=William|publisher=Wadsworth|year=2011|location=Boston, USA|pages=4–5}}</ref> |
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== Terminology == |
== Terminology == |
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The term "international law" is sometimes divided into "public" and "private" international law, particularly by civil law scholars, who seek to follow a Roman tradition.<ref>There is an ongoing debate on the relationship between different branches of international law. {{cite journal|last1=Koskenniemi|first1=Marti|date=September 2002|title=Fragmentation of International Law? Postmodern Anxieties|journal=Leiden Journal of International Law|volume=15|issue=3|pages=553–579|doi=10.1017/S0922156502000262|s2cid=146783448}} {{cite journal|last1=Yun|first1=Seira|date=2014|title=Breaking Imaginary Barriers: Obligations of Armed Non-State Actors Under General Human Rights Law – The Case of the Optional Protocol to the Convention on the Rights of the Child|journal=Journal of International Humanitarian Legal Studies|volume=5|issue=1–2|pages=213–257|ssrn=2556825|doi=10.1163/18781527-00501008}}</ref> Roman lawyers would have further distinguished ''[[jus gentium]]'', the law of nations, and ''[[jus inter gentes]]'', agreements between nations. On this view, "public" international law is said to cover relations between nation-states and includes fields such as [[treaty law]], [[law of sea]], [[international criminal law]], the [[laws of war]] or [[international humanitarian law]], [[international human rights law]], and [[refugee law]]. By contrast "private" international law, which is more commonly termed "[[conflict of laws]]", concerns whether courts within countries claim jurisdiction over cases with a foreign element, and which country's law applies.<ref>{{cite web|url=http://www.oas.org/en/sla/dil/private_international_law.asp| |
The term "international law" is sometimes divided into "public" and "private" international law, particularly by civil law scholars, who seek to follow a Roman tradition.<ref>There is an ongoing debate on the relationship between different branches of international law. {{cite journal|last1=Koskenniemi|first1=Marti|date=September 2002|title=Fragmentation of International Law? Postmodern Anxieties|journal=Leiden Journal of International Law|volume=15|issue=3|pages=553–579|doi=10.1017/S0922156502000262|s2cid=146783448}} {{cite journal|last1=Yun|first1=Seira|date=2014| title=Breaking Imaginary Barriers: Obligations of Armed Non-State Actors Under General Human Rights Law – The Case of the Optional Protocol to the Convention on the Rights of the Child|journal=Journal of International Humanitarian Legal Studies|volume=5|issue=1–2|pages=213–257|ssrn=2556825|doi=10.1163/18781527-00501008}}</ref> Roman lawyers would have further distinguished ''[[jus gentium]]'', the law of nations, and ''[[jus inter gentes]]'', agreements between nations. On this view, "public" international law is said to cover relations between nation-states and includes fields such as [[treaty law]], [[law of sea]], [[international criminal law]], the [[laws of war]] or [[international humanitarian law]], [[international human rights law]], and [[refugee law]]. By contrast "private" international law, which is more commonly termed "[[conflict of laws]]", concerns whether courts within countries claim jurisdiction over cases with a foreign element, and which country's law applies.<ref>{{cite web|date=August 2009|title=Private International Law|url=http://www.oas.org/en/sla/dil/private_international_law.asp|url-status=live|archive-url=https://web.archive.org/web/20210521074532/http://www.oas.org/en/sla/dil/private_international_law.asp|archive-date=21 May 2021|access-date=27 December 2017|website=Oas.org}}</ref> |
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When the modern system of (public) international law developed out of the tradition of the late medieval ''ius gentium,'' it was referred to as ''the law of nations,'' a direct translation of the concept ''ius gentium used'' by [[Hugo Grotius]] and ''droits des gens'' of [[Emer de Vattel]]. The modern term ''international law'' was invented by [[Jeremy Bentham]] in 1789 and established itself in the 19th century.<ref>{{Cite book|last=Crawford|first=James|title=Brownlie's Principles of Public International Law|publisher=Oxford University Press|year=2012|isbn=9780199699698|pages=3} |
When the modern system of (public) international law developed out of the tradition of the late medieval ''ius gentium,'' it was referred to as ''the law of nations,'' a direct translation of the concept ''ius gentium used'' by [[Hugo Grotius]] and ''droits des gens'' of [[Emer de Vattel]]. The modern term ''international law'' was invented by [[Jeremy Bentham]] in 1789 and established itself in the 19th century.<ref>{{Cite book|last=Crawford|first=James|title=Brownlie's Principles of Public International Law|publisher=Oxford University Press|year=2012|isbn=9780199699698| pages=3} </ref> |
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A more recent concept is "[[supranational law]]", which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system to which the nation has a [[treaty]] obligation.<ref>{{cite web|url=http://www.inquiriesjournal.com/articles/883/the-sovereignty-of-the-european-court-of-justice-and-the-eus-supranational-legal-system|title=The Sovereignty of the European Court of Justice and the EU's Supranational Legal System|author=Kolcak, Hakan|website=Inquiriesjournal.com|access-date=27 December 2017}}</ref> Systems of [[Supranational law|supranational]] law arise when nations explicitly cede their right to make certain judicial decisions to a common tribunal.<ref name="Degan1997">{{cite book|url=https://books.google.com/books?id=K0pTp1qCc9UC&pg=PA126|title=Sources of International Law|last=Degan|first=Vladimir Đuro|date=1997-05-21|publisher=Martinus Nijhoff Publishers|isbn= |
A more recent concept is "[[supranational law]]", which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system to which the nation has a [[treaty]] obligation.<ref>{{cite web|url=http://www.inquiriesjournal.com/articles/883/the-sovereignty-of-the-european-court-of-justice-and-the-eus-supranational-legal-system|title=The Sovereignty of the European Court of Justice and the EU's Supranational Legal System|author=Kolcak, Hakan|website=Inquiriesjournal.com|access-date=27 December 2017|archive-date=19 October 2017|archive-url=https://web.archive.org/web/20171019215816/http://www.inquiriesjournal.com/articles/883/the-sovereignty-of-the-european-court-of-justice-and-the-eus-supranational-legal-system|url-status=live}}</ref> Systems of [[Supranational law|supranational]] law arise when nations explicitly cede their right to make certain judicial decisions to a common tribunal.<ref name="Degan1997">{{cite book|url=https://books.google.com/books?id=K0pTp1qCc9UC&pg=PA126|title=Sources of International Law|last=Degan|first=Vladimir Đuro|date=1997-05-21|publisher=Martinus Nijhoff Publishers|isbn=978-90-411-0421-2|page=126|access-date=5 December 2015|archive-date=2016-04-27|archive-url=https://web.archive.org/web/20160427221053/https://books.google.com/books?id=K0pTp1qCc9UC&pg=PA126|url-status=live}}</ref> The decisions of the common tribunal are directly effective in each party nation, and have priority over decisions taken by national courts.<ref name="Blanpain2010">{{cite book|url=https://books.google.com/books?id=ahaoKRbqPdMC&pg=PA410|title=Comparative Labour Law and Industrial Relations in Industrialized Market Economies|last=Blanpain|first=Roger|publisher=Kluwer Law International|year=2010|isbn=978-90-411-3348-9|pages=410 n.61|access-date=5 December 2015|archive-date=2 May 2016|archive-url=https://web.archive.org/web/20160502133355/https://books.google.com/books?id=ahaoKRbqPdMC&pg=PA410|url-status=live}}</ref> The [[European Union]] is most prominent example of an international treaty organization that implements a supranational legal framework, with the [[European Court of Justice]] having supremacy over all member-nation courts in matter of [[European Union law]]. |
