/100-26_files/100-2600001im.jpg" width="695" height="1044" useMap="#Map">

International Relations-PSC 201

LESSON 26

THE RELEVANCE OF INTERNATIONAL LAW IN INTERNATIONAL

RELATIONS (CONTINUED)

Another Perspective on International Laws

Another viewpoint through which one can consider the topic of international law is to focus on the laws of

power, coordination and reciprocity.

Laws of power regulate master-slave relations. Those of coordination regulate relations amongst members

of the same group. Laws of reciprocity refer to the intermediary interaction which implies mutual benefit.

Naturalists vs. Positivists

Naturalism and positivism developed side by side. Naturalists argued that Divine authority was the source

of all laws. They argued that such laws had international validity as they were relevant for all humans and

were consistent with logical deductions concerning our natural state.

There is not much evidence of wide bodies of natural laws being accepted just because of their logical

consistency or because of consistent obedience to Divine authority (St. Augustine was a prominent

naturalist).

Positivists argued that only those international laws had validity, which were adopted by consent of

sovereign states. Consent is therefore considered the basis for the sense of binding obligation implied by

international laws.

The Grotians or the eclectics treaded the middle path between the positivists and naturalists, conceding to

the relevance of both morality and consent.

Sources of International Law

Article 38 of the ICJ recognizes natural laws, general laws, custom and legal commentaries as the basic

sources of international law. Based on principles of universal acceptability, some natural laws are applicable

across the world. Based on the implicit or explicit consent of states, customary laws are mainly based on

customs or treaties. General laws defined with reference to terms like justice or rights, enables jurists to fill in

the gaps left by positivist laws. Legal commentaries help clarify, elaborate upon and apply the broad nature of

laws to specific circumstances.

Formulation & Implementation of International Laws

There is no formal institution to make international laws, so they are made outside of formal institutions.

Treaties, for example imply signatory states to accept certain conditions concerning a particular issue. Some

treaties are made by international institutions but they only come into effect after ratification by sovereign

states.

If a sufficient number of states follow a customary practice, it becomes an international custom. The

International Court of Justice (ICJ), which is composed of UN member states recommended by the Security

Council, has an advisory capacity to interpret treaties, but it lacks the authority of national courts.

International tribunals also lack the authority of national judicial institutions. There is no international

institution to implement international laws. Individuals and states are treated as objects of international

laws. War crime tribunals were after WWII and after the massacres of Rwanda, the former president of

Serbia is being prosecuted for war crimes against the Muslims of Bosnia by the ICJ.

International versus National Laws

National laws have much greater legitimacy than international laws. While individuals rarely have recourse

to self-help within nations, states rely on self-help as a matter of norm lest they are bound by a treaty of

/100-26_files/100-2600002im.jpg" width="712" height="1044" useMap="#Map">

International Relations-PSC 201

some sort. With the passage of time, international laws are becoming more accepted and complex and

sanctions and international censure ensure states to oblige to them.

Relevance of International Laws

Despite its limitations, international law helps give shape to international order. It influences and channels

bilateral or even multilateral economic, social and political cooperation. It provides the normative

background based on which independent states can make their decisions.

Relevant Vocabulary

Multilateral: operating at multiple levels

Normative: ethical or moral

Censure: criticism or denouncement

Validity: acknowledgement or legitimacy

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:

International Court of Justice