16 International Law

Donald R. Rothwell

Introduction 232
Contemporary development of international law 233
Institutions 233
Sources of international law 234
Major areas of international law 238
Contemporary controversies 240
Conclusion 241
Questions 241
Further reading 242

231
232 AN Introduction to International Relations

Introduction
This chapter considers the development, sources and significance of contemporary
international law. Particular attention is given to the sources of international law,
including treaties and customary international law, and some of the distinctive fields
of international law such as that governing the use of force. Comment is also made on
current international law controversies.
International law is the system of law developed by states which governs the
relationships between states at either a multilateral, regional or bilateral level. To definition of int law
that end, international law has traditionally been considered ‘state-centric’ in that it
is dominated by states which both make international law and are the predominant
objects of that law (Shaw 2008: 1). The modern system of international law is often
identified as having begun to develop at the time of the Treaty of Westphalia in 1648,
though there is evidence of its gradual emergence prior to that time. Many prominent
international law scholars also existed during the sixteenth and seventeenth centuries,
such as the Dutch publicist Hugo Grotius whose famous seventeenth century work development of
int law beginning
De jure belli ac pacis (‘The rights of war and peace’) ([1625] 2005) was pivotal in with treaty of
identifying the legal framework between states during times of war and peace. Grotius, westphalia and
grotius
who is often described as the ‘father’ of international law, was also embroiled in the
so-called ‘battle of books’ following the publication in 1609 of his work Mare liberum
(‘The open seas’) which was responded to in 1635 by the English author John Selden
with Mare clausum (‘The closed seas’) (Brownlie 2008: 224). These two works were
fundamental to resolving debates over the developing international law governing the
sea (see Grewe 2000: 257–75).
From the seventeenth century onwards international law continued to develop with
a principal focus upon the core relationships that at the time existed between states
such as trade and commerce, boundaries and territoriality, war and peace. It was only from core
in the late nineteenth century that international law began to develop an interest in the relationships
of states to
individual with the 1864 Geneva Convention providing protections for soldiers no
interest of the
longer able to take any further part in a battle as a result of being wounded or taken indi idual
prisoner. In the early part of the twentieth century significant and rapid developments
took place in international law, partly due to the efforts of the League of Nations and
various conferences that promoted international law. In 1922 the first international
court was established – the Permanent Court of International Justice (PCIJ) – located at
The Hague in the Netherlands.
The most significant modern development in international law came with the
adoption of the United Nations Charter in 1945. The Charter, which is a treaty for
the purposes of international law, places considerable emphasis on the importance
of international law to the United Nations (UN). This is reflected, for example, in
Article 1, which identifies one of the purposes of the UN as being to ‘bring about by
significance of the UN
peaceful means, and in conformity with the principles of justice and international law’ in development of
the settlement of international disputes. To that end, one of the principal organs of international law
the UN established under Article 7 of the Charter is the International Court of Justice
(ICJ). Often referred to as the ‘World Court’, the ICJ is a permanent court located in
The Hague and is a successor to the PCIJ. The court is open to all UN members, and to
non-UN members who accept its jurisdiction.
 chapter 16: International law 233

Contemporary development of international law

International law has witnessed significant growth and expansion since the adoption
of the UN Charter as states have increasingly sought to regulate their affairs through an
ever widening web of multilateral, regional and bilateral treaties which have addressed
an expanding array of topics. This growth has been partly driven by the significance
attached to international law by the UN Charter, and the prominence given to it
,
through the establishment of the ICJ. The UN has also been directly responsible for the
through
making of new international law, whether through international treaties arising from treaties in un
UN sponsored conferences, or through the adoption by the UN Security Council of sponsored
conferences
resolutions which are binding on UN member states. Other UN affiliated organs and & UNSC
institutions which have promoted the development of new international laws include resolutions
the Food and Agricultural Organization (FAO), International Labor Organization (ILO)
and International Maritime Organization (IMO).
As new international issues have arisen, the response of the international
community at both the multilateral and bilateral level has often been to seek to
develop new international laws. Therefore, since 1945 there has been a significant
growth in new international law addressing maritime boundaries, telecommunications, developme
the regulation of outer space, international health, transnational crime and terrorism. nts since
1945
This has resulted in a significant expansion in the number of international treaties
that states are parties to, thereby increasing the extent of their international legal
obligations. However, while international law has steadily developed post 1945, the
level of implementation, compliance and enforcement has remained variable. This
has raised two significant issues. The first is that international law is lacking in strong
enforcement mechanisms, a point emphasised by realists (see Chapter 2). Unlike 2 issues
related to
national legal systems, there is no ‘international police force’. The UN Security Council implementatio
certainly plays an important role in monitoring the actions of so-called ‘rogue states’, n, compliance
and
but unless there has been an egregious breach of international law such as the
enforcement
territorial invasion by one state of another, the Council’s ability to apply and enforce
international law is circumscribed. The second issue is that international law often
relies upon strong national legal systems for local enforcement. This is especially
the case with international human rights law (see Chapter 32). As there are many
different national legal systems there is considerable scope for variable interpretation
and implementation of international law.

