INTRODUCTION
Introduction to Public International Law
Chapter 2. Sources of International Law
Public international law is created by states and the states are, therefore, both creators of public
international law and the subjects. They mainly create public international law through treaties and
customary law. Examples of sources can be found in art. 38 of the Statute of the ICJ. Treaties are written
agreements between (1) states, (2) international organizations, or (3) international organizations and
states governed by public international law. They can be multilateral or bilateral. Customary international
law is the process by which unwritten international laws are made, annulled, and changed. It consists of
two elements: (1) general practice among states; and (2) the acceptance by, or the conviction of states
that this practice is required by law (opinio juris).
General practice is the objective element of customary international law, which may be found in the
words and actions of the states. It must be widespread and representative. Opinio juris is the subjective
element of customary international law. The term means that states engage in each practice out of a
sense of legal obligation.
Besides treaty law and customary international law, other less significant sources include general
principles of law, decisions of international organizations and unilateral declarations. General principles
of law are unwritten legal norms of a broad character that play a gap-filling role in the international legal
field. Unilateral declarations of states, made publicly, may create binding legal obligations for the
declaring state in certain limited circumstances (criteria).
Chapter 3. Subjects, statehood and self-determination
Sovereign states are the main subjects of international law. The circle of subjects has expanded and
various other entities, such as international organizations, peoples, and individuals are also recognized as
subjects of international law. A subject of international law is an entity that can possess rights, duties, and
competences under international law. International organizations have those powers that are necessary
for the exercise of their functions (partial legal capacity), whereas states have full legal capacity. NGOs do
not possess international legal capacity because they’re established by private actors and governed by
national law.
The Montevideo Convention provides a set of criteria for the definition of statehood:
1. Permanent population;
It’s important that there is a population that inhabits the territory on a permanent basis.
2. Defined territory;
The state’s territory encloses the landmass, international waters, territorial sea, and the airspace
above the land and the territorial sea. It is crucial that the physical boundaries of the territory are
defined.
3. Effective government;
A state must possess a government that effectively exercises public power over its territory and
population. The government must be able to do so without being dependent on other states.
In some cases, the term fragile or failing state is often used. This is the case when governments
have proved to be unable to control parts of the state’s territory, to provide basic needs of their
population, and to maintain law and order.
4. The capacity to enter relations with other states.
An entity should have the ability to act and enter international relations without legal interference
from other states.
, All people are entitled to ‘freely determine their political status and freely pursue their economic, social
and cultural development’ as stated in the ICCPR. The right to self-determination right has two
dimensions:
1. External;
The right to create a new state, especially in the context of decolonization.
2. Internal.
The right to self-determination in an existing state’s framework.
Chapter 4. Law of treaties
The importance of consent in the context of treaty-making is a function of state sovereignty, particularly
the idea that states cannot be bound by a treaty to which they never consented. For the expression of
consent, there is a wide range of methods, including: signature, ratification or accession.
At the state when a state expresses its consent to be bound by a treaty, exceptions allow the state to limit
the extent to which it commits to be bound by the treaty’s provisions. States are free to make exceptions
to treaties, but this rule is subject to the following exceptions:
1. A treaty could explicitly prohibit a reservation.
2. A treaty could implicitly prohibit a reservation by permitting only specified reservations.
3. A reservation could be incompatible with the treaty’s object and purpose.
Other states are not obliged to accept such exceptions. Reservations can either be accepted or rejected.
If a state’s domestic legislation conflicts with a treaty obligation, then the state must repeal, replace, or
amend the domestic legislation at issue. States are meant to make any necessary legislative changes
before their treaty obligations enter into force.
Chapter 5. Law of State Responsibility
‘Internationally wrongful acts’ refer to breaches of an international legal obligation by the state. When a
state breaches an international legal obligation, it must face international responsibility. An
internationally wrongful act consists of attribution and a breach. Attribution means that the act or
omission must be attributable to the state.
So, when a conduct is attributable and a breach, then the state in question holds international legal
responsibility for an internationally wrongful act. However, there are some situations in which the
conduct can be justified or excused. These situations are referred to as ‘circumstances precluding
wrongfulness’. The six forms that protect the state from bearing responsibility can be found in Chapter 5
of the ARSIWA. The international legal responsibility results in a few legal consequences: cessation, non-
repetition and reparation. There are three forms or reparation: restitution, compensation and satisfaction.
Lecture
The International Court of Justice (with the UN General Assembly, the Security Council and the Secretary-
General) is the primary institution of international dispute settlement. The standing or permanent
adjudicatory bodies are the ICJ, the International tribunal for law of the sea and the European Court of
Human Rights. There are also ad hoc (temporary) institutions. They come into existence to settle a
particular range of disputes and are dissolved after the dispute is settled.
The ICJ has two different types of jurisdictions:
1. Contentious jurisdiction
The Court can only have contentious jurisdiction between two states.
2. Advisory jurisdiction
The ICJ has jurisdiction to give advisory opinions concerning requests that concern legal
questions, not disputes.