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The term "transnational law" is sometimes used to a body of rules of [[private law]] that transcend the nation state.<ref>{{Cite journal|last=Cotterrell|first=Roger|date=2012-03-01|title=What Is Transnational Law?|journal=Law & Social Inquiry|language=en|volume=37|issue=2|pages=500–524|doi=10.1111/j.1747-4469.2012.01306.x|s2cid=146474315|issn=1747-4469|url=https://qmro.qmul.ac.uk/xmlui/handle/123456789/68847}}</ref> |
The term "transnational law" is sometimes used to a body of rules of [[private law]] that transcend the nation state.<ref>{{Cite journal|last=Cotterrell|first=Roger|date=2012-03-01|title=What Is Transnational Law?|journal=Law & Social Inquiry|language=en|volume=37|issue=2|pages=500–524|doi=10.1111/j.1747-4469.2012.01306.x|s2cid=146474315|issn=1747-4469|url=https://qmro.qmul.ac.uk/xmlui/handle/123456789/68847|access-date=2021-06-05|archive-date=2021-07-19|archive-url=https://web.archive.org/web/20210719060850/https://qmro.qmul.ac.uk/xmlui/handle/123456789/68847|url-status=live}}</ref> |
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== History == |
== History == |
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Beginning with the [[Spring and Autumn period]] of the eighth century BCE, China was divided into numerous states that were often at war with each other. Subsequently, there emerged rules for diplomacy and treaty-making, including notions regarding the just grounds for war, the rights of neutral parties, and the consolidation and partition of states; these concepts were sometimes applied to relations with "barbarians" along China's western periphery beyond the Central Plains.<ref>{{Cite journal|last=deLisle|first=Jacques|date=2000|title=China's Approach to International Law: A Historical Perspective|journal=Proceedings of the Annual Meeting (American Society of International Law)|volume=94|pages=267–275|issn=0272-5037|jstor=25659409|doi=10.1017/S0272503700055956|s2cid=159187569}}</ref> The subsequent [[Warring States period]] saw the development of two major schools of thought, [[Confucianism]] and [[Legalism (Chinese philosophy)|Legalism]], both of which held that the domestic and international legal spheres were closely interlinked, and sought to establish competing normative principles to guide foreign relations. Similarly, the [[Indian subcontinent]] was characterized by an ever-changing panoply of states, which over time developed rules of neutrality, treaty law, and international conduct. Embassies both temporary and permanent were established between states to maintain diplomatic relations, and relations were conducted with distant states in Europe and East Asia.<ref>{{Cite journal|last=Alexander|first=C. H.|date=1952|title=International Law in India|journal=The International and Comparative Law Quarterly|volume=1|issue=3|pages=289–300|issn=0020-5893|jstor=755410|doi=10.1093/iclqaj/1.Pt3.289}}</ref> |
Beginning with the [[Spring and Autumn period]] of the eighth century BCE, China was divided into numerous states that were often at war with each other. Subsequently, there emerged rules for diplomacy and treaty-making, including notions regarding the just grounds for war, the rights of neutral parties, and the consolidation and partition of states; these concepts were sometimes applied to relations with "barbarians" along China's western periphery beyond the Central Plains.<ref>{{Cite journal|last=deLisle|first=Jacques|date=2000|title=China's Approach to International Law: A Historical Perspective|journal=Proceedings of the Annual Meeting (American Society of International Law)|volume=94|pages=267–275|issn=0272-5037|jstor=25659409|doi=10.1017/S0272503700055956|s2cid=159187569}}</ref> The subsequent [[Warring States period]] saw the development of two major schools of thought, [[Confucianism]] and [[Legalism (Chinese philosophy)|Legalism]], both of which held that the domestic and international legal spheres were closely interlinked, and sought to establish competing normative principles to guide foreign relations. Similarly, the [[Indian subcontinent]] was characterized by an ever-changing panoply of states, which over time developed rules of neutrality, treaty law, and international conduct. Embassies both temporary and permanent were established between states to maintain diplomatic relations, and relations were conducted with distant states in Europe and East Asia.<ref>{{Cite journal|last=Alexander|first=C. H.|date=1952|title=International Law in India|journal=The International and Comparative Law Quarterly|volume=1|issue=3|pages=289–300|issn=0020-5893|jstor=755410|doi=10.1093/iclqaj/1.Pt3.289}}</ref> |
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Following the [[Collapse of the Western Roman Empire|collapse of the western Roman Empire]] in the fifth century CE, Europe fragmented into numerous often-warring states for much of the next five centuries. Political power was dispersed across a range of entities, including the [[Catholic Church|Church]], mercantile city-states, and kingdoms, most of which had overlapping and ever-changing jurisdictions. As in China and India, these divisions prompted the development of rules aimed at providing stable and predictable relations. Early examples include [[canon law]], which governed [[Ecclesiology|ecclesiastical]] institutions and clergy throughout Europe; the ''[[lex mercatoria]]'' ("merchant law"), which concerned trade and commerce; and various codes of [[maritime law]], such as the [[Rolls of Oléron]]—<nowiki/>which drew from the ancient Roman [[Byzantine law#The Sea Laws|''Lex Rhodia'']]—and the [[Laws of Wisbuy|Laws of Wisby]] (Visby), enacted among the commercial [[Hanseatic League]] of northern Europe and the Baltic region.<ref>{{Cite book|url=https://books.google.com/books?id=hOVRAAAAcAAJ&pg=PA13|title=A Law Dictionary: Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union : with References to the Civil and Other Systems of Foreign Law : to which is Added Kelham's Dictionary of the Norman and Old French Lanuage|last=Bouvier|first=John|date=1864|publisher=G.W. Childs|language=en}}</ref> |
Following the [[Collapse of the Western Roman Empire|collapse of the western Roman Empire]] in the fifth century CE, Europe fragmented into numerous often-warring states for much of the next five centuries. Political power was dispersed across a range of entities, including the [[Catholic Church|Church]], mercantile city-states, and kingdoms, most of which had overlapping and ever-changing jurisdictions. As in China and India, these divisions prompted the development of rules aimed at providing stable and predictable relations. Early examples include [[canon law]], which governed [[Ecclesiology|ecclesiastical]] institutions and clergy throughout Europe; the ''[[lex mercatoria]]'' ("merchant law"), which concerned trade and commerce; and various codes of [[maritime law]], such as the [[Rolls of Oléron]]—<nowiki/>which drew from the ancient Roman [[Byzantine law#The Sea Laws|''Lex Rhodia'']]—and the [[Laws of Wisbuy|Laws of Wisby]] (Visby), enacted among the commercial [[Hanseatic League]] of northern Europe and the Baltic region.<ref>{{Cite book|url=https://books.google.com/books?id=hOVRAAAAcAAJ&pg=PA13|title=A Law Dictionary: Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union : with References to the Civil and Other Systems of Foreign Law : to which is Added Kelham's Dictionary of the Norman and Old French Lanuage|last=Bouvier|first=John|date=1864|publisher=G.W. Childs|language=en|access-date=2019-05-03|archive-date=2019-12-28|archive-url=https://web.archive.org/web/20191228041626/https://books.google.com/books?id=hOVRAAAAcAAJ&pg=PA13|url-status=live}}</ref> |
