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Summary ALL OF PIL IN ONE
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PUBLIC INTERNATIONAL LAWLecture 1: Introduction to Public International Law
Subjects:
• public international law as ‘law’
• Historical development of international law
• Relationships between national and international law
Public International Law (PIL): consists of those rules and principles that regulate the relations
between states and other entities, provided that they poses international legal personality. (International
Law, Anders Henriksen, p1)
History modern PIL:
• starts in 1648 with the peace of Westphalia, series of peace treaties marking the end go the thirty years
war. (International Law, Anders Henriksen, p4)
• These treaties brought an end to the 30 year war and was the birth of the modern states. because it
reduced transnational forces and as a result it created territorial units as equal sovereign states.
(International Law, Anders Henriksen, p4)
• Due to the increasing number of sovereign states, the use of treaties increases as well to regulate the
interaction between those newly created states. (International Law, Anders Henriksen, p5)
• This led to the creation of international organisations.
• WW1 happened
• After WW1 the league of nations was established, with its main task to secure international peace.
• The permanent court of international justice was established by the league of nations. (International
Law, Anders Henriksen, p6)
• WW2 happened
• After WW2 in 1945 the United Nations was established, with its main objective being protection and
restoring international peace and security. (International Law, Anders Henriksen, p6)
United Nations:
The founding documents of the united nations is the UN charter.
The UN consists of 6 organs, established in Art. 7 UN charter:
1. General Assembly (GA) (chapter IV UN Charter): (International Law, Anders Henriksen, p7)
• The General Assembly is the representative body of the UN, were all member states have a seat in.
• The General Assembly is a consultative body can only adopt non-binding resolutions, on a wide range
of issues.
2. Security Council (SC) (Chapter V UN Charter): (International Law, Anders Henriksen, p7)
• The council consists of 5 permanent member, which have a veto (China, France, UK, USA and
Russia)
• It also has 10 non-permanent members elected for a two-year period
• It is the only body within the UN that has the power to adopt binding resolution (Chapter VII UN
Charter), the can do that in case where there is a threat to or breach of international peace and security,
or an act of aggression.
3. Economic and Social Counsel
,4. Trusteeship Council
5. International Court of Justice (ICJ) (Chapter XIV Charter):
• The ICJ operates on a consent-based jurisdiction to settle disputes between states, the decision of the
court is binding
• It also is has a advisory jurisdiction to advice UN organs on a legal question
6. Secretariat
Major issues in development UN: (International Law, Anders Henriksen, p7)
1. The cold war:
• As a result of the cold war the world was divided into 2 blocks
• There wasn’t any armed violence, however it is yet a failure of collective security
• It led to the paralysation of the Security Council, because it was unable to adopt a resolution and to act
effectively
2. Decolonisation: (International Law, Anders Henriksen, p7)
• When the UN was established over 90% was colonised of Africa was under colonial power.
• The General assembly had a Hughe impact in the decolonisation process, this was because in 1960
they adopted the declaration on the granting of independence to colonies.
• This declaration affirmed that all people have the right of self-determination, and that colonisation
should be brought to a speedy end.
PIL today: (International Law, Anders Henriksen, p9)
• growing independence of Staes, international organisations and multinationals.
• Emerging new fields of International Law, such as environmental law.
• Growing number of international organisations, such as the EU, Nato, ICC, ECthr.
National law is adequate to deal with legal problems within a state, but it lacks the competence do deal
with legal issues that involve multiple states. Then the answer can be found within International Law.
