Unit 1 - The nature and history of International Law

Question 1

What is Public International Law ?

Answer 1

Public International Law refers to the system of legal rules, norms, and principles that govern the relationships and conduct of states and other international actors in the global arena.

Question 2

Who are the subjects of International Law ?

Answer 2

• States.
• International Organizations.

Question 3

What is International Legal Personality ?

Answer 3

Means the subject (eg. State) has international rights and duties and the capacity to assert claims or face responsibility for breaches.

Question 4

What is not International Law ?

Answer 4

• International Comity.
• International Morality.
• Private International Law (Conflict of Laws).

Question 5

What are the key differences between National Law and Public International Law ?

Answer 5

National Law.

• A legislature capable of making laws.
• A fully developed judiciary with doctrine precedent.
• Executive machinery to enforce judgements.
• Subjects are individuals or persons.

Public International Law.

• No central legislature.
• No compulsory court system.
• No centralized executive to enfore judgements.
• Subject are primarily States and International Organizations.

Question 6

What are the reasons why Public International Law is considered law ?

Answer 6

• There is a political community of states that recognizes and observes international law.
• A body of rules and principles exists to regulate the behavior of states and other actors in the international community.
• Is observed daily in diplomatic relations, trade, air and sea traffic, and other international interactions.

Question 7

Discuss sanctions in Public Internationa Law.

Answer 7

• Unlike national legal systems, which often have well-defined mechanisms for enforcing laws (e.g., police, courts, fines), Public International Law lacks a central enforcement body.
• However, there are still various sanctions that can be applied, although these are typically imposed by other states or international organizations.

Question 8

What are some of the key sanctions ?

Answer 8

• Use of force.
• Economic Sanctions.
• Exclusion from Membership of International Organizations.
• Punishment for international crimes.

Question 9

What are the two types of International Law ?

Answer 9

General and Regional.

Question 10

Discuss General International Law.

Answer 10

This consists of rules and principles that are applicable to the majority of states, often universally recognized and applicable across the entire international community (eg. the UN Charter).

Question 11

Discuss Regional International Law.

Answer 11

• This is law that applies to specific groups of states within a particular region, often arising from regional agreements or organizations (eg. African Union).
• Regional laws apply only to the member states of the respective regional organization, and they may vary significantly from those in global law.

Question 12

What are general rules.

Answer 12

Apply univerally to all States (eg. the prohibition on the use of force).

Question 13

What are particular rules ?

Answer 13

These rules apply to specific states or a small group of states.

Question 14

Discuss critical approaches to International Law.

Answer 14

• Challenge the conventional view that International Law is universally applicable, objective, and neutral.
• These approaches argue that International Law is often shaped by historical, cultural, and political biases, particularly the dominance of Western powers and the marginalization of non-Western perspectives.

Question 15

Discuss International Law and Eurocentrism.

Answer 15

• International Law has been historically constructed to reflect European values and worldviews.
• The application of International Law often ignored or subjugated the legal systems, customs, and rights of colonized nations.
• Beyond racial hierarchies, it has been critiqued for promoting gender inequality.

Question 16

Discuss the feminist theory and its influence on International Law.

Answer 16

• Aims to highlight and address the discrimination and oppression of women in both international and national contexts.
• Feminist theory distinguishes between gender and sex.
• It argues that international law has historically been based on male-dominated assumptions.

Question 17

What are the key areas of feminist influence on Internationa Law ?

Answer 17

• Human Rights Law.
• International Criminal Law.
• Representation in International Institutions.
• Gender mainstreaming.

Question 18

What are the Third World Approaches to International Law (TWAIL).

Answer 18

Critical theory that emerged out of the decolonization movement and focuses on the historical and contemporary impact of colonialism and imperialism on the development and practice of international law.

Question 19

Discuss the re-examing of the historical foundations of International Law.

TWAIL.

Answer 19

• TWAIL emphasizes that International Law, while promoting principles like sovereign equality and self-determination, has often been used to maintain imperial power structures.
• It argues that International Law was built on the colonial encounter between European powers and non-European societies, and it continues to reflect the legacy of imperialism in modern international legal practices.

Question 20

What are the three main objectives of TWAIL ?

Answer 20

• Deconstructing the use of International Law.
• Creating an alternative legal framework.
• Eradicating underdevelopment.

Question 21

What are the characteristics of TWAIL ?

Answer 21

• Anti-hierarchical.
• Counter-hegemonic.
• Suspicious of universalism.
• Coalitionary movement.