CHAPTER 1 THE NATURE OF INTERNATIONAL LAW
What is International Law?
- A body of rules and principles of action which are binding upon civilized states in their relation to one another
- A law which deals with the conduct of the states and of international organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical
Scope of International Law
a. Regulation of space expeditions
b. Division of the ocean floor
c. Protection of human rights
d. Management of international financial system
e. Regulation of the environment
f. Preservation of peace
Is International Law a Law?
- Henkin: It is probably the case that almost all nations observe all principles of international law and almost all of their obligations almost all of the time
- Brierly: The ultimate explanation of the binding force of all law is that man, whether he is a single individual or whether he is associated with other men in a state, is constrained, in so far as he is reasonable being, to believe that order and not chaos is the governing principle of the world in which he lives
Some Theories about International Law
| Theory | Austin: Law consists of commands originating from a sovereign and backed up by threats of sanction if disobeyed
International law is not law because it does not come from a command of a sovereign |
| Consensual Theory | International law derives its binding force from the consent of states
Treaties—expression of consent Custom—voluntary adherence to common practices, is seen as expression of consent |
| Natural Law Theory | Law is derived by reason from the nature of man
International law—application of natural reason to the nature of the state-person |
Public International Law v. Private International Law
|
Public International Law |
Private International Law |
|
Referred to as International Law |
Referred to as Conflict of Laws |
| Governs the relationship between and among states and also their relations with international organizations and individual persons | Domestic law which deals with cases where foreign law intrudes in the domestic sphere where there are questions of the applicability of foreign law or the role of foreign courts |
Related articles:
Bernas Public International Law – TERRITORY: LAW OF THE SEA Part 2- Bernas Public International Law – THE LAW OF TREATIES
Bernas Public International Law – INTERNATIONAL ENVIRONMENTAL LAW
Bernas Public International Law – PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Part 4
Bernas Public International Law – SUBJECTS OF INTERNATIONAL LAW STATES Part 2
Bernas Public International Law – THE LAW OF WAR Part 2