There are 2 ways which an issue becomes of interest to more than one state: (International Law, Anders
Henriksen, p10)
1. The International law of coexistence: where two or more states may have colliding interest in the
substance of the issue. The international law of coexistence contains the legal sewers to question that
are inherently of interest to more than one state and required to separate the powers of the sovereign
states and thereby uphold peaceful coexistence. It is primarily horizontal in the sense that it is mainly
concerned with the manner in which sovereign states interact with each other. It seeks to ensure that
Staes can prise their different and separate interest in a way that respects the sovereignty and rights of
other states. (International Law, Anders Henriksen, p11)
2. The international law of cooperation: When the involved shares have agreed in a treaty to turn the
issue into one of international characters. In the international laws of cooperation the answers auto
issues that aren’t inherently of interest to two or more states but which have nevertheless have been
turned into matters if international concerns through the adoption of a treaty. (International Law,
Anders Henriksen, p11) Since treaties are international agreement covered by international law. The
international law of cooperation is optional in the sense that states decide for themselves if they want
to turn a matter previously dealt with by national law into a matter of international law. (International
Law, Anders Henriksen, p12)
Relationship between international law and national law:
• International Law asserts its own supremacy over national law: A state cannot justify a breach of its
international legal obligations by arguing that compliance would be at difference with its national law.
(International Law, Anders Henriksen, 13.
, • International Law is applied in national legal systems by the legislature and national courts
(International Law, Anders Henriksen, p14) There are 2 different approaches that states use:
1. Monism: international law and national law essentially form a single legal order or a set of mutually
intertwined legal orders that are presumed to be coherent. It also holds that international law can be
applied directly in the national legal system of states and and that the international norm prevails in
the case of conflict. (International Law, Anders Henriksen, p14)
2. Dualism: International law and national law are two separate legal systems that operate
independently. If international law is applied domestically it is because it is ‘translated’ into the
national legal system, through the adoption of national legislation. (International Law, Anders
Henriksen, p14)
GA resolution 377 A (1950): in this resolution it was adopted that when the security council failed to
exercise its primary responsibility for the maintenance of international peace and security in ant case
where there appears to be a their to the peace, breach of the peach or act of aggression, because of lack of
unanimity. The General Assembly shall consider the matter immediately with a view to making
appropriate recommendations to members for collective measures.
ICJ Wall opinion (para 25-35):
• Under Art. 12 of the UN charter: the GA cannot make any recommendations regarding a dispute, if the
dispute whilst the SC deals with situation, unless the SC itself requests this.
• Under Art. 24 of the UN Charter: the primary responsibility of the maintenance of international peace
and security lies with the SC. However it is not exclusive, since the GA has the power to recommend
measures for the peaceful adjustment under Art. 14 UN Charter. (Para 26)
• The problem that arises it that this is restricted under Art. 12 if the SC is dealing with the situation,
therefore there have been multiple situations where the SC refrains from the dispute, in order for the
GA to make a recommendation. (Para 27)
• Under resolution 377 A (V) the GA can intervene if the SC has: failed to exercise its primary
responsibility as a result of a negative vote of the permanent 5, and that the situation bears a threat to
international peace. (Para 30)
• In case of the situation described above the GA can adopt anu resolution falling within the subject-
matter for which the session has been convened. (Para 32)
Resolution 1514 (1960) Declaration on the granting of independence to colonial countries and
people:
Here it was solemn proclaimed the necessity of bringing to a speedy and unconditional end colonialism in
all its forms and manifestations. It was declared that:
1. The subjection of people to alien subjugation, domination and exploitation constitutes a denial of
fundamental human rights, is contrary to the charter of the United Nations and is an impediment to
the promotion of world peace and co-operation.
2. All people have the right to self-determination; by virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural development.
3. Inadequacy of political, economic, social or educational preparedness should never sever as a pretext
for delaying independence.
4. All armed action or repressive measures of all kinds directed against dependent people shall cease in
order to enable them to exercise peacefully and freely their right to complete independence, and the
integrity of their national territory shall be respected.
5. Immediate steps shall be taken, in trust and non-self-governing territories or all other territories which
haven’t yet attained independence, to transfer all powers to the people of those territories, without any
conditions or reservations, in accordance with their freely expressed will and desire, with our any
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