The Core Principles of Contemporary International Law
Item 2: The Concept of International Law
1. The Term International Law
International law is a system of rules and principles that form the legal order of contemporary international society. It is a dynamic system, characterized by the production and exchange of norms and their implementation.
2. The Nature of International Law
International law differs from domestic law in the degree of sanction. International law relies on the responsibility of states to comply with their obligations, while domestic law is enforced through the authority of the state.
3. The Historical Development of International Law
The contemporary international legal order is characterized by the coexistence and cooperation of states. The state remains the basic structure from which international relations and legal order are built.
New fields of international law have emerged, relating to political and military security, social security, employment opportunities, the value of money, health, education, food, and housing. This phenomenon is reflected in the changes of the purposes or functions of the United Nations.
2. The Core Principles of Contemporary International Law
The core principles of contemporary international law are set out in Article 1 of the UN Charter:
- The principle of the sovereign equality of all members
- The principle of good faith
- The principle of peaceful settlement of disputes
- The principle of the prohibition of the threat or use of force
- The principle of equal rights and self-determination of peoples
- The principle of non-intervention
- The principle of peaceful cooperation among states
3. Characters and Contents of International Law
Characters from the Relational Structure
International law is based on the presupposition of sovereignty and the individual distribution of political power. States are the only persons involved in the creation and implementation of international norms.
The principle of state sovereignty is of fundamental importance in both the creation and implementation of international norms. The relevance of consent in international law is reflected in a series of characteristics:
- Conventional nature: International law is primarily based on treaties, which are binding only on those states that have consented to them.
- Reciprocal nature: International norms are generally created through the confluence of two or more states’ consent. Each state is bound only to those states that have consented to the same obligation.
- Consensual nature: States may exclude the application of a treaty or change its content by mutual consent.
- Particularistic nature: International law is characterized by the restriction of the scope and number of subjects to which particular rules apply.
Characters from the Institutional Structure
The impact of international organizations on international law is significant. International organizations have created procedures for the codification and development of international law, and have given rise to new norms of cooperation.
International organizations also play a role in the interpretation, implementation, and settlement of disputes under international law.
Characters from the Community Structure
International law serves both individual interests (such as the interests of states) and common interests (such as the interests of a group of states).
International law can be distinguished between mandatory and non-mandatory rules. Mandatory rules are binding on all states and cannot be modified by agreement. Non-mandatory rules are binding only on those states that have consented to them.
The application of international law is made through relational rules (which are applied directly by states) and through international organizations (which adopt measures to implement international norms).
Heterogeneity of the International Society
The contemporary international legal order is characterized by the inequality of economic and political power among states. This inequality is reflected in the role that great powers play in the creation and changing of international norms.
The hegemony of great powers is also seen in the privileged status that they have in many international organizations.