Summary of Chapter 1 International law by Anders Henriksen
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Course
SE112
Institution
AUST
Author Name :Anders Henriksen
ISBN : 9780198753018
This document describes the summary of public international law and
provides overview of its most important elements. It contain the highlights and most important points of structure and foundation of international law.
Summary of First Chapter Foundation and Structure of International Law
A brief history of International law
The section outlines the historical development of international law from its informal
beginnings through to its formalization in Europe during the late Middle Ages and beyond.
Influenced by natural law and jus gentium, early thinkers like Francisco de Vitoria and Hugo
Grotius laid foundational principles. The Peace of Westphalia in 1648 marked a significant
turning point, establishing the modern state system and sovereignty. The 19th century
introduced legal positivism, emphasizing state consent as crucial. Institutions such as the
League of Nations and later the United Nations further shaped international law, encompassing
human rights and global economic cooperation.
The structure of international law
The international legal system is structured based on the evolution of laws and the political
setup of the world. It emphasizes that sovereign states are the central actors in international
law since the Peace of Westphalia in 1648, which established their equal legal status and
protection from external interference. International law serves as a supplement to national law
when issues involve multiple sovereign states, either due to conflicting interests or by treaty
agreement. These issues are categorized into two main structures: the international law of
coexistence, which regulates interactions between states on topics like territorial disputes and
war conduct, and the international law of cooperation, which addresses issues turned into
international concerns through treaties, such as human rights and environmental protection.
The basis of international obligation
The debate over why states adhere to international law has centered on natural law versus
positivism, with sovereignty posing a challenge. Natural law argues that international norms are
rooted in inherent principles, while positivism sees them as stemming from consent. The
tension between state sovereignty and international obligations suggests states can't be both
sovereign and bound by international law. However, the existence of many sovereign states
justifies international law's binding nature as essential for peaceful coexistence. States
generally accept these rules despite occasional breaches, affirming the international legal
system even when defending their actions within it.
The relationship between international law and national law
The section outline how international law relates to national law. It emphasizes two main
viewpoints: monism and dualism. Monism sees international law and national law as one
system, where international law can directly apply in national courts. Dualism, however, views
them as separate systems that need translation into national law to apply. Modern legal
practice often leans towards pluralism, where different countries decide how international
norms integrate based on their own laws and customs.
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