Cag University
Law Faculty
International Law I
I
Instructor: Ast. Prof. Sami Doğru
Law Among Nations: An Introduction To Public International Law, Von Glahn, G., &
Taulbee, J.L. (2010). (9th ed.). New York: Pearson.
Overview of Objectives
• Syllabus Overview
• Attendance Requirements
• Presentation of Materials (lecture & discussion)
– What is International Law?
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What is International Law?
Let’s begin with your thoughts!
From your own understanding, what is
international law?
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What is international Law?
International law, commonly referred to as "public
international law," regulates relations and activities
between nations.
In other words, international law is simply the set
of rules that countries follow in dealing with each
other.
It also contains rules regarding the operations of
international organizations, such as the United
Nations.
In addition, it governs state treatment of
individuals and juridical persons (i.e., non-natural
persons, such as a corporation, association or
partnership).
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What is international Law?
International law is one of these things that's a
little bit like the “air” where it's everywhere.
We don't really notice it so when you get on a
plane and you fly to Europe.
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What is international Law?
The ability to get on that plane, cross over the air
space of other countries, sometimes you see the
little map when you're in the plane that shows
you're crossing over Greece or whatever.
All of that is governed by international law in
different ways.
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What is international Law?
Different treaties are in place to take care of all the
questions that might arise about aviation:
- 1944 Chicago Convention
So that's a really mundane example and then at
the other extreme we've got much more
contentious examples like- Let's take the war in Iraq.
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What is international Law?
- Iraq war.
So as most of us remember in the run up to the
war the Bush Administration went to the Security
Council at the United Nations and tried to get a
Second Resolution.
And they're doing that because there is a legal
framework in place that governs the ability of
countries to enter in to armed conflict.
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What is international Law?
So between those two bookends a zillion other
examples but I think the thing to recognize about
international law is in a globalized world, in an
integrated world,
- you are constantly dealing with things that are
crossing borders or
- you're crossing borders and international law is
usually playing some role in shaping that.
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The nature and development of international law
In the long march of mankind from the cave to the
computure a central role has always been played
by the idea of law.
For this idea «order» is necessary and chaos
inimical to a just and stable existence.
The truth is that international law is
- neither a myth on the one hand,
- nor a panacea on the other,
- but just one «institution» among others which we
can use for the building of a better international
order
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The nature and development of international law
First let us clear away any misunderstandings about
private international law and transnational law.
Private international law/conflict of laws
Private international law is an unfortunate term for
what is more properly and accurately called conflict
of laws.
That is the body of rules of the domestic law of a
state
- which applies when a legal issue contains a
foreign element,
- and it has to be decided whether a domestic court
should apply foreign law or cede jurisdiction to a
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The nature and development of international law
Private international law/conflict of laws
Many of the rules are now found in legislation.
Naturally, over time the domestic rules grow
closer as states come to adopt similar solutions to
the same problems, but they remain domestic law.
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The nature and development of international law
International law is sometimes called public
international law to distinguish it from private
international law.
Whatever the connections international law has
with other systems of law,
- it is clearly distinguished by the fact that
* it is not the product of any national legal
system,
* but of the states (now over 190) that make up
our world.
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The nature and development of international law
In the past, international law was referred to as
the Law of Nations.
Although it had been developing over many
centuries.
International law as we know it today is
commonly said to have begun properly with the
Dutch jurist and diplomat, Grotius (Hugo de Groot),
1583–1645, and with the Peace of Westphalia 1648.
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The nature and development of international law
That event (above) marked;
- not only the end of the Thirty Years War
- but also the end of feudalism (and, with the
Reformation, obedience to the Pope) and
- the establishment of the modern state with
central governmental institutions that could
enforce control over its inhabitants and defend
them against other states.
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The nature and development of international law
Feudalism
The dominant social system in medieval Europe, in which
the nobility held lands from the Crown in exchange for
military service, and vassals were in turn tenants of the
nobles, while the peasants (villeins or serfs) were obliged
to live on their lord's land and give him homage, labor,
and a share of the produce, notionally in exchange for
military protection.
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The nature and development of international law
But since those states had to live with each
other, there had to be common rules governing
their external conduct.
Although rudimentary rules had been developing
ever since civilised communities had emerged,
from the mid 17. century they began to develop into
what we now recognise as international law.
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Definitions to Consider
There is more than one way to define
International Law.
We will look at two, in particular.
Traditional Definition
vs.
Modern Definition
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Traditional Definition
“Traditionally,
writers
have
international law as that body of;
defined
- principles,
- customs, and
- rules recognized as effectively binding
obligations by sovereign states and such other
entities as have been granted international
personality.” (Von Glahn, p3)
What does this mean?
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Traditional Definition
Basically, international law is;
- the set of laws and customs (rules, etc.),
- that states (& any other entity that has an
international personality) have agreed to
follow.
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Traditional Definition
Note:
For now, think of a state as an entity
with;
- territory,
- a permanent population, and
- its own governmental control.
It can also engage in formal relations
with other such entities. (p126)
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Traditional Definition (cont’d)
Also, other organizations and entities that are not
states may be able to function in the international
arena (i.e., make binding agreements, conclude
contracts, administer property, etc.).
These organizations/entities would be described
as having international personality. (p141)
We will talk about states & international
personality a bit later.
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Traditional Definition (cont’d)
So what do you think about the traditional
definition?
Do you notice anything in particular?
Is it a good definition or a bad definition?
Why or why not?
Take 10 minutes to write down your thoughts
on these questions.
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Modern Definition
Here is another definition to consider (from
the ALI Restatement):
“ ‘International law,’ . . . consists of rules
and principles of general application dealing
with the conduct of states and of international
organizations and with their relations . . ., as
well as with some of their relationships with
persons, whether natural or juridical.” (p4)
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Modern Definition (cont’d)
Do you notice anything different
about the modern definition?
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Traditional vs. Modern
According to
definitions . . .
our
text,
traditional
“assume that international law has nothing
to say about how rulers treated their subjects
or how governments treated their citizens.
Hence, international law applies between
and among states but has no power or
authority to intrude into the affairs of the
domestic community.” (p.4)
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Traditional vs. Modern
“The more modern definition . . .
Acknowledges that, increasingly, international
law in the form of evolving human rights norms
also applies to the relationship between
individuals and their states and may specify
rights and duties for individuals in certain
circumstances.” (p.4)
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Traditional vs. Modern
Question:
Is it a good idea to include individuals?
What are some pros and cons for including
individuals in the modern definition?
Write down at least 3 pros and 3 cons.
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What is International Law?
So now you have an idea of what international
law generally involves.
We see that it refers to a set obligations that
states and other potential entities agree to be
bound by.
It also governs or influences the relations that
states (& other potential entities) have with each
other.
What is International Law?
But can international law really be taken
seriously?
Some
people
are
skeptical
.
.
.
After all, what is to stop governments from
complying only when it is convenient?
Some Points from Skeptics . . .
Take a look at 3 in particular:
1. “International law is the law which the
wicked do not obey and the righteous do not
enforce.” – Abba Eban
2. “…[t]he training ground
imagination.” Jean Giradoux
for
the
3. “… the vanishing point of jurisprudence.”
Nicholas Onuf
What are your thoughts on these quotes?
Agree? Disagree? Why?
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What is International Law?
These quotes reflect quite a bit of skepticism
regarding international law.
In fact, there is a range of perspectives to
consider.
We will only take a look at three, in
particular:
- Realism
- Liberalism
- Constructivism.
Wrap-Up
This material is a basic introduction of
international law.
Please review your notes on this presentation.
This material will be included on both the
quizzes and the exams.
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