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STUDY UNIT ONE INTRODUCTION TO INTERNATIONAL LAW
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PDF document setting out the introductory unit to International Law 341 lectured at Stellenbosch University.
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SU1 | IntroductionSTUDY UNIT ONE | INTRODUCTION TO
INTERNATIONAL LAW
TW Bennett Chapter 1; A Casses Chapter 3
Declaration on Principles of International Law concerning Friendly Relations and
Cooperation among States in accordance with the Charter of the UN, Un General Assembly
Resolution
Outline of Unit 1
Aims of this module: Introductory
• Outline the broad history of International Law and the theories attached to it;
• Explain the basic principles governing international relations;
• Explain in broad terms when international law is relevant;
• Provide a definition of international law;
• Explain in broad terms what different fields of law fall under this concept;
• Outline the characteristics of international law;
• Outline the position and purpose of international law; and
• Explain in broad terms the role of the international community in upholding
international law.
Upon completion of this module:
• integrate basic concepts, principles, norms, characteristics, sources, and subjects
of international law to formulate an understanding of international law;
• apply basic concepts, principles, norms, and sources of international law within the
structures of the international community;
• evaluate the relationship between international law and South African (domestic)
law;
• critically analyse the structure of the United Nations and its role in advancing
international law;
• answer problem questions, setting out various forms of legal argument logically,
coherently and concisely; and
• integrate different areas of international law and link international legal issues with
other legal issues, including interaction with South African domestic law.
1 Giylah Liebenberg
, SU1 | Introduction
A. Objectives
• To establish when international law is applicable.
• To provide a definition of international law.
• To establish the different fields of international law
• To outline the characteristics of international law.
• To at least partly answer the question: how do we understand the position and
purpose of international law? When is it useful and what is the background to the
formation of that specific field
• To outline the role of the international community
1. Point of departure
• International law is formulated and operates as a separate legal system that in
different ways interacts with the different domestic systems of the world.
• Depending on how the domestic founding agreement is constructed (eg
Constitution) this would guide the way in which this domestic system engages
with international law
• In SA 1996 Constitution takes cognisance of international law and has a great
deal of appreciation for how the international law system operates vs
Constitution in Sweden which is incredibly old and thus its more challenging to
derive the relationship between domestic and international law
• States are the primary subjects of international law — shape the international legal
system and give it its substance through its legal norms
• Each state is a community, a specific society, with a centralised political authority.
Thus different domestic states deal with their political systems differently which
means they react to the international system differently
• The international order is a decentralised society with no clear hierarchy of
power and authority. In most states its very clear where power sits, how its
organised and how laws are made — hierarchy is clear. International legal order
has a different system where power fluctuates between different states —
blocks of states (eg EU, AU), powerful single states (eg US)
• Plurality: legal systems, approach to government, political system, etc
• States are not similar in this way and express their power, priorities and wishes
in different ways
Q: When is international law relevant?
• Image of leader of North Korea hugging a comrade:
2 Giylah Liebenberg
, SU1 | Introduction
• This image was taken just after NK finalised one of its 147 test missile launches
in 2017. This specific behaviour centres around the safety and security of
neighbouring countries and countries across the world.
• This image symbolises the importance of the international order in securing
peace and stability in the world. It indicates how important it is for international
law to cover areas like the use of force, use of specific weapons, the fear of the
international community is relating to the development of nuclear capabilities and
the argument that some states under international laws are seemingly allowed to
have these capabilities while others are not.
• Safety and Security —> opportunity for the international community to assert
sanctions for states that disobey these laws, NK is the state who is subject to the
most sanctions applied by the United States and other states.
• Image of Jacob Zuma and Omar Bashir who was the president of Sudan —
international law and responsibilities feed into domestic law.
• Debacle ensued in 2015 when he visited SA even though SA is a party to the
International Criminal Court and they had a warrant out for his arrest owing to
accusations of war crimes, genocide, sexual violence in Sudan.
• International community was looking to SA to apprehend him as he set foot on
SA soil however instead a long drawn out legal battle ensued in light of
immunity.
• SA had an obligation to arrest Bashir so SA had violated its international law
obligations. Domesticated the Statute through legislation which meant it was
binding.
• Image of Presidential Palace in Afghanistan (2021) Talibans have taken over the
Capital and the press conference held 17 Aug.
• Issues that surface here are the individuals responsible for these atrocities
since 2003, why the international community hasn’t reacted to these foreign
forces present in Af since 9/11.
• Issues now of the human rights of the individuals supporting the foreign
forces, protection of women and the right to education, etc. Many aspects of
international law arise in this specific sense.
• Image of war in Syria; man running with infant child in his arms away from bomb
raids — failure of international community to apply any force or sanction against a
regime that has been battering its now civilian population. Why has there been no
relief sought? Etc.
• Image of Trump and Biden’s respective positions re environmental initiatives —
environmental law is very important in international law.
• Report recently issued reflects how important it is that all state parties come
together in the search for better solutions to the environmental crisis we are in.
3 Giylah Liebenberg
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