Syeda Sumaira Tabassum
Law: Lecture 8
Public International Law: An In-
Depth Overview
Introduction
Public International Law governs the relations between sovereign states and
other international actors. It provides the legal framework for maintaining
international order, peace, justice, and respect for human rights. As a vital
branch of law, it interacts with domestic legal systems but remains
autonomous, grounded primarily in treaties, customary practice, and legal
principles.
1. Sources of International Law
1.1 Definition and Significance
Sources of international law refer to the origins from which legal rules derive
their authority. They serve as authoritative bases for state behavior and
dispute resolution.
1.2 Principal Sources (Article 38 ICJ Statute)
, The ICJ recognizes four primary sources:
International Treaties and Conventions: Binding agreements like
Geneva Conventions and the Vienna Convention.
Customary International Law: Repeated practices accepted as law
(opinio juris).
General Principles of Law: Common principles across legal systems, such
as good faith.
Judicial Decisions and Doctrine: Subsidiary sources used to interpret and
clarify the law.
1.3 Soft Law
Refers to non-binding instruments, including UN declarations, codes of
conduct, and guidelines, influencing international behavior without legal
enforceability.
1.4 Customary International Law
These norms evolve from consistent state practices coupled with the belief
that such practices are legally obligatory (opinio juris). Examples include
diplomatic immunity and the prohibition of genocide.
1.5 Treaties
Formal written agreements, such as the Rome Statute, governed by the
Vienna Convention, which outline obligations binding parties upon
ratification.
2. Subjects of International Law
2.1 States
The primary authoritative subjects possessing sovereignty, capacity, and
international legal personality, capable of entering treaties, establishing
diplomatic relations, and bearing rights and obligations.
2.2 International Organizations
Created by treaties, such as the UN or WTO, they have legal personalities
enabling them to function actively within the international legal system.
2.3 Individuals
Law: Lecture 8
Public International Law: An In-
Depth Overview
Introduction
Public International Law governs the relations between sovereign states and
other international actors. It provides the legal framework for maintaining
international order, peace, justice, and respect for human rights. As a vital
branch of law, it interacts with domestic legal systems but remains
autonomous, grounded primarily in treaties, customary practice, and legal
principles.
1. Sources of International Law
1.1 Definition and Significance
Sources of international law refer to the origins from which legal rules derive
their authority. They serve as authoritative bases for state behavior and
dispute resolution.
1.2 Principal Sources (Article 38 ICJ Statute)
, The ICJ recognizes four primary sources:
International Treaties and Conventions: Binding agreements like
Geneva Conventions and the Vienna Convention.
Customary International Law: Repeated practices accepted as law
(opinio juris).
General Principles of Law: Common principles across legal systems, such
as good faith.
Judicial Decisions and Doctrine: Subsidiary sources used to interpret and
clarify the law.
1.3 Soft Law
Refers to non-binding instruments, including UN declarations, codes of
conduct, and guidelines, influencing international behavior without legal
enforceability.
1.4 Customary International Law
These norms evolve from consistent state practices coupled with the belief
that such practices are legally obligatory (opinio juris). Examples include
diplomatic immunity and the prohibition of genocide.
1.5 Treaties
Formal written agreements, such as the Rome Statute, governed by the
Vienna Convention, which outline obligations binding parties upon
ratification.
2. Subjects of International Law
2.1 States
The primary authoritative subjects possessing sovereignty, capacity, and
international legal personality, capable of entering treaties, establishing
diplomatic relations, and bearing rights and obligations.
2.2 International Organizations
Created by treaties, such as the UN or WTO, they have legal personalities
enabling them to function actively within the international legal system.
2.3 Individuals
