International Law & Sources of International Law

Question 1

What is the premise of international law?

Answer 1

International law is a set of rules and customs that guide interactions among countries and the ways in which countries deal with issues within their own borders (e.g. human rights, environmental issues, trade)

Question 2

Differentiate between domestic and international law.

Answer 2

Domestic law: a set of laws that govern relationships between people within one country – each country develops its own system (also known as national law)

International law: a set of rules and customs that govern relationships between countries (referred to in the context of international law as states) – has neither a formal justice system, nor legislature to pass laws, and there is no international government that enforces it, rather it requires organizations to promote world peace and international courts to apply the law

Question 3

Who is governed by international law?

Answer 3

States (countries), International Governance Organizations (IGOs), Non-Governmental Organizations (NGOs), and individuals and corporations (indirectly)

Question 4

What are the 8 areas covered by international law?

Answer 4

1. Human rights
2. Regulating use of armed force
3. Protecting individuals during war
4. Trade and development
5. The law of the sea
6. Environmental issues and climate change
7. Transportation
8. Telecommunications

Question 5

What is the main function of international law, and what are its principles?

Answer 5

The main function of international law is to govern relations among sovereign states by providing rules for conduct, methods to settle disputes, and substantive/procedural law to help with decision-making

Principles of international law:

1. Coordinating the actions of independent states at the international level
2. Establishing a system of conflict resolution when disagreements and interventions occur
3. Building cooperation and harmonization of common pursuits
4. Setting out standards and procedures to minimize conflict arising between states

Question 6

What is the rule of law, and why is it important?

Answer 6

The law applies equally to everyone; no one is above the law

The rule of law prevents the arbitrary (unrestrained/autocratic) abuse of power

Question 7

What factors increased the need/desire for international law, and when did they begin to have a growing presence/impact?

Answer 7

The desire for international law grew in the 20th century with the influence of the following factors:

1. Increase in travel and emigration/immigration as a result of technological developments
2. Globalization and international business/trade
3. Human rights violations – namely the genocide of the Jewish people during WWII

Question 8

Name and define/differentiate between the 2 sources of international law.

Answer 8

Customary law: conduct that is gradually accepted/adopted over time based on what countries do/should do (e.g. diplomatic immunity)

Treaties: legal agreements signed by two or more states (bi or multilateral) that set out mutual legal rights and obligations – a contract-like format/method

Question 9

What are the pros and cons of customary law?

Answer 9

Pros: all countries are expected to follow; they do not have to formally agree

Cons: slow to change, can be unclear (interpretable; ambiguous), disputes can arise

Question 10

What are the pros and cons of treaties?

Answer 10

Pros: can be specific or broad (versatile), created quickly, clear explanation of law

Cons: only binds parties who agree to participate/sign, can fail at ratification stage (formal acceptance by government; voted upon)

Question 11

What purpose do treaties serve? Name some examples.

Answer 11

Treaties are intended to regulate relations among countries and protect the citizens of the countries involved – also known as protocols, agreements, conventions, accords

Examples: North American Free Trade Agreement, Kyoto Protocol, Ottawa Convention Banning Landmines

Question 12

What steps are undergone when a treaty is passed?

Answer 12

1. Treaty negotiations: countries compromise and agree on terms of the treaty (without the use of threat or force)
2. Signing and ratification: negotiators sign the treaty to indicate that their party agrees to the terms, and the treaty is ratified – formally accepted once government officials have reviewed it (usually through a vote)
3. Implementation: the terms of the treaty become part of the domestic law of the country through normal legislative process

Question 13

What are 2 possible solutions to treaty disputes or violations?

Answer 13

1. A resolution is negotiated through a neutral third party or committee
2. The dispute is settled through the International Court of Justice (ICJ)

Question 14

What is the United Nations (UN), and what are its main objectives and accomplishments?

Answer 14

Originally called the League of Nations, the United Nations (UN) is a body of international governance organizations made up of 193 independent countries, founded after WWII to prevent heinous acts (e.g. genocide) from occurring again

It aims to promote international peace, advocate for human rights, and alleviate poverty and injustice

Member states of the UN are expected to help with funding and implementing decisions – the UN has promoted/facilitated the signing of over 500 multinational treaties on various global issues (e.g. human rights, the environment (commodities, oceans), trade, refugees, international crime, disarmament)

Question 15

What are the 6 main bodies of the UN?

Answer 15

1. General Assembly
2. Security Council
3. International Court of Justice (ICJ)
4. Economic and Social Council
5. Trusteeship Council
6. Secretariat

Question 16

What is the UN General Assembly?

Answer 16

The UN General Assembly is the central body of the UN in which member countries discuss, debate, and vote on international issues

This organ of the UN is responsible for adopting resolutions that hold shared world opinion, however they are NOT legally bonding

Every member state has one equal vote

Question 17

What is the UN Security Council, of whom does it consist, and what effect does its decisions have?

Answer 17

The UN Security Council is responsible for maintaining international peace and security

It is made up of 5 permanent members and 10 non-permanent members who are elected and serve two year-terms

Decisions/resolutions made by the Security Council ARE legally binding, and it is the only UN body that can authorize the use of force and impose sanctions if member states do not comply with their decisions

Question 18

Who are the 5 permanent member states of the UN Security Council, and what privileges does their position grant them?

Answer 18

1. The United States
2. China
3. Russia
4. France
5. The United Kingdom

The 5 permanent member states of the UN Security Council have the right to veto (decline, prevent) any proposal brought forward within the UN – 9 votes in favour of a motion are required for it to pass, 5 of which must be from members of the Security Council (unanimous among the Security Council)

Question 19

What is the International Court of Justice (ICJ), of whom does it consist, and where is it located?

Answer 19

The International Court of Justice (ICJ) is the civil court of the United Nations that deals with disputes among member countries

It is located in The Hague, Netherlands, and is composed of 15 judges from 15 different countries

Question 20

What are the responsibilities of the International Court of Justice?

Answer 20

The ICJ settles disputes that arise among member countries, gives opinions on legal questions brought up by UN agencies, and applies international law (treaties, conventions, and customs)

Question 21

How does the ICJ settle disputes among member states?

Answer 21

Countries involved in a dispute have to agree that the ICJ has the power to hear the case

The ICJ’s decisions are final and legally binding, and countries involved in disputes must affirm that they will abide by them

If a member state in a dispute does not comply with the court’s decision, members of the opposing party can ask the Security Council to take action

Question 22

What are the 6 main languages spoken within the UN?

Answer 22

1. English
2. French
3. Russian
4. Spanish
5. Arabic
6. Chinese