Scribd Logo
Upload

Welcome to Scribd!

  • 859 views

    PIL Bernas

    Uploaded by

    NievesAlarcon
    This document discusses the nature and scope of international law. It defines international law as the body of rules and principles binding upon states in their relations with one another. While states were traditionally the sole actors, international law now also involves international organizations and individuals. The scope of international law has expanded dramatically to cover new subjects like human rights, the environment, and the international financial system. However, some question whether international law can truly be considered law given the lack of centralized enforcement. But the document argues that states generally comply with international law out of interdependence and shared interests, even if not always perfectly.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    PIL Bernas

    Uploaded by

    NievesAlarcon
    859 views3 pages
    This document discusses the nature and scope of international law. It defines international law as the body of rules and principles binding upon states in their relations with one another. While states were traditionally the sole actors, international law now also involves international organizations and individuals. The scope of international law has expanded dramatically to cover new subjects like human rights, the environment, and the international financial system. However, some question whether international law can truly be considered law given the lack of centralized enforcement. But the document argues that states generally comply with international law out of interdependence and shared interests, even if not always perfectly.

    Original Description:

    Public International Law

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document discusses the nature and scope of international law. It defines international law as the body of rules and principles binding upon states in their relations with one another. While states were traditionally the sole actors, international law now also involves international organizations and individuals. The scope of international law has expanded dramatically to cover new subjects like human rights, the environment, and the international financial system. However, some question whether international law can truly be considered law given the lack of centralized enforcement. But the document argues that states generally comply with international law out of interdependence and shared interests, even if not always perfectly.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    859 views3 pages

    PIL Bernas

    Uploaded by

    NievesAlarcon
    This document discusses the nature and scope of international law. It defines international law as the body of rules and principles binding upon states in their relations with one another. While states were traditionally the sole actors, international law now also involves international organizations and individuals. The scope of international law has expanded dramatically to cover new subjects like human rights, the environment, and the international financial system. However, some question whether international law can truly be considered law given the lack of centralized enforcement. But the document argues that states generally comply with international law out of interdependence and shared interests, even if not always perfectly.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Chapter 1

    THE NATURE OF INTERNATIONAL LAW

    What is international law?


    The traditional definition of international law is that it is a body of rules and
    principles of action which are binding upon civilized states in their relations to one
    another. States are the sole actors in this definition and, in the past, public
    international law dealt almost exclusively with regulating the relations between
    states in diplomatic matters and in the conduct of war. Today, sovereign states
    remain as the principal subjects of international law; but they are now joined by
    international organizations and even by individuals.' Thus, the Restatement (Third)
    of Foreign Relations Law of the United States, which U.S. courts generally
    consider as the most authoritative work on the subject, defines international law as
    the law which deals with the conduct of states and of international organizations
    and with their relations inter se, as well as with some of their relations with
    2
    persons, whether natural or juridical.

    Scope of international law.


    The expansion of the scope of international law is nothing short of
    revolutionary: New subject matters are being added, new subjects of international
    law are being recognized, non-Western states are flooding into the community of
    nations, political and social principles are changing, international organizations are
    assuming new roles. This is being affected by various factors: rapid changes in
    technology, the multiplication of the number of states with differing backgrounds
    and achieving loose forms of cooperation, fear of war, rising demands for social
    reform.

    'Subjects of international law will be treated at greater length in Chapter 5.


    2

    101. Hereinafter to be cited as RESTATEMENT.

    INTRODUCTION TO PUBLIC INTERNATIONAL LAW

    The topics that are covered by international law today include the regulation
    of space expeditions, the division of the ocean floor, the protection of human
    rights, the management of the international financial system, and the regulation of
    the environment. Beyond the primary concern for the preservation of peace, it now
    covers all the interests of contemporary international and even domestic life.

    Is international law a law?


    The question is sometimes asked whether international law is indeed law.
    The basic challenge to international law as law is the claim that there can be no
    law binding sovereign states. Moreover, there exists no international legislative
    body. There is, of course, the General Assembly of the United Nations; but its
    resolutions are generally not binding on anybody. There is no international
    executive. The Security Council was intended to be that entity but it is often
    effectively hamstrung by the veto power. Neither is there a central authority that
    can make judgments binding on states. The International Court of Justice can bind
    states only when states consent to be bound. Moreover, national officials tend to
    find justification for whatever they do. Psychologically too, the allegiance to ones
    sovereign state can be very strong to the point of defying reason. When the
    chips are down, national policy or interest is often preferred over international
    law. Enforcement of international law is a real problem for several reasons.
    Frequently, there is no assured procedure of identifying violation. Even the powers
    of the UN have reference largely to lawbreaking that takes the form of an act
    of aggression or threat to peace. But there are many violations of international law
    which are not of this nature. Most of the time, all the UN can do is censure. For
    these reasons, it is said that what is called international law is not law
    because it is commonly disregarded.
    These objections are based on an exaggerated notion of sovereignty as
    embodying an individualist regime. This, however, is not the reality. The reality is
    social interdependence and the predominance of the general interest. The reality is
    that States are bound by many rules not promulgated by themselves. As Henkin
    observes, It is probably the case that almost all nations observe almost all
    principles of international law and almost all of their obligations almost all of the
    time.

    Henkin, HOW NATIONS BEHAVE 42.

    Thank you for using www.freepdfconvert.com service!


    Only two pages are converted. Please Sign Up to convert all pages.
    https://www.freepdfconvert.com/membership

    You might also like