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Concurrently, in the [[Islamic world]], foreign relations were guided based on the division of the world into three categories: The ''[[Divisions of the world in Islam|dar al-Islam]]'' (territory of Islam), where Islamic law prevailed; ''dar al-sulh'' (territory of treaty), non-Islamic realms that have concluded an armistice with a Muslim government; and ''dar al-harb'' (territory of war), non-Islamic lands whose rulers are called upon to accept Islam''.''<ref>[http://www.oxfordislamicstudies.com/article/opr/t125/e491 Dar al-Islam] The Oxford Dictionary of Islam {{verify source |date=August 2019 |reason=This ref was deleted ([[Special:Diff/899570354]]) by a bug in VisualEditor and later restored by a bot from the original cite at [[Special:Permalink/893933828]] cite #3 - please verify the cite's accuracy and remove this {verify source} template. [[User:GreenC bot/Job 18]]}}</ref><ref>[http://www.oxfordislamicstudies.com/article/opr/t125/e496 Dar al-Sulh] The Oxford Dictionary of Islam {{verify source |date=August 2019 |reason=This ref was deleted ([[Special:Diff/899570354]]) by a bug in VisualEditor and later restored by a bot from the original cite at [[Special:Permalink/893933828]] cite #4 - please verify the cite's accuracy and remove this {verify source} template. [[User:GreenC bot/Job 18]]}}</ref> Under the early [[Caliphate]] of the seventh century C.E., [[Islamic law|Islamic legal principles]] concerning [[Islamic military jurisprudence|military conduct]] and the treatment of [[prisoners of war]] served as precursors to modern [[international humanitarian law]]. Islamic law in this period institutionalised humanitarian limitations on military conduct, including attempts to limit the severity of war, guidelines for ceasing hostilities, distinguishing between civilians and combatants, preventing unnecessary destruction, and caring for the sick and wounded.<ref>{{cite book |last1=Saeed |first1=Abdullah |title=Human Rights and Islam: An Introduction to Key Debates between Islamic Law and International Human Rights Law |date=2018 |publisher=[[Edward Elgar Publishing]] |isbn= |
Concurrently, in the [[Islamic world]], foreign relations were guided based on the division of the world into three categories: The ''[[Divisions of the world in Islam|dar al-Islam]]'' (territory of Islam), where Islamic law prevailed; ''dar al-sulh'' (territory of treaty), non-Islamic realms that have concluded an armistice with a Muslim government; and ''dar al-harb'' (territory of war), non-Islamic lands whose rulers are called upon to accept Islam''.''<ref>[http://www.oxfordislamicstudies.com/article/opr/t125/e491 Dar al-Islam] {{Webarchive|url=https://web.archive.org/web/20190902141015/http://www.oxfordislamicstudies.com/article/opr/t125/e491 |date=2019-09-02 }} The Oxford Dictionary of Islam {{verify source |date=August 2019 |reason=This ref was deleted ([[Special:Diff/899570354]]) by a bug in VisualEditor and later restored by a bot from the original cite at [[Special:Permalink/893933828]] cite #3 - please verify the cite's accuracy and remove this {verify source} template. [[User:GreenC bot/Job 18]]}}</ref><ref>[http://www.oxfordislamicstudies.com/article/opr/t125/e496 Dar al-Sulh] {{Webarchive|url=https://web.archive.org/web/20191103010408/http://www.oxfordislamicstudies.com/article/opr/t125/e496 |date=2019-11-03 }} The Oxford Dictionary of Islam {{verify source |date=August 2019 |reason=This ref was deleted ([[Special:Diff/899570354]]) by a bug in VisualEditor and later restored by a bot from the original cite at [[Special:Permalink/893933828]] cite #4 - please verify the cite's accuracy and remove this {verify source} template. [[User:GreenC bot/Job 18]]}}</ref> Under the early [[Caliphate]] of the seventh century C.E., [[Islamic law|Islamic legal principles]] concerning [[Islamic military jurisprudence|military conduct]] and the treatment of [[prisoners of war]] served as precursors to modern [[international humanitarian law]]. Islamic law in this period institutionalised humanitarian limitations on military conduct, including attempts to limit the severity of war, guidelines for ceasing hostilities, distinguishing between civilians and combatants, preventing unnecessary destruction, and caring for the sick and wounded.<ref>{{cite book |last1=Saeed |first1=Abdullah |title=Human Rights and Islam: An Introduction to Key Debates between Islamic Law and International Human Rights Law |date=2018 |publisher=[[Edward Elgar Publishing]] |isbn=978-1-78471-658-5 |page=299 |url=https://books.google.com/books?id=9ChWDwAAQBAJ&pg=PT299 |access-date=2019-05-09 |archive-date=2020-01-05 |archive-url=https://web.archive.org/web/20200105042441/https://books.google.com/books?id=9ChWDwAAQBAJ&pg=PT299 |url-status=live }}</ref> The many requirements on how prisoners of war should be treated included providing shelter, food and clothing, respecting their cultures, and preventing any acts of execution, rape, or revenge. Some of these principles were not codified in [[Western world|Western]] international law until modern times.<ref>{{cite book |last1=Malekian|first1=Farhad|title=Principles of Islamic International Criminal Law: A Comparative Search|date=2011|publisher=[[Brill Publishers|BRILL]]|isbn=978-90-04-20396-9|page=335|url=https://books.google.com/books?id=MPNamMveFVMC&pg=PA335|access-date=2019-05-09|archive-date=2019-12-31 |archive-url=https://web.archive.org/web/20191231212648/https://books.google.com/books?id=MPNamMveFVMC&pg=PA335|url-status=live}}</ref> |
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During the European [[Middle Ages]], international law was concerned primarily with the purpose and legitimacy of war, seeking to determine what constituted a [[Just war theory|"just war]]". For example, the theory of armistice held the nation that caused unwarranted war could not enjoy the right to obtain or conquer trophies that were legitimate at the time.<ref>Randall Lesaffer, “Too Much History: from War as Sanction to the Sanctioning of War”, in Marc Weller (ed.), The Oxford Handbook of the Use of Force in International Law (Oxford: Oxford University Press, 2015), p.37-38</ref> The Greco-Roman concept of natural law was combined with religious principles by Jewish philosopher [[Moses Maimonides]] (1135–1204) and Christian theologian [[Thomas Aquinas]] (1225–1274) to create the new discipline of the "law of nations", which unlike its eponymous Roman predecessor applied natural law to relations between states. In Islam, a similar framework was developed wherein the law of nations was derived, in part, from the principles and rules set forth in treaties with non-Muslims.<ref>{{Cite journal|last=Khadduri|first=Majid|date=1956|title=Islam and the Modern Law of Nations|journal=The American Journal of International Law|volume=50|issue=2|pages=358–372|doi=10.2307/2194954|issn=0002-9300|jstor=2194954}}</ref> |
During the European [[Middle Ages]], international law was concerned primarily with the purpose and legitimacy of war, seeking to determine what constituted a [[Just war theory|"just war]]". For example, the theory of armistice held the nation that caused unwarranted war could not enjoy the right to obtain or conquer trophies that were legitimate at the time.<ref>Randall Lesaffer, “Too Much History: from War as Sanction to the Sanctioning of War”, in Marc Weller (ed.), The Oxford Handbook of the Use of Force in International Law (Oxford: Oxford University Press, 2015), p.37-38</ref> The Greco-Roman concept of natural law was combined with religious principles by Jewish philosopher [[Moses Maimonides]] (1135–1204) and Christian theologian [[Thomas Aquinas]] (1225–1274) to create the new discipline of the "law of nations", which unlike its eponymous Roman predecessor applied natural law to relations between states. In Islam, a similar framework was developed wherein the law of nations was derived, in part, from the principles and rules set forth in treaties with non-Muslims.<ref>{{Cite journal|last=Khadduri|first=Majid|date=1956|title=Islam and the Modern Law of Nations|journal=The American Journal of International Law|volume=50|issue=2|pages=358–372|doi=10.2307/2194954|issn=0002-9300|jstor=2194954}}</ref> |
