Thorough notes covering the entire topic of Public International Law. You can also purchase my notes on International Law module (consists of Public International, Human Rights and Constitutional Law).
PUBLIC INTERNATIONAL LAW
INTRODUCTION TO PIL and ACTORS IN INTERNATIONAL LAW
(Lecture 1)
Introduction to Public International Law
Public International Law is between states and also between states and other entities possessing
international legal personality. It covers a range of activities (international agreements, diplomatic
relations, trade, protection of human rights,…)
IMPORTANCE IN HISTORY OF PUBLIC INTERNATIONAL LAW
Hugo Grotius; father of international law and author of international law’s most important texts;
o Law of armed forces and aggression
o Binding force of treaties
o Freedom of seas
Peace of Westphalia; the start of modern international law;
o Creation of states
o Use of treaties
o Emergence of IO’s (Universal Postal Union (1874), International Committee of Red Cross
(1863), Permanent Court of Arbitration (1899))
o Main focus is on Europe (because of colonization)
o Outbreak of WWI (the end of the initial development of modern international law)
After WWI;
o Establishment of League of Nations in Geneva (to secure international peace); it did not
succeed
o Permanent Court of International Justice in The Hague
Then happened WWII, after WWII;
o The UN was established; to protect and restore international peace and security
THE UNITED NATIONS (UN)
Composed of 6 main organs (Art. 7 of UN Charter)
1. General Assembly
2. Security Council
3. Economic and Social Council
4. Trusteeship Council
5. ICJ
6. Secretariat
, It is in fact much bigger and has many other organs (UNICEF, WHO)
Some major issues to be discussed…
o US v. USSR; the Cold War
Divided the world into two blocks, no armed violence yet failure of collective security, SC (Security
Council) was paralyzed, unable to adopt resolution. Either a communist or not.
o Decolonization (mainly Europe)
UN Special Committee on Decolonization, process of self-determination of people, it is largely
completed apart from some colonies still waiting to be colonized
INTERNATIONAL LAW TODAY
o Growing independence of states, international organizations and multinationals
o Emerging fields of international law
o Growing number of IO’s (EU, AU, OAS, NATO) and judicial bodies (ICC, ECHR)
Actors in International Law
Also known as subjects. A subject of international law is a person/entity, which possesses international
legal personality.
Entities which are capable of possessing international rights and obligations and having the
capacity to take certain type of actions on the international level possess international legal
personality.
o States (undoubtfully)
o International organizations
o Indigenous people
o Individuals
o Non-government Organizations (NGO’s)
o Corporations
International Rights and Obligations
OBLIGATION; States have the duty under international law not to torture individuals Convention
against Torture (CAT)
RIGHTS; Individuals have the right under international law not to be subjected to torture International
Covenant on Civil and Political Rights (ICCPR)
Take Action on the International Level
o The capacity to enforce one’s right
o To compel other actors to comply with their duties
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