International Law

Overview

What is international law?

International law, commonly referred to as "public international law," regulates relations and activities between nations. 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).

International law is distinct from "private international law" (also known as "conflict of laws"), which regulates dealings between individuals and juridical persons from different nations.

Note that international law refers to nations as sovereign states. In this context, sovereign states does not mean states within a nation. Furthermore, in the United States, individual states lack authority to engage in international dealings. The U.S. Constitution explicitly denies states this power, and vests it with the federal government. (U.S. Const. Art. I, § 10).

International law encompasses several areas, such as international trade, the creation and dissolution of states, use of force (regarding when a state may initiate force against another state), armed conflict ("humanitarian law", which regulates how a state conducts an armed conflict), human rights (which are set forth in several international instruments, such as the Declaration of Human Rights), refugees, crimes, environment, labor, the sea, air space, and postal services.

How is international law enforced?

International law differs from domestic law. In the United States, the federal and state governments enforce domestic American law. However, in terms of international law, no government or international organization enforces international law. Although the United Nations Security Council may pass measures authorizing enforcement, the enforcement entity envisioned (Art. 43) to carry out such measures never materialized due to the failure of member states to provide the necessary resources (such as troops). (An enforcement body should not be confused with existing United Nations peacekeeping forces, whose function is to maintain peace and security, not to enforce breaches of international law.)

How are international disputes resolved?

International disputes sometimes result in armed conflict between states, despite the prohibition of aggressive force (meaning, force not used in self-defense) (United Nations Charter, Art. 2(4)). However, most disputes between states are settled peacefully. Pacific settlement is often reached by diplomatic means, whereby states voluntarily comply with international law amidst pressure from other states. Another peaceful settlement mechanism is submission of the matter by the disputing states to an international tribunal, court, or arbitration.

What are the sources of international law?

International agreements
Customary law
jus cogens (meaning "strong law" or "compelling law")
resolutions passed by international organizations (in some circumstances)
to an extent, decisions of international tribunals, courts, and arbitrations (depending upon the underlying agreement to arbitrate)
some general principles of law
judicial decisions and academic treatises (but only as auxiliary sources)

International agreements (such as treaties, conventions, covenants and protocols) between states are the oldest sources of international law. The earliest known treaty dates back to 1380 B.C., to an alliance between the Hittite King Suppiluliuma I and Aziras of Amurru (a North Syrian province of the Egyptian empire).

Customary law is law developed out of a practice by states of adhering to a particular custom out of a sense of obligation.

Jus cogens describes peremptory norms of international law from which no derogation by treaty is permitted. (Vienna Convention on the Law of Treaties, Arts. 53, 64). For example, nations may not contract out of the law forbidding slavery.

In special circumstances, international organizations can create binding law. Resolutions passed by the United Nations Security Council under Chapter VII of the United Nations Charter may be binding on member states (Arts. 41, 42, 48, 49). An example of such a resolution is one that orders sanctions against a state in response to a breach of international law which threatens international peace and security.

Opinions issued by international tribunals (including courts and arbitration) comprise law to the extent that they are binding upon the states-parties to the proceeding. Such decisions are not binding on non-parties, but may serve to reveal the composition of international law to other states and tribunals.

Other sources of international law may be inferred from those available to the International Court of Justice (the "ICJ," also known as "the World Court," the main judicial organ of the United Nations). In addition to the sources already mentioned, the World Court may rely on general legal principles "as recognized by civilized nations" in deducing international law (Statute of the ICJ, Art. 38). The Court may also draw upon, as secondary sources, "judicial decisions and teachings of the most highly qualified publicists of the various nations" in determining the rules of international law (Statute of the ICJ, Art. 38).

