International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including
war
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
,
diplomacy
Diplomacy comprises spoken or written communication by representatives of states (such as leaders and diplomats) intended to influence events in the international system.Ronald Peter Barston, ''Modern diplomacy'', Pearson Education, 2006, p. 1 ...
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules).
The
sources of international law
International law, also known as "law of nations", refers to the body of rules which regulate the conduct of sovereign states in their relations with one another. Sources of international law include treaties, customary international law, inter ...
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutual recognition, such as saluting the flag of a foreign ship—such traditions are not legally binding.
International law differs from state-based
legal system
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
s in that it is primarily—though not exclusively—applicable to states, rather than to individuals, and operates largely through consent, since there is no universally accepted authority to enforce it upon
sovereign states
A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined terri ...
. Consequently, states may choose to not abide by international law, and even to breach a treaty. However, such violations, particularly of customary international law and peremptory norms (''
jus cogens
Jus may refer to:
Law
* Jus (law), the Latin word for law or right
* Jus (canon law), a rule within the Roman Catholic Church
People
* Juš Kozak (1892–1964), Slovenian writer
* Juš Milčinski, Slovenian theatre improviser
* Justin Jus Obo ...
''), can be met with disapproval by others and in some cases coercive action (ranging from diplomatic and
economic sanctions
Economic sanctions are commercial and financial penalties applied by one or more countries against a targeted self-governing state, group, or individual. Economic sanctions are not necessarily imposed because of economic circumstances—they may ...
municipal law
Municipal law is the national, domestic, or internal law of a sovereign state and is defined in opposition to international law. Municipal law includes many levels of law: not only national law but also state, provincial, territorial, regional, ...
) and international law is complex and variable. National law may become international law when treaties permit national jurisdiction to
supranational Supranational or supra-national may refer to:
* Supranational union, a type of multinational political union
* Supranational law, a form of international law
* Supranational legislature, a form of international legislature
* Supranational curre ...
tribunals such as the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
or the
International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...
. Treaties such as the
Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
may require national law to conform to treaty provisions. National laws or constitutions may also provide for the implementation or integration of international legal obligations into domestic law.
Terminology
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. Roman lawyers would have further distinguished ''
jus gentium
The '' ius gentium'' or ''jus gentium'' (Latin for "law of nations") is a concept of international law within the ancient Roman legal system and Western law traditions based on or influenced by it. The ''ius gentium'' is not a body of statute law ...
'', the law of nations, and ''
jus inter gentes
''Jus inter gentes'', is the body of treaties, U.N. conventions, and other international agreements. Originally a Roman law concept, it later became a major part of public international law. The other major part is '' jus gentium'', the Law of Na ...
'', agreements between nations. On this view, "public" international law is said to cover relations between nation-states and includes fields such as
treaty law
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are defined ...
international criminal law
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetrati ...
, the
laws of war
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territor ...
or
international humanitarian law
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (''jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by prot ...
,
international human rights law
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, ag ...
, and refugee law. By contrast "private" international law, which is more commonly termed "
conflict of laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad t ...
", concerns whether courts within countries claim jurisdiction over cases with a foreign element, and which country's law applies.
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
Hugo Grotius (; 10 April 1583 – 28 August 1645), also known as Huig de Groot () and Hugo de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, poet and playwright.
A teenage intellectual prodigy, he was born in Delft ...
and ''droits des gens'' of
Emer de Vattel
Emer (Emmerich) de Vattel ( 25 April 171428 December 1767) was an international lawyer. He was born in Couvet in the Principality of Neuchâtel (now a canton part of Switzerland but part of Prussia at the time) in 1714 and died in 1767. He was l ...
. The modern term ''international law'' was invented by
Jeremy Bentham
Jeremy Bentham (; 15 February 1748 Old_Style_and_New_Style_dates">O.S._4_February_1747.html" ;"title="Old_Style_and_New_Style_dates.html" ;"title="nowiki/>Old Style and New Style dates">O.S. 4 February 1747">Old_Style_and_New_Style_dates.htm ...
in 1789 and established itself in the 19th century.
A more recent concept is "
supranational 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 ...
", 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
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations
An international organization or international o ...
obligation. Systems of
supranational Supranational or supra-national may refer to:
* Supranational union, a type of multinational political union
* Supranational law, a form of international law
* Supranational legislature, a form of international legislature
* Supranational curre ...
law arise when nations explicitly cede their right to make certain judicial decisions to a common tribunal. The decisions of the common tribunal are directly effective in each party nation, and have priority over decisions taken by national courts. The
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
is the most prominent example of an international treaty organization that implements a supranational legal framework, with the
European Court of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
having supremacy over all member-nation courts in matter of
European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
.
The term "transnational law" is sometimes used to a body of rules of
private law
Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations ( ...
that transcend the nation state.