Introduction to Public International Law
Chapter 2. Sources of International Law
Public international law is created by states and the states are, therefore, both creators of public
international law and the subjects. They mainly create public international law through treaties and
customary law. Examples of sources can be found in art. 38 of the Statute of the ICJ. Treaties are written
agreements between (1) states, (2) international organizations, or (3) international organizations and
states governed by public international law. They can be multilateral or bilateral. Customary international
law is the process by which unwritten international laws are made, annulled, and changed. It consists of
two elements: (1) general practice among states; and (2) the acceptance by, or the conviction of states
that this practice is required by law (opinio juris).
General practice is the objective element of customary international law, which may be found in the
words and actions of the states. It must be widespread and representative. Opinio juris is the subjective
element of customary international law. The term means that states engage in each practice out of a
sense of legal obligation.
Besides treaty law and customary international law, other less significant sources include general
principles of law, decisions of international organizations and unilateral declarations. General principles
of law are unwritten legal norms of a broad character that play a gap-filling role in the international legal
field. Unilateral declarations of states, made publicly, may create binding legal obligations for the
declaring state in certain limited circumstances (criteria).
Chapter 3. Subjects, statehood and self-determination
Sovereign states are the main subjects of international law. The circle of subjects has expanded and
various other entities, such as international organizations, peoples, and individuals are also recognized as
subjects of international law. A subject of international law is an entity that can possess rights, duties, and
competences under international law. International organizations have those powers that are necessary
for the exercise of their functions (partial legal capacity), whereas states have full legal capacity. NGOs do
not possess international legal capacity because they’re established by private actors and governed by
national law.
The Montevideo Convention provides a set of criteria for the definition of statehood:
1. Permanent population;
It’s important that there is a population that inhabits the territory on a permanent basis.
2. Defined territory;
The state’s territory encloses the landmass, international waters, territorial sea, and the airspace
above the land and the territorial sea. It is crucial that the physical boundaries of the territory are
defined.
3. Effective government;
A state must possess a government that effectively exercises public power over its territory and
population. The government must be able to do so without being dependent on other states.
In some cases, the term fragile or failing state is often used. This is the case when governments
have proved to be unable to control parts of the state’s territory, to provide basic needs of their
population, and to maintain law and order.
4. The capacity to enter relations with other states.
An entity should have the ability to act and enter international relations without legal interference
from other states.
, All people are entitled to ‘freely determine their political status and freely pursue their economic, social
and cultural development’ as stated in the ICCPR. The right to self-determination right has two
dimensions:
1. External;
The right to create a new state, especially in the context of decolonization.
2. Internal.
The right to self-determination in an existing state’s framework.
Chapter 4. Law of treaties
The importance of consent in the context of treaty-making is a function of state sovereignty, particularly
the idea that states cannot be bound by a treaty to which they never consented. For the expression of
consent, there is a wide range of methods, including: signature, ratification or accession.
At the state when a state expresses its consent to be bound by a treaty, exceptions allow the state to limit
the extent to which it commits to be bound by the treaty’s provisions. States are free to make exceptions
to treaties, but this rule is subject to the following exceptions:
1. A treaty could explicitly prohibit a reservation.
2. A treaty could implicitly prohibit a reservation by permitting only specified reservations.
3. A reservation could be incompatible with the treaty’s object and purpose.
Other states are not obliged to accept such exceptions. Reservations can either be accepted or rejected.
If a state’s domestic legislation conflicts with a treaty obligation, then the state must repeal, replace, or
amend the domestic legislation at issue. States are meant to make any necessary legislative changes
before their treaty obligations enter into force.
Chapter 5. Law of State Responsibility
‘Internationally wrongful acts’ refer to breaches of an international legal obligation by the state. When a
state breaches an international legal obligation, it must face international responsibility. An
internationally wrongful act consists of attribution and a breach. Attribution means that the act or
omission must be attributable to the state.
So, when a conduct is attributable and a breach, then the state in question holds international legal
responsibility for an internationally wrongful act. However, there are some situations in which the
conduct can be justified or excused. These situations are referred to as ‘circumstances precluding
wrongfulness’. The six forms that protect the state from bearing responsibility can be found in Chapter 5
of the ARSIWA. The international legal responsibility results in a few legal consequences: cessation, non-
repetition and reparation. There are three forms or reparation: restitution, compensation and satisfaction.
Lecture
The International Court of Justice (with the UN General Assembly, the Security Council and the Secretary-
General) is the primary institution of international dispute settlement. The standing or permanent
adjudicatory bodies are the ICJ, the International tribunal for law of the sea and the European Court of
Human Rights. There are also ad hoc (temporary) institutions. They come into existence to settle a
particular range of disputes and are dissolved after the dispute is settled.
The ICJ has two different types of jurisdictions:
1. Contentious jurisdiction
The Court can only have contentious jurisdiction between two states.
2. Advisory jurisdiction
The ICJ has jurisdiction to give advisory opinions concerning requests that concern legal
questions, not disputes.