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Featured Cases

Xinfang: Alternative to Formal Chinese Legal Institutions
Stanford Journal of International Law, Vol. 42, 2006, Washington U. School of Law Working Paper No. 10-02-03 Carl F. Minzner Washington University School of Law in St. Louis Date Posted: February 7, 2010 Last Revised: February 7, 2010
(February 6, 2010)
Subverting Shareholder Rights: Lessons from News Corp.'s Migration to Delaware
Vanderbilt Law Review, Vol. 63, No. 1, 2010 , Sydney Law School Research Paper No. 10/16, Vanderbilt Law and Economics Research Paper No. 10-03 Jennifer G. Hill University of Sydney - Faculty of Law Date Posted: January 27, 2010 Last Revised: February 6, 2010
(February 5, 2010)
Attack of the Sovereign Wealth Funds: Defending the Republic from the Threat of Sovereign ...
Michigan State University College of Law Journal of International Law, Forthcoming, MSU Legal Studies Research Paper No. 08 -01 Bruce W. Bean Michigan State University - College of Law Date Posted: January 18, 2010 Last Revised: February 6, 2010
(February 5, 2010)
Practical Global Civil Justice: Decisions According to Law in the United States, Germany, Korea. ...
James R. Maxeiner , Gyooho Lee , Harriet Weber and Armin Weber University of Baltimore School of Law , Chung-Ang University School of Law , affiliation not provided to SSRN and affiliation not provided to SSRN Date Posted: February 6, 2010 Last Revised: February 6, 2010
(February 5, 2010)
Practical Global Civil Justice: Decision According to Law in the United States, Germany and ...
James R. Maxeiner , Gyooho Lee , Harriet Weber and Armin Weber University of Baltimore School of Law , Chung-Ang University School of Law , affiliation not provided to SSRN and affiliation not provided to SSRN Date Posted: February 6, 2010 Last Revised: February 6, 2010
(February 5, 2010)

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Legislation

Bill Introduced: H.R.4573 Debt Relief for Earthquake Recovery in Haiti Act of 2010
To direct the Secretary of the Treasury to instruct the United States Executive Directors at the International Monetary Fund, the World Bank, the Inter-American Development Bank, and other multilateral development institutions to use the voice, vote, and influence of the United States to cancel immediately and completely Haiti's debts to such institutions, and for other purposes.
(January 31, 2010)
Bill Introduced: S.Res.404 A resolution supporting full implementation of the Comprehensive ...
A resolution supporting full implementation of the Comprehensive Peace Agreement and other efforts to promote peace and stability in Sudan, and for other purposes.
(January 30, 2010)
Bill Introduced: S.2961 Haiti Recovery Act
A bill to provide debt relief to Haiti, and for other purposes.
(January 26, 2010)
Bill Introduced: S.Res.400 A resolution urging the implementation of a comprehensive strategy ...
A resolution urging the implementation of a comprehensive strategy to address instability in Yemen.
(January 26, 2010)
Bill Introduced: H.Res.1048 Commending the efforts and honoring the work of the men and women ...
Commending the efforts and honoring the work of the men and women of USNS Comfort and the United States Navy in the immediate response to those affected by the earthquake that struck Haiti on January 12, 2010.
(January 25, 2010)