Institutions
Unlike national legal systems, where there are often a number of law-making
institutions such as a parliament, or assembly, there are no predominant international
law-making institutions. The UN (see Chapter 21) has certainly played an important
role in the post-war development of international law, however UN General Assembly
resolutions are not legally binding upon states. UN Security Council resolutions are
legally binding under Article 25 of the Charter, although this will still depend upon the
precise nature of the resolution and the wording that is used within it. Similar issues
exist for other international organisations such as the Organization of American States
and the European Parliament, which may or may not adopt laws and resolutions that
are binding upon member states.
234 AN Introduction to International Relations

Organisations which have oversight of particular international issue areas have

a capacity to influence the development of international law. The World Trade
Organization (WTO) and International Atomic Energy Agency (IAEA) are prominent
examples. In addition, under Article 13 of the UN Charter the UN General Assembly
established the International Law Commission (ILC) as a permanent body promoting
the progressive development of international law and its codification.
The ICJ as the only true world court, is the most significant global judicial institution.
The court is composed of 15 judges, from varying legal systems and different countries, international
court of
who serve nine-year terms. The court is able to adjudicate on contentious cases between justice
two or more states, and can also deliver non-binding advisory opinions. In recent years
the number of permanent international courts and tribunals has significantly expanded:
as a result of the creation of a range of mechanisms under the WTO for the resolution
of trade disputes; the establishment of the International Tribunal for the Law of the
Sea (ITLOS), located in Hamburg, to consider law of the sea cases; and, perhaps most
significantly, the International Criminal Court (ICC), which is also located in The Hague.
The ICC joins two non-permanent international criminal tribunals for Yugoslavia and
Rwanda as true international criminal courts with jurisdiction over war crimes, crimes
against humanity and genocide. Building on the precedent of the post-World War II İCC
international military tribunals at Nuremberg and Tokyo, the ICC seeks to ensure that
war crimes do not go unpunished, no matter the military rank or political status of the
perpetrators. However, the effectiveness of the ICC will be constrained as long as major
states such as China, Israel and the US remain resistant to their citizens being held
accountable before the court.

Sources of international law

National legal systems have recognisable sources for their laws. Predominantly, these
include the statutes, acts, decrees and proclamations made by a parliament, legislature
or the executive (e.g. president or presidential council). In addition, the decisions of
the courts and tribunals within national legal systems have a great deal of significance,
not only for those parties whose disputes are adjudged by those courts, but for the
legal system itself due to the precedent created by those decisions. In developed legal
systems, where there is a hierarchy of courts at a local, regional, or provincial level, no hierarchy
doesnt
there is often an appellate structure which allows for appeals from lower to higher level mirror
courts. The decisions of appellate courts (e.g. Supreme Court, High Court, House of domestic
legal
Lords) are binding upon lower courts in national legal systems. systems
International law does not mirror national legal systems in this regard; it has a
distinctive set of recognised sources which are outlined in Article 38(1) of the ICJ
Statute (see Box 16.1). Although Article 38(1) strictly only identifies the sources of
international law to which the ICJ can refer in its decisions, it is also widely accepted
as identifying the sources of international law more generally to which all states in the
international community would look. The sources can be divided into two groupings
as follows:
• treaties
• customary international law
• general principles of law,
and as subsidiary sources:
 chapter 16: International law 235

• judicial decisions
• teachings of the most highly qualified publicists.

Box 16.1: Key texts

Statute of the International Court of Justice
Article 38(1)
The Court … shall apply:

a. international conventions …;
b. international custom …;
c. the general principles of law recognized by civilized nations;
d. … judicial decisions and the teachings of the most highly qualified publicists of the
various nations, as subsidiary means for the determination of the rules of law.