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The Italian peninsula, divided among various city-states with complex and often fractious relationships, was subsequently an early incubator of international law theory. Jurist and law professor [[Bartolus de Saxoferrato|Bartolus da Saxoferrato]] (1313–1357), who was well versed in Roman and Byzantine law, contributed to the increasingly relevant area of "[[Conflict of laws|conflicts of law]]", which concerns disputes between private individuals and entities in different sovereign jurisdictions; he is thus considered the founder of [[private international law]]. Another Italian jurist and law professor, [[Baldus de Ubaldis]] (1327–1400), provided voluminous commentaries and compilations of Roman, ecclesiastical, and [[feudal law]], thus creating an organized source of law that could be referenced by different nations. The most famous contributor from the region, [[Alberico Gentili]] (1552–1608), is considered a founder of international law, authoring one of the earliest works on the subject, ''De Legationibus Libri Tres'', in 1585. He wrote several more books on various issues in international law, notably ''De jure belli libri tres'' (''Three Books on the Law of War''), which provided comprehensive commentary on the laws of war and treaties, [[File:Grotius - De jure belli ac pacis, 1680 - 206.tif|thumb|Hugo Grotius' ''De jure belli ac pacis'', is considered one of the foundational texts of international law. (Pictured is the title page from the second edition of 1631).]]Spain, whose [[Spanish Empire|global empire]] spurred [[Spanish Golden Age|a golden age]] of economic and intellectual development in the 16th and 17th centuries, produced major contributors to international law. [[Francisco de Vitoria]] (1486–1546), who was concerned with the treatment of the indigenous peoples by Spain, invoked the law of nations as a basis for their innate dignity and rights, articulating an early version of sovereign equality between peoples. [[Francisco Suárez]] (1548–1617) emphasized that international law was founded upon the law of nature. |
The Italian peninsula, divided among various city-states with complex and often fractious relationships, was subsequently an early incubator of international law theory. Jurist and law professor [[Bartolus de Saxoferrato|Bartolus da Saxoferrato]] (1313–1357), who was well versed in Roman and Byzantine law, contributed to the increasingly relevant area of "[[Conflict of laws|conflicts of law]]", which concerns disputes between private individuals and entities in different sovereign jurisdictions; he is thus considered the founder of [[private international law]]. Another Italian jurist and law professor, [[Baldus de Ubaldis]] (1327–1400), provided voluminous commentaries and compilations of Roman, ecclesiastical, and [[feudal law]], thus creating an organized source of law that could be referenced by different nations. The most famous contributor from the region, [[Alberico Gentili]] (1552–1608), is considered a founder of international law, authoring one of the earliest works on the subject, ''De Legationibus Libri Tres'', in 1585. He wrote several more books on various issues in international law, notably ''De jure belli libri tres'' (''Three Books on the Law of War''), which provided comprehensive commentary on the laws of war and treaties, [[File:Grotius - De jure belli ac pacis, 1680 - 206.tif|thumb|Hugo Grotius' ''De jure belli ac pacis'', is considered one of the foundational texts of international law. (Pictured is the title page from the second edition of 1631).]]Spain, whose [[Spanish Empire|global empire]] spurred [[Spanish Golden Age|a golden age]] of economic and intellectual development in the 16th and 17th centuries, produced major contributors to international law. [[Francisco de Vitoria]] (1486–1546), who was concerned with the treatment of the indigenous peoples by Spain, invoked the law of nations as a basis for their innate dignity and rights, articulating an early version of sovereign equality between peoples. [[Francisco Suárez]] (1548–1617) emphasized that international law was founded upon the law of nature. |
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The Dutch jurist [[Hugo Grotius]] (1583–1645) is widely regarded as the most seminal figure in international law, being one of the first scholars to articulate an international order that consists of a "society of states" governed not by [[force]] or [[warfare]] but by actual laws, mutual agreements, and customs.<ref>Hedley Bull; [[Adam Roberts (scholar)|Adam Roberts]]; Benedict Kingsbury) (eds.). ''Hugo Grotius and International Relations''. Oxford: Oxford UP. {{ISBN|978-0-19-825569-7}}.</ref> Grotius secularized international law and organized it into a comprehensive system; his 1625 work, ''[[De jure belli ac pacis|De Jure Belli ac Pacis]]'' (''On the Law of War and Peace''), laid down a system of [[Sources of international law|principles of natural law]] that bind all nations regardless of local custom or law. He also emphasized the [[Freedom of the seas|freedom of the high seas]], which was not only relevant to the growing number of European states exploring and colonising the world, but remains a cornerstone of international law today. Although the modern study of international law would not begin until the early 19th century, the 16th-century scholars Gentili, Vitoria and Grotius laid the foundations and are widely regarded as the "fathers of international law."<ref name="Jr.20122">{{cite book|url=https://books.google.com/books?id=jYvmAgAAQBAJ|title=How the Catholic Church Built Western Civilization|author=Thomas Woods Jr.|date=18 September 2012|publisher=Regnery Publishing, Incorporated, An Eagle Publishing Company|isbn=978-1-59698-328-1|pages=5, 141–142}}</ref> |
The Dutch jurist [[Hugo Grotius]] (1583–1645) is widely regarded as the most seminal figure in international law, being one of the first scholars to articulate an international order that consists of a "society of states" governed not by [[force]] or [[warfare]] but by actual laws, mutual agreements, and customs.<ref>Hedley Bull; [[Adam Roberts (scholar)|Adam Roberts]]; Benedict Kingsbury) (eds.). ''Hugo Grotius and International Relations''. Oxford: Oxford UP. {{ISBN|978-0-19-825569-7}}.</ref> Grotius secularized international law and organized it into a comprehensive system; his 1625 work, ''[[De jure belli ac pacis|De Jure Belli ac Pacis]]'' (''On the Law of War and Peace''), laid down a system of [[Sources of international law|principles of natural law]] that bind all nations regardless of local custom or law. He also emphasized the [[Freedom of the seas|freedom of the high seas]], which was not only relevant to the growing number of European states exploring and colonising the world, but remains a cornerstone of international law today. Although the modern study of international law would not begin until the early 19th century, the 16th-century scholars Gentili, Vitoria and Grotius laid the foundations and are widely regarded as the "fathers of international law."<ref name="Jr.20122">{{cite book|url=https://books.google.com/books?id=jYvmAgAAQBAJ|title=How the Catholic Church Built Western Civilization|author=Thomas Woods Jr.|date=18 September 2012|publisher=Regnery Publishing, Incorporated, An Eagle Publishing Company|isbn=978-1-59698-328-1|pages=5, 141–142|access-date=14 November 2015|archive-date=7 May 2016|archive-url=https://web.archive.org/web/20160507014932/https://books.google.com/books?id=jYvmAgAAQBAJ|url-status=live}}</ref> |
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Grotius inspired two nascent schools of international law, the naturalists and the positivists. In the former camp was German jurist [[Samuel von Pufendorf]] (1632–94), who stressed the supremacy of the law of nature over states. His 1672 work, ''De iure naturae et gentium,'' expanded on the theories of Grotius and grounded natural law to [[reason]] and the secular world, asserting that it regulates only the external acts of states. Pufendorf challenged the [[Hobbesian|Hobbesian notion]] that the state of nature was one of war and conflict, arguing that the natural state of the world is actually peaceful but weak and uncertain without adherence to the law of nations. The actions of a state consist of nothing more than the sum of the individuals within that state, thereby requiring the state to apply a fundamental law of reason, which is the basis of natural law. He was among the earliest scholars to expand international law beyond European Christian nations, advocating for its application and recognition among all peoples on the basis of shared humanity. |