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Regulations

Proposed Rule - Schedule of Fees for Consular Services, Department of State and Overseas ...
Department of State
Proposed Rule
Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates
,
6321-6330 [2010-2816]
DEPARTMENT OF STATE 22 CFR Part 22 [Public Notice: 6887] RIN 1400-AC58 Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates AGENCY: Bureau of Consular Affairs, State. ACTION: Proposed rule. SUMMARY: This rule proposes adjustments in current fees for consular services. The Department of State is adjusting the fees in light of an independent cost of service study's (``CoSS'') findings that the U.S. Government is not fully covering its costs for... [read document]
View Document | Download PDF
(February 8, 2010)
Proposed Rule - Exchange Visitor Program - Secondary School Students; Withdrawal
Department of State
Proposed Rule
Exchange Visitor Program - Secondary School Students; Withdrawal
,
68756 [E9-30837]
DEPARTMENT OF STATE 22 CFR Part 62 [Public Notice: 6858] Exchange Visitor Program--Secondary School Students AGENCY: Department of State. ACTION: Proposed rule; withdrawal. SUMMARY: On December 23, 2009 the State Department published in the Federal Register a proposed rule titled Exchange Visitor Program-- Secondary School Students. The Department revised existing regulations to provide greater specificity and clarity to sponsors of the Secondary School Student category with respect to the... [read document]
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(December 28, 2009)
Proposed Rule - Exchange Visitor Program; Secondary School Students
Department of State
Proposed Rule
Exchange Visitor Program; Secondary School Students
,
68200-68208 [E9-30274]
DEPARTMENT OF STATE 22 CFR Part 62 [Public Notice: 6853] RIN 1400-AC56 Exchange Visitor Program--Secondary School Students AGENCY: Department of State. ACTION: Proposed rule with request for comment. SUMMARY: The Department of State is proposing to amend and improve the Exchange Visitor Program regulations by providing greater specificity and clarity to sponsors of the Secondary School Student category with respect to the execution of sponsor oversight responsibilities under the exchange... [read document]
View Document | Download PDF
(December 22, 2009)
Proposed Rule - Schedule of Fees for Consular Services, Department of State and Overseas ...
Department of State
Proposed Rule
Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates
,
66076-66079 [E9-29722]
DEPARTMENT OF STATE 22 CFR Part 22 [Public Notice: 6851] RIN: 1400-AC57 Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates AGENCY: Bureau of Consular Affairs, State. ACTION: Proposed rule. SUMMARY: This rule amends the Schedule of Fees for Consular Services (Schedule) for nonimmigrant visa application and border crossing card processing fees. The rule raises from $131 to $140 the fee charged for the processing of an application for most... [read document]
View Document | Download PDF
(December 13, 2009)
Proposed Rule - Amendment to the International Traffic in Arms Regulations: Section 125. ...
Department of State
Proposed Rule
Amendment to the International Traffic in Arms Regulations:
Section 125.4(b)(9) Export Exemption for Technical Data
,
61292-61294 [E9-28181]
DEPARTMENT OF STATE 22 CFR Part 125 [Public Notice 6338] RIN 1400-AC59 Amendment to the International Traffic in Arms Regulations: Section 125.4(b)(9) Export Exemption for Technical Data AGENCY: Department of State. ACTION: Proposed rule. SUMMARY: The Department of State is proposing to amend the International Traffic in Arms Regulations (ITAR) regarding an exemption for technical data, to clarify that the exemption covers technical data, regardless of media or format, sent or taken by a U.S.... [read document]
View Document | Download PDF
(November 23, 2009)

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Articles

Charting America's Return to Public International Law Under the Obama Administration
Journal of National Security Law & Policy, Vol. 3, No. 2, p. 239, 2009 Michael J. Kelly Creighton University School of Law Date Posted: February 9, 2010 Last Revised: February 9, 2010
(February 8, 2010)
The Jurisdiction of the Arbitral Tribunal: A Transnational Analysis of the Negative Effect of ...
Macquarie Journal of Business Law, Vol. 2009, pp. 119-145, La Trobe Law School Legal Studies Research Ozlem Susler La Trobe University - Faculty of Law and Management Date Posted: February 9, 2010 Last Revised: February 9, 2010
(February 8, 2010)
New Trends in the Regulation of Executive Remuneration
DIRECTORS IN TROUBLED TIMES, pp. 100-123, R. P. Austin and A. Y. Bilski, eds., Ross Parsons Centre of Commercial, Corporate and Taxation Law, 2009, Sydney Law School Research Paper No. 10/22, Vanderbilt Law and Economics Research Paper No. 10-05 Jennifer G. Hill University of Sydney - Faculty of Law Date Posted: February 8, 2010 Last Revised: February 9, 2010
(February 8, 2010)
The Cultural and Intellectual Property Interests of the Indigenous Peoples of Turkey and Iraq
Hannibal Travis Florida International University College of Law Date Posted: February 9, 2010 Last Revised: February 9, 2010
(February 8, 2010)
MTICC (VAT FRAUD) in VoIP - Market Size $3.3b
Boston Univ. School of Law Working Paper No. 10-03 Richard Thompson Ainsworth Boston University - School of Law Date Posted: February 8, 2010 Last Revised: February 8, 2010
(February 7, 2010)

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