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International
Relations-PSC 201
VU
LESSON
25
THE
RELEVANCE OF INTERNATIONAL LAW IN
INTERNATIONAL
RELATIONS
What
is International Law?
International
laws are rules which
relate to the functioning of individuals,
institutions and states in
the
international
arena. International law has
various ingredients including general
principles of law and
justice,
which
are equally suited to regulating the
conduct of individuals, organizations within a
state and states
themselves.
Evolution
of International Law
Formulation
of international law can be
traced back to the third and
fourth millenniums B.C. Early
rulers
had
made international rules to
safeguard emissaries, initiation
and cessation of hostilities and
arrangement
of
truces, and maritime
laws.
To
aid governance, the Romans
devised principles of just gentrium or
law of the people. By the time the
Roman
Empire fell, application of
these laws was widely
accepted.
European
states also contributed to
international laws at a later stage in
history. By the 14th century, scholars
were
writing about international law. Hugo
Grotius, for example, produced a
momentous work on
laws
concerning
war and peace, emphasizing
the independent nature of law.
During
the eighteenth century, three prominent
schools of thought concerning
international law
were
evident;
the positivists, the naturalists and the
Grotians.
The
naturalists believed in upholding
morality through laws. The
positivists focused on practicalities and
the
consensual
nature of these laws. The
Grotians combined both naturalists
and positivist
elements.
In
the past century, the League and the UN
system, and subsequently the
International Court of
Justice
have
made important contributions to
international law. Other institutions
like IMF or WTO influence
laws
concerning
trade economic laws.
Different
Types of International
Law
Private
and Public Laws: private law
concerns individuals, whereas
public law concerns the
behavior of
organizations
and even states.
Procedural
and Substantive Laws: Procedural
laws define types of permitted
behavior whereas substantive
laws
concern
territorial rights of states.
Laws
of War and Peace: There
are laws governing behavior
of states in a state of war
(concerning rights of
prisoners
of war) and those meant to
prevent outbreak of violence and promote
peace.
Particular
and General Laws: General or
universal laws are
applicable to all sovereign
states, whereas particular
laws
are defined by bilateral or regional
agreements.
Relevant
Vocabulary
Maritime:
concerning the sea and its
navigation
Bilateral:
between two parties
Momentous:
major or significant
Consensual:
seeking agreement
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International
Relations-PSC 201
VU
Suggested
Readings
Students
are advised to read the
following chapters to develop a better understanding
of the various
principals
highlighted in this hand-out:
Chapter
11 in `"A Study of International
Relations" by Dr. Sultan
Khan
Internet
Resources
In
addition to reading from the
textbook, please visit the
following web-pages for this
lecture, which
provide
useful and interesting
information:
Foreign
and International Law
www.washlaw.edu/forint/forintmain.html