Grotius inspired two nascent schools of international law, the naturalists and the positivists. In the former camp was German jurist [[Samuel von Pufendorf]] (1632–94), who stressed the supremacy of the law of nature over states. His 1672 work, ''De iure naturae et gentium,'' expanded on the theories of Grotius and grounded natural law to [[reason]] and the secular world, asserting that it regulates only the external acts of states. Pufendorf challenged the [[Hobbesian|Hobbesian notion]] that the state of nature was one of war and conflict, arguing that the natural state of the world is actually peaceful but weak and uncertain without adherence to the law of nations. The actions of a state consist of nothing more than the sum of the individuals within that state, thereby requiring the state to apply a fundamental law of reason, which is the basis of natural law. He was among the earliest scholars to expand international law beyond European Christian nations, advocating for its application and recognition among all peoples on the basis of shared humanity. |
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== Sources of international law == |
== Sources of international law == |
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{{Main|Sources of international law|List of ICJ cases}} |
{{Main|Sources of international law|List of ICJ cases}} |
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Sources of international law have been influenced by a range of political and legal theories. During the 20th century, it was recognized by legal [[legal positivism|positivists]] that a [[sovereign state]] could limit its authority to act by consenting to an agreement according to the contract principle ''[[pacta sunt servanda]]''. This consensual view of international law was reflected in the 1920 Statute of the Permanent Court of International Justice, and remains preserved in Article 7 of the ICJ Statute.<ref>[https://www.un.org/en/documents/charter/index.shtml ''Charter of the United Nations''], United Nations, 24 October 1945, 1 UNTS, XVI</ref> The [[sources of international law]] applied by the community of nations are listed under Article 38 of the [[Statute of the International Court of Justice]], which is considered authoritative in this regard: |
Sources of international law have been influenced by a range of political and legal theories. During the 20th century, it was recognized by legal [[legal positivism|positivists]] that a [[sovereign state]] could limit its authority to act by consenting to an agreement according to the contract principle ''[[pacta sunt servanda]]''. This consensual view of international law was reflected in the 1920 Statute of the Permanent Court of International Justice, and remains preserved in Article 7 of the ICJ Statute.<ref>[https://www.un.org/en/documents/charter/index.shtml ''Charter of the United Nations''] {{Webarchive|url=https://web.archive.org/web/20171121122608/http://www.un.org/en/documents/charter/index.shtml |date=2017-11-21 }}, United Nations, 24 October 1945, 1 UNTS, XVI</ref> The [[sources of international law]] applied by the community of nations are listed under Article 38 of the [[Statute of the International Court of Justice]], which is considered authoritative in this regard: |
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# International treaties and conventions; |
# International treaties and conventions; |
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=== International custom === |
=== International custom === |
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Customary international law is derived from the consistent practice of States accompanied by ''[[opinio juris]]'', i.e. the conviction of states that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally been looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission (ILC) under the aegis of the UN. Codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to such treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are those commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of [[peremptory norm]]s (''jus cogens'') as to include all states with no permissible derogations.<ref>{{Cite web|url=https://www.irwinlaw.com/cold/non-derogable_norm_of_international_law|title=Non-derogable norm of international law {{!}} Irwin Law|website=www.irwinlaw.com|access-date=2019-04-22}}</ref> |
Customary international law is derived from the consistent practice of States accompanied by ''[[opinio juris]]'', i.e. the conviction of states that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally been looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission (ILC) under the aegis of the UN. Codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to such treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are those commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of [[peremptory norm]]s (''jus cogens'') as to include all states with no permissible derogations.<ref>{{Cite web|url=https://www.irwinlaw.com/cold/non-derogable_norm_of_international_law|title=Non-derogable norm of international law {{!}} Irwin Law|website=www.irwinlaw.com|access-date=2019-04-22|archive-date=2019-04-22|archive-url=https://web.archive.org/web/20190422051449/https://www.irwinlaw.com/cold/non-derogable_norm_of_international_law|url-status=live}}</ref> |
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*''[[Asylum case|Colombia v Perú]]'' (1950), recognizing custom as a source of international law, but a practice of giving asylum was not part of it.<ref>{{Cite web |
*''[[Asylum case|Colombia v Perú]]'' (1950), recognizing custom as a source of international law, but a practice of giving asylum was not part of it.<ref>{{Cite web|title=Colombia/Peru - Asylum - Judgment of 20 November 1950 - (including the declaration of Judge Zoricic) - Judgments [1950] ICJ 6; ICJ Reports 1950, p 266; [1950] ICJ Rep 266 (20 November 1950)|url=http://www.worldlii.org/int/cases/ICJ/1950/6.html|url-status=live|archive-url=https://web.archive.org/web/20210227000228/http://www.worldlii.org/int/cases/ICJ/1950/6.html|archive-date=27 February 2021|access-date=2019-04-22|website=www.worldlii.org}}</ref> |
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*''[[Belgium v Spain]]'' (1970), finding that only the state where a corporation is incorporated (not where its major shareholders reside) has standing to bring an action for damages for economic loss. |
*''[[Belgium v Spain]]'' (1970), finding that only the state where a corporation is incorporated (not where its major shareholders reside) has standing to bring an action for damages for economic loss. |
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*[[United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families]] |
*[[United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families]] |
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* the [[Convention on the Elimination of All Forms of Racial Discrimination]] 1965<ref>{{cite web|url=http://www.unhchr.ch/html/menu3/b/d_icerd.htm |title=OHCHR |date=30 May 2008 |access-date=9 October 2011 |url-status=unfit |archive-url=https://web.archive.org/web/20080530072459/http://www.unhchr.ch/html/menu3/b/d_icerd.htm |archive-date=May 30, 2008 }}</ref> |
* the [[Convention on the Elimination of All Forms of Racial Discrimination]] 1965<ref>{{cite web|url=http://www.unhchr.ch/html/menu3/b/d_icerd.htm |title=OHCHR |date=30 May 2008 |access-date=9 October 2011 |url-status=unfit |archive-url=https://web.archive.org/web/20080530072459/http://www.unhchr.ch/html/menu3/b/d_icerd.htm |archive-date=May 30, 2008 }}</ref> |
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*[[Convention on the Elimination of All Forms of Discrimination Against Women]] 1981);<ref>{{cite web|url=https://www.un.org/womenwatch/daw/cedaw/index.html |title=Convention on the Elimination of All Forms of Discrimination against Women |publisher=United Nations |
*[[Convention on the Elimination of All Forms of Discrimination Against Women]] 1981);<ref>{{cite web |url=https://www.un.org/womenwatch/daw/cedaw/index.html |title=Convention on the Elimination of All Forms of Discrimination against Women |publisher=United Nations |access-date=9 October 2011 |archive-date=24 May 2021 |archive-url=https://web.archive.org/web/20210524145207/https://www.un.org/womenwatch/daw/cedaw/index.html |url-status=live }}</ref> |
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* the [[Convention on the Rights of Persons with Disabilities]] 2008<ref>{{cite web|url=https://www.un.org/disabilities/convention/conventionfull.shtml |title=Convention on the Rights of Persons with Disabilities |publisher=United Nations |