Treaties
Treaties are one of the most significant sources of international law and are an integral
part of the conduct of international relations. During the UN era treaties have grown
considerably in their importance and number. A treaty is defined by the Vienna
Convention on the Law of Treaties (1969) as:
an international agreement concluded between States in written form and governed by international
definition of
law, whether embodied in a single instrument or in two or more related instruments and whatever
treaty
its particular designation.

An instrument which does not meet these criteria is therefore not a treaty and does
not create any legally binding obligations between states. Examples would include
‘Declarations’ issued following a meeting of world leaders at the G8, G20 or regional
organisations such as the EU, APEC or ASEAN. While these documents are written,
and often outline agreed positions and commitments, they are not intended to be legally
binding and therefore fall short of treaty status. As treaties must be in a written form,
an oral treaty is not recognised by international law. While a treaty must be in writing,
there is no requirement as to the language in which the treaty is written, and this will
often depend upon the official language of each state party to the treaty. Multilateral
treaties negotiated under the auspicious of the UN are also written in the six official UN
languages (Arabic, Chinese, English, French, Russian and Spanish).
Treaties are entered into between states which are recognised as such for the
purposes of international law and international relations. The only exception to this
rule applies in the case of recognised international organisations. The constituent
units of federal states cannot, therefore, enter into a treaty. Agreements entered into
between New York state and the province of Ontario would not be legally binding
under international law. The requirement that the treaty be governed by international
law goes to the actual intention of the parties, and is an important point of distinction
between a legally binding international instrument and a pure political declaration.
‘Treaty’ is a generic term and not a required title for a legally binding international
instrument between states. Other titles may be used of which the terms ‘convention’
or ‘agreement’ are also common (see Box 16.2). A treaty may comprise more than one
international instrument, and amending or supplementary instruments – often referred
to as ‘protocols’ – will also need to be read alongside the treaty.
236 AN Introduction to International Relations

Treaties are a preferred source for the

development of new international law because
Box 16.2 : Terminology
of the flexibility associated with their negotiation. Titles given to treaties
They can be adopted by states at a multilateral
Convention: a multilateral treaty commonly
level, by a regional international organisation or
adopted at UN conferences; e.g. United
by a collective of states interested in a regional
Nations Framework Convention on Climate
issue, or by two states bilaterally. Once negotiated
Change.
at a diplomatic gathering, a treaty will often be
Protocol: an additional treaty that amends
available for signature by states. However, it is now
or expands the operation of a Convention;
rare for a treaty to enter into force as a result of
e.g. Kyoto Protocol to the United Nations
signature alone, and the formal act of ratification
Framework Convention on Climate Change.
is most commonly required before a treaty will
Statute: a multilateral treaty outlining
eventually enter into force. Each treaty will have its
the mechanisms and procedures of an
own particular formula before it enters into force.
international court; e.g. Rome Statute of the
For multilateral treaties there will be a designated
International Criminal Court.
number of states which need to become a party
Charter: a multilateral treaty outlining the
before the treaty enters into force. For bilateral
constitutional framework of an international
treaties, both of the relevant states need to have
organisation; e.g. Charter of the Organization
ratified prior to entry into force. Some multilateral
of American States.
treaties allow states to lodge written ‘reservations’,
Agreement: a bilateral or regional treaty;
which effectively modify the extent of the legal
e.g. Australia-US Free Trade Agreement.
obligation under the terms of the treaty. In turn,
other states which reject the legitimacy of a
reservation may seek to lodge an objection to a reservation the consequence of which
is that the treaty relationship between the reserving and objecting state will be adjusted.
Some treaties also permit the making of ‘declarations’, which permit a state to indicate
its particular interpretation of certain provisions in the treaty. The effect of a declaration
is that it places other states on notice as to how one state will interpret particular
provisions of the treaty.
The importance of treaties is that once they enter into force the principle of ‘pacta
sunt servanda’ (treaties must be observed) applies, which means they are legally
binding as a solemn undertaking between the states and are to be applied in good
faith. As Scott (2004b: 213) has observed ‘a treaty is meant to mean just what it says and
States are supposed to comply with the obligations they have assumed’. In this respect
a treaty is equivalent to a contract between two private parties. It is a legal instrument
from which consequences will flow, and if a dispute arises between the parties then
certain mechanisms may be available between the parties to resolve their differences.
In order to discourage the existence of secret treaties, Article 102 of the UN Charter
requires states to register their treaties with the UN Secretariat as soon as the treaty
enters into force. A treaty which has not been registered in this manner may not be
relied upon before a UN organ, which includes the ICJ.

