PUBLIC INTERNATIONAL LAW I - Chapter 1 Summary

Introduction to Public International Law

This section introduces the course and discusses the definition, nature, and development of international law.

Definition of International Law

• International law is a system of legal rules and principles that govern the relations between states and other subjects of international law.

• Modern international law also recognizes public international organizations and individuals as subjects of international law.

Nature of International Law

• There is debate about whether international law is true law or not. John Austin was a critic who argued that it lacked the characteristics of true law because it lacked a sovereign authority to enforce it. However, Hans Kelsen later acknowledged its authority as true law because it provides sanctions such as reprisals, war, and use of force.

• Critics argue that international law is weak because it lacks an elected legislature to frame laws, an independent third-party dispute settlement mechanism, and effective sanctions to punish those who break the rules.

Basis of International Law

• The naturalist school believes that the foundation for all laws is the "law of nature," which includes international law as part of its domain. The positivist school emphasizes the consensual nature of international law through consent theory or positivism.

Historical Development

• Modern international law originated in Europe during the 15th and 16th centuries following the disintegration of Holy Roman Empire. It grew out from customary practices among European states in their mutual intercourse affected by political theories prevalent at that time.

Relationship between International Law and Municipal Law

This section discusses the relationship between international law and municipal law.

Development during the Classical Period and since World War One

• Two distinct headings: development during the Classical period and development since World War One.

• Knispel courts have to face situations calling for the application of the rules of international law.

• The question of primacy before a municipal court is determined mainly by the constitutional law of the state.

Conflict between Knispel Law and International Law

• An international tribunal may need to determine the precise status of a rule of municipal law if there is a conflict between knispel law and international law.

• If there is a conflict between knispel law and international law, the court has to come to a decision whether international law takes precedence over municipal law or vice-versa.

Conclusion

• Before we end our course, let's quickly talk about this topic.

• Goodbye and see you in our next program Chapter 2.