* the [[Convention on the Rights of Persons with Disabilities]] 2008<ref>{{cite web |url=https://www.un.org/disabilities/convention/conventionfull.shtml |title=Convention on the Rights of Persons with Disabilities |publisher=United Nations |date=30 March 2007 |access-date=9 October 2011 |archive-date=2 December 2016 |archive-url=https://web.archive.org/web/20161202042110/http://www.un.org/disabilities/convention/conventionfull.shtml |url-status=live }}</ref> |
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=== Development and finance === |
=== Development and finance === |
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*[[World Trade Organization]] |
*[[World Trade Organization]] |
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*Trans-Pacific Partnership (TPP): The TPP is a proposed free trade agreement among 11 Pacific Rim economies, focusing on tariff reductions. It was the centerpiece of President Barack Obama's strategic pivot to Asia. Before President Donald J. Trump withdrew the United States in 2017, the TPP was set to become the world's largest free trade deal, covering 40 percent of the global economy.<ref>{{Cite web|title=What Is the Trans-Pacific Partnership (TPP)?|url=https://www.cfr.org/backgrounder/what-trans-pacific-partnership-tpp|access-date=2020-11-19|website=Council on Foreign Relations|language=en}}</ref> |
*Trans-Pacific Partnership (TPP): The TPP is a proposed free trade agreement among 11 Pacific Rim economies, focusing on tariff reductions. It was the centerpiece of President Barack Obama's strategic pivot to Asia. Before President Donald J. Trump withdrew the United States in 2017, the TPP was set to become the world's largest free trade deal, covering 40 percent of the global economy.<ref>{{Cite web|title=What Is the Trans-Pacific Partnership (TPP)?|url=https://www.cfr.org/backgrounder/what-trans-pacific-partnership-tpp|access-date=2020-11-19|website=Council on Foreign Relations|language=en|archive-date=2020-11-17|archive-url=https://web.archive.org/web/20201117045540/https://www.cfr.org/backgrounder/what-trans-pacific-partnership-tpp|url-status=live}}</ref> |
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*Regional Comprehensive Economic Partnership (RCEP): The RCEP is a free trade agreement between the Asia-Pacific nations of Australia, Brunei, Cambodia, China, Indonesia, Japan, Laos, Malaysia, Myanmar, New Zealand, the Philippines, Singapore, South Korea, Thailand, and Vietnam. It includes the 10 ASEAN members plus 6 ASEAN foreign partners.<ref>{{Cite news|date=2020-11-16|title=RCEP: Asia-Pacific countries form world's largest trading bloc|language=en-GB|work=BBC News|url=https://www.bbc.com/news/world-asia-54949260|access-date=2020-11-19}}</ref> The 16 nations signed the agreement on November 15, 2020, via tele-conference. The deal excludes the US, which withdrew from a rival Asia-Pacific trade pact in 2017. RCEP will connect about 30% of the world's people and output and, in the right political context, will generate significant gains.<ref>{{Cite web|last=Plummer|first=Peter A. Petri and Michael|date=2020-11-16|title=RCEP: A new trade agreement that will shape global economics and politics|url=https://www.brookings.edu/blog/order-from-chaos/2020/11/16/rcep-a-new-trade-agreement-that-will-shape-global-economics-and-politics/|access-date=2020-11-19|website=Brookings|language=en-US}}</ref> RCEP aims to create an integrated market with 16 countries, making it easier for products and services of each of these countries to be available across this region. The negotiations are focused on the following: Trade in goods and services, investment, intellectual property, dispute settlement, e-commerce, small and medium enterprises, and economic cooperation.<ref>{{Cite news|title=WHAT IS RCEP|work=Business Standard India|url=https://www.business-standard.com/about/what-is-rcep|access-date=2020-11-19}}</ref> |
*Regional Comprehensive Economic Partnership (RCEP): The RCEP is a free trade agreement between the Asia-Pacific nations of Australia, Brunei, Cambodia, China, Indonesia, Japan, Laos, Malaysia, Myanmar, New Zealand, the Philippines, Singapore, South Korea, Thailand, and Vietnam. It includes the 10 ASEAN members plus 6 ASEAN foreign partners.<ref>{{Cite news|date=2020-11-16|title=RCEP: Asia-Pacific countries form world's largest trading bloc|language=en-GB|work=BBC News|url=https://www.bbc.com/news/world-asia-54949260|access-date=2020-11-19|archive-date=2020-11-15|archive-url=https://web.archive.org/web/20201115234006/https://www.bbc.com/news/world-asia-54949260|url-status=live}}</ref> The 16 nations signed the agreement on November 15, 2020, via tele-conference. The deal excludes the US, which withdrew from a rival Asia-Pacific trade pact in 2017. RCEP will connect about 30% of the world's people and output and, in the right political context, will generate significant gains.<ref>{{Cite web|last=Plummer|first=Peter A. Petri and Michael|date=2020-11-16|title=RCEP: A new trade agreement that will shape global economics and politics|url=https://www.brookings.edu/blog/order-from-chaos/2020/11/16/rcep-a-new-trade-agreement-that-will-shape-global-economics-and-politics/|access-date=2020-11-19|website=Brookings|language=en-US|archive-date=2020-11-18|archive-url=https://web.archive.org/web/20201118063120/https://www.brookings.edu/blog/order-from-chaos/2020/11/16/rcep-a-new-trade-agreement-that-will-shape-global-economics-and-politics/|url-status=live}}</ref> RCEP aims to create an integrated market with 16 countries, making it easier for products and services of each of these countries to be available across this region. The negotiations are focused on the following: Trade in goods and services, investment, intellectual property, dispute settlement, e-commerce, small and medium enterprises, and economic cooperation.<ref>{{Cite news|title=WHAT IS RCEP|work=Business Standard India|url=https://www.business-standard.com/about/what-is-rcep|access-date=2020-11-19|archive-date=2020-11-17|archive-url=https://web.archive.org/web/20201117063043/https://www.business-standard.com/about/what-is-rcep|url-status=live}}</ref> |
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== Conflict and force == |
== Conflict and force == |
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=== Domestic enforcement === |
=== Domestic enforcement === |
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Apart from a state's natural inclination to uphold certain norms, the force of international law comes from the pressure that states put upon one another to behave consistently and to honor their obligations. As with any system of law, many violations of international law obligations are overlooked. If addressed, it may be through [[diplomacy]] and the consequences upon an offending state's reputation, submission to international judicial determination,<ref>{{cite web|url=http://www.icj-cij.org/homepage/index.php|title=Home – International Court of Justice|access-date=17 August 2015|archive-url=https://web.archive.org/web/20130627014957/http://www.icj-cij.org/homepage/index.php|archive-date=27 June 2013|url-status=dead}}</ref><ref>{{cite web|url=http://www.icj-cij.org/docket/index.php?p1=3&p2=3&k=cd&case=1|title=Contentious Cases – International Court of Justice|access-date=17 August 2015}}</ref> arbitration,<ref>{{cite journal|jstor=2194880|title=Arbitral Opinion Relative to the Gold of the National Bank of Albania|date=1 January 1955|journal=The American Journal of International Law|volume=49|issue=3|pages=403–405|doi=10.2307/2194880}}</ref> sanctions<ref>{{cite web|url=http://www.treasury.gov/resource-center/sanctions/Programs/pages/syria.aspx|title=Syria Sanctions|website=Treasury.gov|access-date=17 August 2015}}</ref> or force including war.<ref>{{cite web|url=http://www.falklandswar.org.uk|title=The Falklands Conflict|website=Falkslandswar.org.uk|access-date=17 August 2015}}</ref> Though violations may be common in fact, states try to avoid the appearance of having disregarded international obligations. States may also unilaterally adopt sanctions against one another such as the severance of economic or diplomatic ties, or through reciprocal action. In some cases, domestic courts may render judgment against a foreign state (the realm of private international law) for an injury, though this is a complicated area of law where international law intersects with domestic law. |
