International law
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 norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights. International law differs from state-based domestic legal systems 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. States may choose to not abide by international law, and even to breach a treaty but such violations, particularly of peremptory norms, can be met with disapproval by others and in some cases coercive action ranging from diplomatic and economic sanctions to war.
"Law of Nations" redirects here. For the 18th-century political treatise, see The Law of Nations.With origins tracing back to antiquity, states have a long history of negotiating interstate agreements. An initial framework was conceptualised by the Ancient Romans and this idea of ius gentium has been used by various academics to establish the modern concept of international law. The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognised 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 traditions are not legally binding. The relationship and interaction between a national legal system and international law is complex and variable. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions 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[edit]
The modern term "international law" was originally coined by Jeremy Bentham in his 1789 book Introduction to the Principles of Morals and Legislation to replace the older law of nations, a direct translation of the late medieval concepts of ius gentium, used by Hugo Grotius, and droits des gens, used by Emer de Vattel.[1][2] The definition of international law has been debated; Bentham referred specifically to relationships between states which has been criticised for its narrow scope.[3] Lassa Oppenheim defined it in his treatise as "a law between sovereign and equal states based on the common consent of these states" and this definition has been largely adopted by international legal scholars.[4]
There is a distinction between public and private international law; the latter is concerned with whether national courts can claim jurisdiction over cases with a foreign element and the application of foreign judgments in domestic law, whereas public international law covers rules with an international origin.[5] The difference between the two areas of law has been debated as scholars disagree about the nature of their relationship. Joseph Story, who originated the term "private international law", emphasised that it must be governed by the principles of public international law but other academics view them as separate bodies of law.[6][7] Another term, transnational law, is sometimes used to refer to a body of both national and international rules that transcend the nation state, although some academics emphasise that it is distinct from either type of law. It was defined by Philip Jessup as "all law which regulates actions or events that transcend national frontiers".[8]
A more recent concept is supranational law, which was described in a 1969 paper as "[a] relatively new word in the vocabulary of politics".[9] Systems of supranational law arise when nations explicitly cede their right to make decisions to this system's judiciary and legislature, which then have the right to make laws that are directly effective in each member state.[9][10] This has been described as "a level of international integration beyond mere intergovernmentalism yet still short of a federal system".[9] The most common example of a supranational system is the European Union.[10]
Challenges and controversies[edit]
International law is currently navigating a complex array of challenges and controversies that have underscored the dynamic nature of international relations in the 21st century. Some of these challenges include enforcement difficulties, the impact of technological advancements, climate change, and worldwide pandemics.[240]
Among the most pressing issues are enforcement difficulties, where the lack of a centralized global authority often leads to non-compliance with international norms, particularly evident in violations of International Humanitarian Law (IHL). Sovereignty disputes further complicate the international legal landscape, as conflicts over territorial claims and jurisdictional boundaries arise, challenging the principles of non-interference and peaceful resolution. Furthermore, the emergence of new global powers introduces additional layers of complexity, as these nations assert their interests and challenge established norms, necessitating a reevaluation of the global legal order to accommodate shifting power dynamics.[241]
Cybersecurity has also emerged as a critical concern, with international law striving to address the threats posed by cyber-attacks to national security, infrastructure, and individual privacy. Climate change demands unprecedented international cooperation, as evidenced by agreements like the Paris Agreement, though disparities in responsibilities among nations pose significant challenges to collective action.[242]
The COVID-19 pandemic has further highlighted the interconnectedness of the global community, emphasizing the need for coordinated efforts to manage health crises, vaccine distribution, and economic recovery.[243]
These contemporary issues underscore the need for ongoing adaptation and cooperation within the framework of international law to address the multifaceted challenges of the modern world, ensuring a just, peaceful, and sustainable global order.