Chapter 16: Principles of International Law

Definitions of International Law:

-laws that govern the interactions and relations between nations, resulting from
officials rules, treaties, agreements and customs.
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-the body of laws governing relations between nations
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Definition of International Law: a law that has jurisdiction in more than one
country (international law is unique in that it attempts to address and resolve
legal issues and questions that arise between nations).
Why is there a need for international law?
-international law is unique
-all other areas of law apply to national issues and questions within individual
countries
-international law attempts to address and resolve legal issues and questions
arising between nations
Why do we need a system of international cooperation?
-cooperation between states is necessary for everyday activities like the postal
service, communication, and trade
How International Law differs from Domestic Law
-progress has been made toward clarifying the understanding and adoption of a
body of international law to guide the increasing level of international interaction
in the 21st century
-it is significantly more difficult to implement a system of international laws
as opposed to implementing a legal system within a particular state (like
Canada)
-one of the most important distinctions that sets international law apart from
domestic law is that international law does not exist within a formal justice
system
-there is no international legislature passing laws like Parliament
-nations are encouraged to obey international law not because of the risk of legal
sanctions, but because continues acceptance by the international community and
participation in its activities serve the member nations individual and community
interests (for example countries that allow children to work under unacceptable
conditions may find that counties opposed to child labour refuse to buy their

products- the offending country can improve their export potential by working to
comply with international labour standards)
What complicates the development and following of international laws?
-several factors complicate the relationship between nations:
-cultural, ideological, and religious diversity
-recognition of the sovereignty of individual states
-absence of an international legislative government
-international law strongly depends on a states voluntarily agreeing to be subject
to particular rules (in other words, international law ONLY applies when a nation
state agrees to live by that rule of law subsequently, domestic, internal action is
required to ensure each state respects its international obligations under
international law
-the implementation of international law is a complicated matter
-individual states must enact domestic legislation internally to govern the
nations practices externally, and in relations with other states
-the absence of any international law enforcement agency, and recognition
of the sovereignty of each individual state, present challenges in
international law
Chapter 17: International Organizations
-prior to the 20th century, trade, commerce and conflict were localized matters,
and were resolved on that basis
-the realities of global conflict emerged in the first half of the 20 th century,
and as technology, commerce, and international trade have developed, so
has the recognition among states of the need for a system of collective
security
-the result has been the development of international organizations and
infrastructure to:
Encourage peaceful settlement of disputes
Enhance trade
Promote human rights
Provide an avenue for the collective security of nations
-international law requires a variety of organizations that work toward world
peace, and international courts to apply the law
-the Unites Nations (UN) is the largest and most visible organization in the
world arena
-the international community operates through a wide-ranging system of
organizations

-their relative stability helps channel international efforts in an organized way and
allows all members of the international community to participate meaningfully
The United Nations (UN)
-The UN was established in 1945
-The UN Charter outlines a number of basic international legal principles and the
following purposes for this world organization:
To maintain international peace and security
To develop friendly relations among nations
To solve international problems
To promote respect for human rights and to be a centre for harmonizing
the actions of nations
-the UN is NOT a world government and its does NOT make laws, however it
DOES provide a forum for the development of laws that generally find
acceptance and for resolving international conflicts
-The UN has 6 major organs
1. The General Assembly
2. The Security Council
3. The Secretariat
4. The Economic and Social Council
5. The Trusteeship Council
6. International Court of Justice