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THE RELEVANCE OF INTERNATIONAL LAW IN INTERNATIONAL RELATIONS (CONTINUED)

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International Relations-PSC 201
VU
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
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International Relations-PSC 201
VU
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
www.icj-cij.org
Table of Contents:
  1. WHAT IS INTERNATIONAL RELATIONS AND WHAT IS ITS RELEVANCE?
  2. APPROACHES TO INTERNATIONAL RELATIONS: THEORIES IN IR
  3. APPROACHES TO INTERNATIONAL RELATIONS:Traditional Approach
  4. THE NATION-STATE SYSTEM:Further Evolution of Nation-State
  5. THE NATION STATE SYSTEM: BASIC FEATURES OF A NATION-STATE
  6. NATIONAL INTEREST:Criteria for Defining National Interest
  7. NATIONAL INTEREST:Variations in National Interest, Relevant Vocabulary
  8. BALANCE OF POWER (BOP):BoP from a historical perspective
  9. BALANCE OF POWER (CONTINUED):Degree of Polarization, Functions of BoP
  10. DIPLOMACY:How Diplomacy Functions, Traditional Versus Modern Diplomacy
  11. DIPLOMACY (CONTINUED):Diplomatic Procedures & Practices, Functions of Diplomacy
  12. COLONIALISM, NEO-COLONIALISM & IMPERIALISM:Judging Colonization
  13. COLONIALISM, NEO-COLONIALISM & IMPERIALISM:Types of Neo-Colonialism
  14. COLONIALISM, NEO-COLONIALISM & IMPERIALISM:Objectives of Imperialism
  15. NEW INTERNATIONAL ECONOMIC ORDER:Criticism of IEO, NIEO Activities
  16. NEW INTERNATIONAL ECONOMIC ORDER:Prerequisites for the NIEO
  17. NON-ALIGNMENT MOVEMENT:Origin of NAM, NAM’s Institutional Structure
  18. NON-ALIGNMENT MOVEMENT (CONTINUED):Cairo Summit, Egypt - 1964
  19. NON-ALIGNMENT MOVEMENT:Criticism of NAM, NAM and Pakistan
  20. THE COLD WAR AND ITS IMPACTS - INTRODUCING THE COLD WAR PHENOMENON
  21. THE COLD WAR AND ITS IMPACTS (CONTINUED):Truman Doctrine, Marshal Plan
  22. THE COLD WAR AND ITS IMPACTS (CONTINUED):End of the Cold War
  23. DISARMAMENT AND ARMS CONTROL:History of Disarmament
  24. DISARMAMENT AND ARMS CONTROL (CONTINUED):Other Disarmament Efforts
  25. THE RELEVANCE OF INTERNATIONAL LAW IN INTERNATIONAL RELATIONS
  26. THE RELEVANCE OF INTERNATIONAL LAW IN INTERNATIONAL RELATIONS (CONTINUED)
  27. INTERNATIONAL ORGANIZATIONS:Need for IGOs, Categorizing IGOs
  28. INTERNATIONAL ORGANIZATIONS (CONTINUED):United Nations, Criticism of the UN
  29. INTERNATIONAL ORGANIZATIONS (CONTINUED):European Union, World Bank
  30. THE ROLE OF DECISION MAKING IN INTERNATIONAL RELATIONS
  31. DECISION MAKING (CONTINUED):Rational Actor Model, Group Politics Model
  32. SYSTEMS APPROACH TO IR:Underlying Assumptions, Elements of the System
  33. SYSTEMS BASED APPROACH (CONTINUED) – DISTINCT SYSTEMS IN IR
  34. LIBERALISM AND SOCIAL DEMOCRACY:Neoliberalism
  35. LIBERALISM AND SOCIAL DEMOCRACY (CONTINUED):Liberalism vs. Social Democracy
  36. INTEGRATION IN IR:Preconditions for Integration, Assessing Integration
  37. GLOBALIZATION AND ITS IMPLICATIONS:Advocates of Globalization
  38. THE GLOBAL DIVIDE:World Social Forum, Can the Global Divide Be Bridged?
  39. FOCUS ON FOREIGN INVESTMENTS:Pro-poor Foreign Investments
  40. CONFLICT AND CONFLICT RESOLUTION:Components of a Conflict
  41. CONFLICT RESOLUTION:Creative response, Appropriate assertiveness
  42. THE GLOBAL ENVIRONMENT:Global Concern for the Environment
  43. THE GLOBAL ENVIRONMENT:Environmental Concerns and IR, Some Other Issues
  44. HOW IR DIFFER FROM DOMESTIC POLITICS?:Strategies for altering state behavior
  45. CHANGE AND IR:Continuity in IR, Causality and counterfactuals, IR in a nutshell