History
The origins of international law can be traced back to antiquity. Among the earliest examples are
peace treaties
A peace treaty is an agreement between two or more hostile parties, usually countries or governments, which formally ends a state of war between the parties. It is different from an armistice, which is an agreement to stop hostilities; a surre ...
between the
Mesopotamia
Mesopotamia ''Mesopotamíā''; ar, بِلَاد ٱلرَّافِدَيْن or ; syc, ܐܪܡ ܢܗܪ̈ܝܢ, or , ) is a historical region of Western Asia situated within the Tigris–Euphrates river system, in the northern part of the F ...
n city-states of
Lagash
Lagash (cuneiform: LAGAŠKI; Sumerian: ''Lagaš''), was an ancient city state located northwest of the junction of the Euphrates and Tigris rivers and east of Uruk, about east of the modern town of Ash Shatrah, Iraq. Lagash (modern Al-Hiba) w ...
and
Umma
Umma ( sux, ; in modern Dhi Qar Province in Iraq, formerly also called Gishban) was an ancient city in Sumer. There is some scholarly debate about the Sumerian and Akkadian names for this site. Traditionally, Umma was identified with Tell J ...
(approximately 2100 BCE), and an agreement between the
Egyptian pharaoh
Pharaoh (, ; Egyptian: '' pr ꜥꜣ''; cop, , Pǝrro; Biblical Hebrew: ''Parʿō'') is the vernacular term often used by modern authors for the kings of ancient Egypt who ruled as monarchs from the First Dynasty (c. 3150 BC) until the a ...
Ramses II
Ramesses II ( egy, rꜥ-ms-sw ''Rīʿa-məsī-sū'', , meaning "Ra is the one who bore him"; ), commonly known as Ramesses the Great, was the third pharaoh of the Nineteenth Dynasty of Egypt. Along with Thutmose III he is often regarded as t ...
and the
Hittite king The dating and sequence of the Hittite kings is compiled from fragmentary records, supplemented by the recent find in Hattusa of a cache of more than 3500 seal impressions giving names and titles and genealogy of Hittite kings. All dates given here ...
,
Hattusilis III Ḫattušili (''Ḫattušiliš'' in the inflected nominative case) was the regnal name of three Hittite kings:
* Ḫattušili I (Labarna II)
*Ḫattušili II
*Ḫattušili III
It was also the name of two Neo-Hittite kings:
* Ḫattušili I (Labarn ...
, concluded in 1258 BCE. Interstate pacts and agreements of various kinds were also negotiated and concluded by
polities
A polity is an identifiable political entity – a group of people with a collective identity, who are organized by some form of institutionalized social relations, and have a capacity to mobilize resources. A polity can be any other group of p ...
across the world, from the eastern
Mediterranean
The Mediterranean Sea is a sea connected to the Atlantic Ocean, surrounded by the Mediterranean Basin and almost completely enclosed by land: on the north by Western and Southern Europe and Anatolia, on the south by North Africa, and on the e ...
to
East Asia
East Asia is the eastern region of Asia, which is defined in both geographical and ethno-cultural terms. The modern states of East Asia include China, Japan, Mongolia, North Korea, South Korea, and Taiwan. China, North Korea, South Korea and ...
.
Ancient Greece
Ancient Greece ( el, Ἑλλάς, Hellás) was a northeastern Mediterranean civilization, existing from the Greek Dark Ages of the 12th–9th centuries BC to the end of classical antiquity ( AD 600), that comprised a loose collection of cult ...
, which developed basic notions of governance and international relations, contributed to the formation of the international legal system; many of the earliest peace treaties on record were concluded among the
Greek city-states
''Polis'' (, ; grc-gre, πόλις, ), plural ''poleis'' (, , ), literally means "city" in Greek. In Ancient Greece, it originally referred to an administrative and religious city center, as distinct from the rest of the city. Later, it also ...
or with neighboring states. The
Roman Empire
The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterr ...
established an early conceptual framework for international law, ''jus gentium'' ("law of nations"), which governed both the status of foreigners living in Rome and relations between foreigners and
Roman citizens
Citizenship in ancient Rome (Latin: ''civitas'') was a privileged political and legal status afforded to free individuals with respect to laws, property, and governance. Citizenship in Ancient Rome was complex and based upon many different laws, t ...
. Adopting the Greek concept of
natural law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
, the Romans conceived of ''jus gentium'' as being universal. However, in contrast to modern international law, the Roman law of nations applied to relations with and between foreign individuals rather than among political units such as states.
Beginning with the
Spring and Autumn period
The Spring and Autumn period was a period in Chinese history from approximately 770 to 476 BC (or according to some authorities until 403 BC) which corresponds roughly to the first half of the Eastern Zhou period. The period's name derives fr ...
of the eighth century BCE,
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
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. The subsequent
Warring States period
The Warring States period () was an era in History of China#Ancient China, ancient Chinese history characterized by warfare, as well as bureaucratic and military reforms and consolidation. It followed the Spring and Autumn period and concluded ...
saw the development of two major schools of thought,
Confucianism
Confucianism, also known as Ruism or Ru classicism, is a system of thought and behavior originating in ancient China. Variously described as tradition, a philosophy, a religion, a humanistic or rationalistic religion, a way of governing, or ...
and 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
The Indian subcontinent is a list of the physiographic regions of the world, physiographical region in United Nations geoscheme for Asia#Southern Asia, Southern Asia. It is situated on the Indian Plate, projecting southwards into the Indian O ...