Customary international law

The longest standing and continuously dominant source of international law has been
customary international law. Though it is now losing some of its previous influence
because of the growth of treaties during the UN era, custom remains of considerable
 chapter 16: International law 237

importance; it and treaties comprise the two predominant sources of contemporary

international law.
Customary international law is based upon the practice of states and relies upon
a consistency in that practice by individual states, combined with equivalent practice
by states around the world. As outlined by the ICJ in the 1969 North Sea Continental
Shelf case, customary international law requires state practice combined with opinio
juris – which is a belief by a state that it is under a legal obligation to act in a certain
manner. Unlike treaties, which rely upon a written document, custom relies the actions
what
of states, which can be identified through statements and declarations of presidents,
does
prime ministers or ministers, or the acts of state organs such as the military, or border custom
and customs officials. Single, one-off actions are insufficient to establish state practice. ary int
law refer
There is also a need for consistency in state practice among states from around the world to
which are representative of differing regions and political, legal and cultural systems.
The actions of Western states are not on their own, therefore, capable of creating new
customary international law with respect to terrorism, for example. Nevertheless, the
ICJ has accepted that in certain instances ‘regional custom’ may be created.
The significance of customary international law is that it is binding upon all members
of the international community once it has been established. Therefore, unlike treaties
which are only binding upon the treaty parties, custom is capable of having universal
application to all states, even newly emerging states such as East Timor or Kosovo. The
only exception to this rule applies in the case of a ‘persistent objector’ – that is, a state
which continually objects to the development of a new rule of customary international
law. To do so, however, the state must be vigilant in its protest against the development
of the new rule. Custom is also capable of rapid evolution as a result of developments
in state practice. Depending on its text, a unanimous UN General Assembly resolution
may be an example of ‘instant custom’.

General principles of law

The third principal source of international law referred to in Article 38(1) of the ICJ
Statute is general principles of law recognised by the legal systems of states. This
source utilises the common legal principles which are found across all legal systems
throughout the world, irrespective of whether the national legal system is based upon a
common law, civil law, or an Islamic law system. The principle of equity is an example
of such a general principle drawn from national law which applies in international law
and is of significance in maritime boundary delimitations.

Subsidiary sources: judicial decisions and teachings

of publicists
Article 38(1) effectively creates a two-tiered system of sources when it identifies two
‘subsidiary means’ for determining the rules of international law. The first is judicial
decisions, which principally encompasses the judgments of international courts and
tribunals such as the ICJ, ICC, ITLOS and European Court of Human Rights. It would
also extend to relevant decisions of national courts, when those courts are adjudging
matters of international law such as the interpretation of a treaty which has significance
at the national law level. The second of these sources is the writings of ‘the most
highly qualified publicists’ which includes academic writings of eminent international
238 AN Introduction to International Relations

law professors, retired international judges, and current or former diplomats with
acknowledged international law expertise. However, as these are only subsidiary
sources, they can only be legitimately referred to when the other sources prove to
be inadequate. Nevertheless, as the jurisprudence of the ICJ continues to grow there
has, perhaps inevitably, been a reliance upon its decisions as evidence of what the
international law is in certain particular areas.

Soft law
A modern phenomenon in international relations is the plethora of multilateral and
regional meetings convened by international organisations, conferences of parties to
international treaty regimes, and ad hoc gatherings of states assessing new issues of
international importance. A common outcome of these meetings is the adoption of
political declarations representing the views of the states as to how certain issue areas
should be addressed (see Box 16.3). Alternatively, groups of experts issue reports
including draft treaties designed to influence the development of international law.
While these declarations, statements and reports are not legally binding, they are
commonly recognised as being a part of ‘soft law’ and capable of influencing the
development of new treaties or, as a result of state practice and opinio juris, over time
forming customary international law.

Box 16.3: Discussion points

Non-legally binding international instruments
Ad hoc Political Declarations: adopted following an ad hoc meeting of states to discuss matters
of common importance; e.g. Johannesburg Declaration on Sustainable Development.
Institutional Declarations: adopted by consensus by an international institution; e.g. APEC
Leaders’ Declaration, ‘The Yokohama Vision – Bogor and Beyond’, November 2010.
International Organisation Declarations: adopted by an international organisation following
a determinative vote; e.g. The Universal Declaration of Human Rights, UN General Assembly
Resolution 217A(III) (1948).

Major areas of international law

A feature of international law is that it has developed distinctive major fields, which in which
have effectively extended the operation of international law into an ever increasing areas has
int law most
array of issue areas that are the subject of inter-state and international concern. Some
developed
of these are now identified.