Apart from a state's natural inclination to uphold certain norms, the force of international law comes from the pressure that states put upon one another to behave consistently and to honor their obligations. As with any system of law, many violations of international law obligations are overlooked. If addressed, it may be through [[diplomacy]] and the consequences upon an offending state's reputation, submission to international judicial determination,<ref>{{cite web|url=http://www.icj-cij.org/homepage/index.php|title=Home – International Court of Justice|access-date=17 August 2015|archive-url=https://web.archive.org/web/20130627014957/http://www.icj-cij.org/homepage/index.php|archive-date=27 June 2013|url-status=dead}}</ref><ref>{{cite web|url=http://www.icj-cij.org/docket/index.php?p1=3&p2=3&k=cd&case=1|title=Contentious Cases – International Court of Justice|access-date=17 August 2015|archive-date=24 September 2015|archive-url=https://web.archive.org/web/20150924082532/http://www.icj-cij.org/docket/index.php?p1=3&p2=3&k=cd&case=1|url-status=live}}</ref> arbitration,<ref>{{cite journal|jstor=2194880|title=Arbitral Opinion Relative to the Gold of the National Bank of Albania|date=1 January 1955|journal=The American Journal of International Law|volume=49|issue=3|pages=403–405|doi=10.2307/2194880}}</ref> sanctions<ref>{{cite web|url=http://www.treasury.gov/resource-center/sanctions/Programs/pages/syria.aspx|title=Syria Sanctions|website=Treasury.gov|access-date=17 August 2015|archive-date=13 August 2015|archive-url=https://web.archive.org/web/20150813231350/http://www.treasury.gov/resource-center/sanctions/Programs/Pages/syria.aspx|url-status=live}}</ref> or force including war.<ref>{{cite web|url=http://www.falklandswar.org.uk|title=The Falklands Conflict|website=Falkslandswar.org.uk|access-date=17 August 2015|archive-date=21 April 2018|archive-url=https://web.archive.org/web/20180421082409/http://falklandswar.org.uk/|url-status=live}}</ref> Though violations may be common in fact, states try to avoid the appearance of having disregarded international obligations. States may also unilaterally adopt sanctions against one another such as the severance of economic or diplomatic ties, or through reciprocal action. In some cases, domestic courts may render judgment against a foreign state (the realm of private international law) for an injury, though this is a complicated area of law where international law intersects with domestic law. |
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It is implicit in the Westphalian system of nation-states, and explicitly recognized under Article 51 of the [[Charter of the United Nations]], that all states have the inherent right to individual and collective self-defense if an armed attack occurs against them. Article 51 of the UN Charter guarantees the right of states to defend themselves until (and unless) the Security Council takes measures to keep the peace. |
It is implicit in the Westphalian system of nation-states, and explicitly recognized under Article 51 of the [[Charter of the United Nations]], that all states have the inherent right to individual and collective self-defense if an armed attack occurs against them. Article 51 of the UN Charter guarantees the right of states to defend themselves until (and unless) the Security Council takes measures to keep the peace. |
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===International bodies=== |
===International bodies=== |
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{{Main|International legal system|United Nations General Assembly Resolution 377}} |
{{Main|International legal system|United Nations General Assembly Resolution 377}} |
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As a "deliberative, policymaking and representative organ", the [[United Nations General Assembly]] "is empowered to make recommendations"; it can neither codify international law nor make binding resolutions.<ref name="UN_GA-Powers">{{cite web |title=Functions and powers of the General Assembly |url=http://www.un.org/en/ga/about/background.shtml |website=un.org |publisher=United Nations |access-date=5 October 2018}}</ref><ref name="UN_Int-Law">{{cite web |title=International Law and Justice |url=http://www.un.org/en/sections/issues-depth/international-law-and-justice/index.html |website=un.org |publisher=United Nations |access-date=5 October 2018|date=2016-08-30 }}</ref> Merely internal resolutions, such as budgetary matters, may be binding on the operation of the General Assembly itself. Violations of the UN Charter by members of the United Nations may be raised by the aggrieved state in the General Assembly for debate. |
As a "deliberative, policymaking and representative organ", the [[United Nations General Assembly]] "is empowered to make recommendations"; it can neither codify international law nor make binding resolutions.<ref name="UN_GA-Powers">{{cite web |title=Functions and powers of the General Assembly |url=http://www.un.org/en/ga/about/background.shtml |website=un.org |publisher=United Nations |access-date=5 October 2018 |archive-date=5 October 2018 |archive-url=https://web.archive.org/web/20181005112527/http://www.un.org/en/ga/about/background.shtml |url-status=live }}</ref><ref name="UN_Int-Law">{{cite web |title=International Law and Justice |url=http://www.un.org/en/sections/issues-depth/international-law-and-justice/index.html |website=un.org |publisher=United Nations |access-date=5 October 2018 |date=2016-08-30 |archive-date=2018-10-05 |archive-url=https://web.archive.org/web/20181005112204/http://www.un.org/en/sections/issues-depth/international-law-and-justice/index.html |url-status=live }}</ref> Merely internal resolutions, such as budgetary matters, may be binding on the operation of the General Assembly itself. Violations of the UN Charter by members of the United Nations may be raised by the aggrieved state in the General Assembly for debate. |
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[[United Nations General Assembly resolution|General Assembly resolution]]s are generally non-binding towards member states, but through its adoption of the [[United Nations General Assembly Resolution 377|"Uniting for Peace" resolution (A/RES/377 A)]], of 3 November 1950, the Assembly declared that it had the power to authorize the use of force, under the terms of the UN Charter, in cases of breaches of the peace or acts of aggression, provided that the Security Council, owing to the negative vote of a permanent member, fails to act to address the situation. The Assembly also declared, by its adoption of [[United Nations General Assembly Resolution 377|resolution 377 A]], that it could call for other collective measures—such as economic and diplomatic sanctions—in situations constituting the milder "threat to the Peace". |
[[United Nations General Assembly resolution|General Assembly resolution]]s are generally non-binding towards member states, but through its adoption of the [[United Nations General Assembly Resolution 377|"Uniting for Peace" resolution (A/RES/377 A)]], of 3 November 1950, the Assembly declared that it had the power to authorize the use of force, under the terms of the UN Charter, in cases of breaches of the peace or acts of aggression, provided that the Security Council, owing to the negative vote of a permanent member, fails to act to address the situation. The Assembly also declared, by its adoption of [[United Nations General Assembly Resolution 377|resolution 377 A]], that it could call for other collective measures—such as economic and diplomatic sanctions—in situations constituting the milder "threat to the Peace". |
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Often enormously complicated matters, ICJ cases (of which there have been less than 150 since the court was created from the [[Permanent Court of International Justice]] in 1945) can stretch on for years and generally involve thousands of pages of pleadings, evidence, and the world's leading specialist international lawyers. As of November 2019, there are 16 cases pending at the ICJ. Decisions made through other means of arbitration may be binding or non-binding depending on the nature of the arbitration agreement, whereas decisions resulting from contentious cases argued before the ICJ are always binding on the involved states. |