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.
Following the
collapse of the western Roman Empire
The fall of the Western Roman Empire (also called the fall of the Roman Empire or the fall of Rome) was the loss of central political control in the Western Roman Empire, a process in which the Empire failed to enforce its rule, and its vas ...
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
Church
Church may refer to:
Religion
* Church (building), a building for Christian religious activities
* Church (congregation), a local congregation of a Christian denomination
* Church service, a formalized period of Christian communal worship
* C ...
,
mercantile
Trade involves the transfer of goods and services from one person or entity to another, often in exchange for money. Economists refer to a system or network that allows trade as a market.
An early form of trade, barter, saw the direct exchan ...
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
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
, which governed
ecclesiastical
{{Short pages monitor
Hans Morgenthau believed international law to be the weakest and most primitive system of law enforcement; he likened its decentralised nature to the law that prevails in preliterate tribal societies. Monopoly on violence is what makes domestic law enforceable; but between nations, there are multiple competing sources of force. The confusion created by treaty laws, which resemble private contracts between persons, is mitigated only by the relatively small number of states. For example, it is unclear whether the
Nuremberg trials
The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II.
Between 1939 and 1945 ...
created new law, or applied the existing law of the Kellogg-Briand pact.
Morgenthau asserts that no state may be compelled to submit a dispute to an international tribunal, making laws unenforceable and voluntary. International law is also unpoliced, lacking agencies for enforcement. He cites a 1947 US opinion poll in which 75% of respondents wanted "an international police to maintain world peace", but only 13% wanted that force to exceed the US armed forces. Later surveys have produced similar contradictory results.Morgenthau pp 281, 289, 324.
See also
* Natural law
* List of International Court of Justice cases
* List of international public law topics
* List of treaties
* Lex Junia Licinia, Consular law
* Arbitration
* Anarchy (international relations)
* Aviation law and Space law
* Centre for International Law (CIL)
* Commissions of the Danube River
* Comparative law
* Conference of the parties
* Conflict of laws
* Diplomatic law and Diplomatic recognition
* Environmental agreements
* Global administrative law
* Global policeman
*
International Law Commission
The International Law Commission (ILC) is a body of experts responsible for helping develop and codify international law. It is composed of 34 individuals recognized for their expertise and qualifications in international law, who are elected by t ...
* International litigation
* International community
* International constitutional law
*
International Law Commission
The International Law Commission (ILC) is a body of experts responsible for helping develop and codify international law. It is composed of 34 individuals recognized for their expertise and qualifications in international law, who are elected by t ...
* International regulation
* Internationalization of the Danube River
* INTERPOL
* Martens Clause
* Law
* Prize law
* Refugee law
* Speaking truth to power
* Space law
* Third World Approaches to International Law (TWAIL)
* UNIDROIT
* United Nations General Assembly Sixth Committee (Legal)
* ''Pacta sunt servanda'' (agreements are to be kept)
* Roerich Pact
* Rule of Law in Armed Conflicts Project (RULAC)
Further reading
* I Brownlie, ''Principles of Public International Law'' (7th edn, Oxford University Press, 2008)
* Dominique Carreau, Droit international, Pedone, 10e édition, 2009 .
* Pierre-Marie Dupuy, P.-M. Dupuy & Y. Kerbrat, "Droit international public" (10th ed., Paris, Dalloz, 2010)
*
*
* Hafner-Burton, Emilie M.; Victor, David G.; Lupu, Yonatan (2012). "Political Science Research on International Law: The State of the Field". American Journal of International Law 106 (1):47–97.
* M. N. Shaw, ''International Law'' (5th ed Cambridge University Press 2003)
* Rafael Domingo Osle, ''The New Global Law'' (Cambridge University Press 2010)
* Giuliana Ziccardi Capaldo, "The Pillars of Global Law" (Ashgate 2008)
*Hans Kelsen, ''Peace Through Law'' (1944)
* Koremenos, Barbara (2016). ''The Continent of International Law: Explaining Agreement Design''. Cambridge University Press.
* 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
* Rafael Domingo Osle and John Witte, Jr., eds, ''Christianity and Global Law'' (Routledge, 2020)
*
*
*
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
With cases and commentary. Nathaniel Burney, 2007.
* [https://web.archive.org/web/20070911220658/https://www.asil.org/resource/ergintr1.htm American Society of International Law – Resource Guide (Introduction)]
International Law Details
* [http://works.bepress.com/cgi/viewcontent.cgi?article=1011&context=bryan_druzin Public International Law as a Form of Private Ordering]
Public International Law, Research Guide Peace Palace Library
UNOG Library – Legal Research Guide
{{Authority control
International law,
International trade law
Public law, International
International relations
Cultural globalization