Use of force
The international law governing the use of armed force is one of the fundamental
areas of contemporary international law, and was a critical area for resolution in the
UN Charter, coming as it did at the conclusion of World War II. The Charter did two
how does un
things in this respect. First, in Article 51 it restated the fundamental right of all states to charter
exercise the right of self-defence by way of a right of either individual or collective self- regulate use
of force
defence. The US response to the 2001 terrorist attacks upon New York and Washington,
 chapter 16: International law 239

in which the US along with coalition partners such as the UK and Australia launched
an armed response upon Afghanistan, is an example of the exercise of the right of
self-defence. Second, Article 39 of the UN Charter also recognised the right of the UN
Security Council to authorise military action in response to a ‘threat to the peace, breach
of the peace, or act of aggression’ by way of a range of possible measures taken under
Chapter VII of the Charter. Security Council resolutions adopted in 1990 following
the Iraqi invasion of Kuwait authorising military action in Iraq are an example of this
approach.

Law of the sea

Based upon some of the seminal writings of Hugo Grotius, the law of the sea is
principally outlined in the 1982 United Nations Convention on the Law of the Sea karasuları
(UNCLOS), which is often referred to as the ‘constitution of the oceans’. The Convention kıta sahanligi

details the extent of coastal states’ rights to multiple maritime zones ranging from
the territorial sea to the continental shelf, and the parallel rights of the international
community to exercise the rights of freedom of navigation and freedom to fish.

Human rights
Contemporary international human rights law is founded upon the 1948 Universal
Declaration on Human Rights (UDHR) adopted by the UN General Assembly. The
UDHR is widely considered to reflect customary international law. The two 1966
international covenants, on Civil and Political Rights (ICCPR) and Economic, Social and
Cultural Rights (ICESCR), further expand and develop the operation of the UDHR. In
turn this legal base is supported by additional treaties dealing with a range of specific
human rights issues such as racial discrimination, torture and the rights of persons with
disabilities.

International humanitarian law

The law governing the use of force in armed conflict and its impact upon the participants
in that conflict is referred to as international humanitarian law (IHL). It is principally
based upon the four 1949 Geneva Conventions, and two 1977 Additional Protocols.
Together these six treaties provide for a range of protections for combatants who
become ‘hors de combat’ (unable to further participate in the conflict), prisoners of war,
and civilians who are caught up in an armed conflict.

International trade law

The international trading system was significantly reformed following the end of World
War II, initially via the General Agreement on Tariffs and Trade (GATT) and then in
1994 by the Marrakesh Agreement establishing the World Trade Organization (WTO)
(see Chapters 24 and 25). The WTO established a multilateral trading framework which
includes compulsory mechanisms for the resolution of trade disputes. This regime is
supplement by regional trade treaties, such as those which exist in Europe and North
America, and numerous bilateral free trade agreements (treaties) between trading
partners which are designed to reduce trade barriers and permit the flow of goods
between states.
240 AN Introduction to International Relations

International environmental law

Since the 1970s there has been a global upsurge in environmental consciousness and
this has resulted in the gradual development of a distinctive body of international law
dealing with the environment. While there is no overarching global treaty framework
in this area, the 1992 Rio Declaration on the Environment (a soft law instrument) does latest-
set important parameters for this field, especially with respect to principles such as Paris
climate
the precautionary approach and sustainable development. Conventions such as those aggree
dealing with climate change, biodiversity, marine pollution and world heritage address ment
2015
a range of global environmental issues (see Chapters 34 and 35).

