International Law: Key Concepts and Principles
1. International Personality
International personality refers to entities with rights, duties, and responsibilities under international law. These primarily include states, intergovernmental organizations (IGOs), and, to some extent, individuals and non-governmental organizations (NGOs).
2. Recognition of States and Governments
To be a state under international law, an entity must meet these criteria:
- A defined territory
- A permanent population
- A functioning government
- The capacity to enter into relations with other states
Recognition of Governments acknowledges a specific regime as the legitimate authority of a state. Recognition can be explicit or implied, often based on control, stability, and international acceptance.
3. Intergovernmental Organizations (IGOs)
IGOs are entities created by treaty, involving two or more states, working together on common interests. Examples include the UN, EU, and WHO. They play significant roles in international relations, including conflict resolution and cooperation.
4. Non-Governmental Organizations (NGOs)
NGOs are independent organizations not created by governments. They often work internationally on humanitarian, environmental, or developmental issues and may influence international law indirectly.
5. Territorial Sovereignty
Territorial sovereignty is a state’s authority to exercise supreme power over its land and people. It’s the foundation of state independence, involving border control and non-interference from other states.
6. Jurisdiction
Jurisdiction is a state’s legal authority to make, enforce, and adjudicate laws within its territory. This includes personal jurisdiction (over individuals), territorial jurisdiction (over events within its borders), and subject-matter jurisdiction (over specific legal matters).
7. State Responsibility for Wrongful Acts
States are responsible for internationally wrongful acts, leading to legal consequences like reparations or sanctions. A wrongful act breaches international obligations.
8. State Responsibility for Acts of International Personalities
A state is accountable if a person with international personality (e.g., diplomat) commits a wrongful act in their official capacity, violating international law.
9. Self-Determination
Self-determination is the right of peoples to determine their political status and pursue their economic, social, and cultural development. It’s key in decolonization and minority rights.
10. Collective Security
Collective security is the concept of states collectively responding to threats against peace, often facilitated by the UN Security Council. It’s also relevant within International Humanitarian Law (IHL), especially in conflicts.
11. Treaties
Treaties are formal agreements between states creating binding legal obligations. They are essential sources of international law, governed by the Vienna Convention on the Law of Treaties (VCLT).
12. Reservations to Treaties
A reservation is a unilateral statement by a state when signing a treaty, modifying or excluding certain provisions. If accepted, it limits obligations between states.
13. Soft Law
Soft law refers to non-binding agreements or principles influencing international relations (e.g., UN resolutions). While not enforceable, it can guide customary law or lead to treaties.
14. Treaty Amendments
Amendments modify or update treaties. Procedures depend on the treaty, often requiring agreement by a majority or all parties.
15. Treaty Interpretation
Treaty interpretation is governed by the VCLT, focusing on the text’s ordinary meaning, parties’ intentions, and context.
16. Diplomatic Immunity
Diplomatic immunity protects diplomats from legal action in their host country, ensuring they can perform their functions without fear of coercion. This is codified under the Vienna Convention on Diplomatic Relations.