Often enormously complicated matters, ICJ cases (of which there have been less than 150 since the court was created from the [[Permanent Court of International Justice]] in 1945) can stretch on for years and generally involve thousands of pages of pleadings, evidence, and the world's leading specialist international lawyers. As of November 2019, there are 16 cases pending at the ICJ. Decisions made through other means of arbitration may be binding or non-binding depending on the nature of the arbitration agreement, whereas decisions resulting from contentious cases argued before the ICJ are always binding on the involved states. |
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Though states (or increasingly, [[international organizations]]) are usually the only ones with standing to address a violation of international law, some treaties, such as the [[International Covenant on Civil and Political Rights]] have an optional [[Protocol (treaty)|protocol]] that allows individuals who have had their rights violated by member states to petition the international [[Human Rights Committee]]. Investment treaties commonly and routinely provide for enforcement by individuals or investing entities.<ref>{{Cite web | url=http://finlayson.id.au/index.php/practising-law/australia-indonesia-agreements/ | archive-url=https://archive.today/20120712220742/http://finlayson.id.au/index.php/practising-law/australia-indonesia-agreements/ | url-status=dead | archive-date=2012-07-12 | title=Australia Indonesia Treaties}}</ref> and commercial agreements of foreigners with sovereign governments may be enforced on the international plane.<ref>{{cite web|url=http://www.mondaq.com/australia/article.asp?articleid=12836|title=The Sandline Affair Illegality And International Law* - International Law – Australia|website=Mondaq.com|access-date=27 December 2017}}</ref> |
Though states (or increasingly, [[international organizations]]) are usually the only ones with standing to address a violation of international law, some treaties, such as the [[International Covenant on Civil and Political Rights]] have an optional [[Protocol (treaty)|protocol]] that allows individuals who have had their rights violated by member states to petition the international [[Human Rights Committee]]. Investment treaties commonly and routinely provide for enforcement by individuals or investing entities.<ref>{{Cite web | url=http://finlayson.id.au/index.php/practising-law/australia-indonesia-agreements/ | archive-url=https://archive.today/20120712220742/http://finlayson.id.au/index.php/practising-law/australia-indonesia-agreements/ | url-status=dead | archive-date=2012-07-12 | title=Australia Indonesia Treaties}}</ref> and commercial agreements of foreigners with sovereign governments may be enforced on the international plane.<ref>{{cite web|url=http://www.mondaq.com/australia/article.asp?articleid=12836|title=The Sandline Affair Illegality And International Law* - International Law – Australia|website=Mondaq.com|access-date=27 December 2017|archive-date=10 October 2017|archive-url=https://web.archive.org/web/20171010150312/http://www.mondaq.com/australia/article.asp?articleid=12836|url-status=live}}</ref> |
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===International courts=== |
===International courts=== |
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{{refbegin}} |
{{refbegin}} |
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* I Brownlie, ''Principles of Public International Law'' (7th edn, [[Oxford University Press]], 2008) {{ISBN|0-19-926071-0}} |
* I Brownlie, ''Principles of Public International Law'' (7th edn, [[Oxford University Press]], 2008) {{ISBN|0-19-926071-0}} |
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* Dominique Carreau, Droit international, Pedone, 10e édition, 2009 {{ISBN| |
* Dominique Carreau, Droit international, Pedone, 10e édition, 2009 {{ISBN|978-2-233-00561-8}}. |
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* [[Pierre-Marie Dupuy|P.-M. Dupuy]] & Y. Kerbrat, "Droit international public" (10th ed., Paris, Dalloz, 2010) {{ISBN| |
* [[Pierre-Marie Dupuy|P.-M. Dupuy]] & Y. Kerbrat, "Droit international public" (10th ed., Paris, Dalloz, 2010) {{ISBN|978-2-247-08893-5}} |
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* E. Lawson |
* {{cite book |first1=E. |last1=Lawson |first2=M.L. |last2=Bertucci |work=Encyclopedia of human rights |edition=2nd |publisher=[[Taylor & Francis]] |year=1996}} |
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* E. Osmanczyk |
* {{cite book |first1=E. |last1=Osmanczyk |work=The encyclopedia of the United Nations and international relations|publisher=[[Taylor & Francis]] |year=1990}} |
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* M. N. Shaw, ''International Law'' (5th ed [[Cambridge University Press]] 2003) |
* M. N. Shaw, ''International Law'' (5th ed [[Cambridge University Press]] 2003) |
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* [[Rafael Domingo Osle]], ''The New Global Law'' (Cambridge University Press 2010) |
* [[Rafael Domingo Osle]], ''The New Global Law'' (Cambridge University Press 2010) |
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* Giuliana Ziccardi Capaldo, “The Pillars of Global Law” (Ashgate 2008) |
* Giuliana Ziccardi Capaldo, “The Pillars of Global Law” (Ashgate 2008) |
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*[[Hans Kelsen]], ''Peace Through Law'' (1944) |
*[[Hans Kelsen]], ''Peace Through Law'' (1944) |
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* David L. Sloss, Michael D. Ramsey, William S. Dodge |
* David L. Sloss, Michael D. Ramsey, William S. Dodge (2011) ''International Law in the [[U.S. Supreme Court]]'', 0521119561, ISBN 978-0-521-11956-6 Cambridge University Press |
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* [[Rafael Domingo Osle]] and [[John Witte, Jr.]], eds, ''Christianity and Global Law'' (Routledge, 2020) |
* [[Rafael Domingo Osle]] and [[John Witte, Jr.]], eds, ''Christianity and Global Law'' ([[Routledge]], 2020) |
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* {{cite book | last=Anaya | first=S.J. | title=Indigenous Peoples in International Law | publisher=Oxford University Press | year=2004 | isbn=978-0-19-517350-5 | url=https://books.google.com/books?id=sb-qGM5-gB8C}} |
* {{cite book | last=Anaya | first=S.J. | title=Indigenous Peoples in International Law | publisher=Oxford University Press | year=2004 | isbn=978-0-19-517350-5 | url=https://books.google.com/books?id=sb-qGM5-gB8C | access-date=2015-12-06 | archive-date=2021-07-19 | archive-url=https://web.archive.org/web/20210719060914/https://books.google.com/books?id=sb-qGM5-gB8C | url-status=live }} |
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* {{cite book | last=Klabbers | first=J. | title=International Law | publisher=Cambridge University Press | year=2013 | isbn=978-0-521-19487-7 | url = https://books.google.com/books?id=c_gOvHLDZ6gC }} |
* {{cite book | last=Klabbers | first=J. | title=International Law | publisher=Cambridge University Press | year=2013 | isbn=978-0-521-19487-7 | url=https://books.google.com/books?id=c_gOvHLDZ6gC | access-date=2015-12-06 | archive-date=2021-07-19 | archive-url=https://web.archive.org/web/20210719060904/https://books.google.com/books?id=c_gOvHLDZ6gC | url-status=live }} |
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* {{cite book | last=Shaw | first=M.N. | title=International Law | publisher=Cambridge University Press | year=2014 | isbn=978-1-316-06127-5 | url = https://books.google.com/books?id=gmWnBAAAQBAJ }} |
* {{cite book | last=Shaw | first=M.N. | title=International Law | publisher=Cambridge University Press | year=2014 | isbn=978-1-316-06127-5 | url=https://books.google.com/books?id=gmWnBAAAQBAJ | access-date=2015-12-06 | archive-date=2021-07-19 | archive-url=https://web.archive.org/web/20210719060849/https://books.google.com/books?id=gmWnBAAAQBAJ | url-status=live }} |
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{{refend}} |
{{refend}} |
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