Contemporary controversies
One of the most contentious areas of international law and international relations
is the use of force (see Lowe, Roberts, Welsh and Zaum 2008). The UN Charter was
designed to provide an international security framework that would place significant
constraints upon the use of armed force in the conduct of international relations,
and Article 2(4) of the Charter sought to maintain the territorial integrity and political
independence of states against the threat or use of force. Balanced against this, the
Charter also recognised the Article 51 right of a state to exercise self-defence. Since
the adoption of the Charter, and especially since the end of the Cold War, there
have been increasing examples of states adopting an expansive interpretation of self-
defence. This has resulted in some tension between states, the UN Security Council,
and the ICJ. While the international community did not challenge the right of the US to
exercise self-defence following the 2001 terrorist attacks on New York and Washington,
the US-led invasion of Iraq in 2003 was much more contentious, as it predominantly
relied upon UN Security Council resolutions adopted under Chapter VII of the UN
Charter dealing with the disarmament of Iraq (see A. Roberts 2003). As the Security
Council had not expressly endorsed military action against Iraq in 2003, the US and
its allies sought to rely upon previous resolutions adopted in 2002 and as far back as
1990. The ambiguity of these resolutions – and the refusal of the US to allow the UN
to conclusively determine the matter because of its fear that Iraq possessed weapons
of mass destruction which would be used to launch an armed attack – ultimately
resulted in the US and its allies adopting a unilateral interpretation of international
law which had little global support from other states, or from international lawyers.
These actions contributed to significant doubts being cast over the effectiveness of
international law.
Since 2001 international law has also been dealing with the rise of the non-state
actor (Scott 2004a: 296): that is, participants in international affairs who are not states yet
possess some of the capabilities of states, such as non-governmental organisations
and terrorist organisations. This phenomenon has been pervasive in the response to
international terrorism and created significant difficulties in constructing a legal response
to terrorist acts. Debates have arisen in a number of fields, such as international human
rights law and international humanitarian law, concerning the rights of terrorists to take
part in an armed conflict and the way in which military forces should respond to those
non-state actors. Some parallels in this debate have also arisen following the upsurge terrorists
stiuation how to
in pirate attacks off the coastlines of states in Africa and Asia. While piracy has been judge them
regulated under international law from as far back as the time of Grotius, its modern
 chapter 16: International law 241

version has raised difficult issues with respect to criminal jurisdiction over pirates once
they have been detained, and whether states have an obligation to prosecute pirates
for their crimes.

Conclusion
Contemporary international law has undergone enormous growth since the creation
of the UN and has expanded into areas of international activity that previously
would have been unthinkable. The large number of multilateral and bilateral treaties
adopted by states is impressive; however, much remains to be done to ensure that
the international legal obligations contained within those instruments are being
properly adhered to. Some institutions, such as the WTO, have strong implementation
and compliance mechanisms with compulsory dispute settlement. Human rights
mechanisms, on the other hand, are not as well developed, notwithstanding UN
compliance frameworks. Here there is an interesting contrast between the lack of
an international human rights court at the global level, and the existence of regional
human rights courts in the Americas and Europe. Nevertheless, despite its high-
profile weaknesses and apparent failings, many areas of international law operate
at a satisfactory level on a daily basis, underpinning multiple forms of international
discourse and engagement at both a state level and an individual level. International
telecommunications, air travel, navigation by sea, trade, and the movement of
peoples are all dependent upon international law frameworks, and these by and
large operate without dispute.
A test for international law is its responsiveness to matters of global concern, and
here the track record appears variable. There is still no internationally agreed definition
of international terrorism, notwithstanding the events of the early twenty-first century.
Likewise, the international community has yet to come to agreement on a replacement
regime for the Kyoto Protocol to the UN Convention on Climate Change. These
examples reinforce the state-centric nature of international law and the need for state
cooperation to work collaboratively to solve matters of common concern.

Questions
1. By what authority do the United Nations and other multilateral international institutions
seek to adopt new international law, such as conventions and treaties, for all
countries?
2. International law is often said to only operate on the basis of consent – that is, countries
agree to be bound by international law. What would happen to the international legal
system if countries elected to opt out of international law?
3. Is the legitimacy of the international legal system diminished by the action of a political
body such as the United Nations Security Council adopting legally binding resolutions?
4. Compared to other systems of law (contract law, criminal law), is international law really
law?
5. Can international law only be as effective as the mechanisms for its implementation and
enforcement? Would it be assisted if there was an international police force?
6. What impact does international law really have upon the conduct of international
relations?
242 AN Introduction to International Relations

Further reading
Brownlie, Ian 2002, Basic documents in international law, 5th edn, Oxford: Oxford University
Press. Collection of key public international law documents, including treaties and
conventions.
Brownlie, Ian 2008, Principles of public international law, 7th edn, Oxford: Oxford University
Press. Leading student and practitioner text on international law authored by one of the
leading international lawyers of the late twentieth century.
Grewe, Wilhelm 2000, The epochs of international law, trans. Michael Byers, Berlin: Walter
de Gruyter. Classic history of international law from the Middle Ages to the end of the
twentieth century.
Reus-Smit, Christian 2004, The politics of international law, Cambridge: Cambridge University
Press. Wide-ranging collection of essays at the intersection of international law and
international relations.
Triggs, Gillian 2010, International law: contemporary principles and practices, 2nd edn,
Chatswood: LexisNexis Butterworths. Comprehensive text which includes core materials
from ICJ judgments and key conventions and treaties.