Basic Aspects of International Law - Public International Law

Basic Aspects of International Law

Public International Law governs the legal relations between sovereign states and other international actors such as international organizations. It establishes the framework and norms for international conduct.

1. Definition and Scope

International Law refers to the body of legal rules, norms, and standards that apply between sovereign states and other internationally recognized entities. It includes treaties, customs, and general principles of law recognized by civilized nations.

2. Sources of International Law

Treaties and Conventions – Formal agreements between states.
Customary International Law – Practices accepted as law due to general and consistent practice of states.
General Principles of Law – Fundamental legal principles recognized across national legal systems.
Judicial Decisions – Decisions of international courts like ICJ as subsidiary sources.
Scholarly Writings – Teachings of highly qualified publicists.

3. Key Principles of Public International Law

Sovereign Equality: All states are equal in international law regardless of size or power.
Non-Intervention: No state should interfere in the internal affairs of another state.
Peaceful Settlement of Disputes: Disputes should be resolved through peaceful means such as negotiation, mediation, arbitration, or judicial settlement.
Prohibition of the Use of Force: States must refrain from the threat or use of force.
Respect for Human Rights: Protection of fundamental human rights is a core component of international obligations.

4. Subjects of International Law

The primary subjects of international law include:

Sovereign States
International Organizations (e.g., United Nations)
Individuals (especially in cases like human rights and international crimes)
Non-Governmental Organizations (limited legal personality)

5. Enforcement and Limitations

Unlike domestic law, enforcement of international law is complex and relies on voluntary compliance, diplomacy, and international pressure. Institutions like the International Court of Justice (ICJ) and the International Criminal Court (ICC) play crucial roles in dispute resolution and enforcement.

6. Importance of International Law

International law plays a vital role in promoting global peace, security, human rights, environmental protection, and international trade.

Published by Pavan Law Chambers | Public International Law Insights