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International law refers to bodies of rules, principles, agreements, and legal practices that govern relations among states, international organizations, and, in some areas, individuals and other actors. International law covers subjects such as treaties, diplomacy, armed conflict, human rights, international trade, oceans, environmental agreements, migration, international organizations, and disputes between states.

International law differs from the domestic law of a single country because it operates across national borders and involves multiple legal systems and governments. It is closely related to International relations, political science, diplomacy, economics, history, and comparative law.

This topic page is for organizing the development of International law related content on this wiki. Please, feel free to improve upon what you see; your contributions will be greatly appreciated.

Sources of international law

Article 38 of the Statute of the International Court of Justice is frequently used as a starting point for discussing major sources of international law.

These include:

  • International treaties and conventions
  • International custom
  • General principles of law
  • Judicial decisions
  • Legal scholarship
  • State practice
  • International agreements
  • International organizations and institutions

Treaties create written obligations among their parties. Customary international law develops through sufficiently general state practice accompanied by acceptance that the practice is legally required.

Judicial decisions and legal scholarship can also help identify and interpret legal rules, although their roles differ from those of treaties and customary law.

Treaties

A treaty is an international agreement governed by international law.

Treaties can concern subjects such as:

  • Peace and security.
  • International trade.
  • Territorial boundaries.
  • Human rights.
  • Environmental protection.
  • Transportation.
  • Telecommunications.
  • Diplomatic relations.
  • Arms control.
  • International organizations.

The Vienna Convention on the Law of Treaties provides an important framework concerning treaties between states, including their interpretation, application, amendment, and termination.

A useful learning project could involve selecting a treaty and studying why it was created, which states participate in it, what obligations it creates, and how disputes concerning the treaty may be addressed.

The United Nations Charter

The United Nations Charter is one of the central documents of the modern international legal system.

Among its principles are the sovereign equality of United Nations members and the peaceful settlement of international disputes.

The Charter also establishes rules concerning the threat or use of force in international relations and creates institutions including the General Assembly, Security Council, and International Court of Justice.

Studying the Charter can provide a useful introduction to the relationship between international law and International relations.

International Court of Justice

The International Court of Justice, or ICJ, is the principal judicial organ of the United Nations.

The Court considers legal disputes between states when the necessary jurisdictional requirements are satisfied. It can also provide advisory opinions on legal questions referred to it by authorized United Nations organs and agencies.

Cases can involve questions concerning:

  • Territorial boundaries.
  • Treaty interpretation.
  • Diplomatic relations.
  • Maritime disputes.
  • State responsibility.
  • International legal obligations.

Studying ICJ cases can be useful for learning how legal principles are applied to actual international disputes.

International humanitarian law

International humanitarian law is the branch of international law that regulates conduct during armed conflict.

It seeks to limit the effects of armed conflict by protecting people who are not, or are no longer, participating in hostilities and by restricting certain methods and means of warfare.

Important sources include the Geneva Conventions and other treaty and customary rules.

International humanitarian law should be distinguished from the international legal rules concerning whether states may resort to force in the first place.

This distinction can provide an important learning topic because questions about the legality of using force and questions about conduct during an armed conflict involve different bodies of law.

International human rights law

International human rights law concerns international standards relating to the rights and freedoms of individuals.

Major subjects can include:

  • Civil and political rights.
  • Economic and social rights.
  • Freedom of expression.
  • Religious freedom.
  • Due process.
  • Equality before the law.
  • Protection from torture.
  • Rights of children.
  • Rights associated with work and education.

Human rights law can involve treaties, international organizations, regional legal systems, national courts, and monitoring institutions.

Researchers can compare how different international agreements define rights and how those agreements are implemented within domestic legal systems.

Law of the sea

The law of the sea governs many legal questions involving oceans and maritime activity.

Topics can include:

  • Territorial seas.
  • Exclusive economic zones.
  • Navigation.
  • Fisheries.
  • Continental shelves.
  • Marine resources.
  • Maritime boundaries.
  • Environmental protection.

Maritime law provides a good example of why international legal rules can be useful. Oceans cross political boundaries and create situations in which several states may have competing interests.

International trade law

International trade law concerns rules governing trade among countries.

It can involve:

  • Tariffs.
  • Customs.
  • Trade agreements.
  • Import and export restrictions.
  • Subsidies.
  • Intellectual property.
  • Trade disputes.

The World Trade Organization provides an institutional framework for many international trade agreements and disputes.

International trade law overlaps with International business, economics, diplomacy, and domestic regulatory law.

International environmental law

Environmental problems can cross national borders.

Pollution, climate change, wildlife migration, rivers, oceans, and atmospheric conditions can affect several countries simultaneously.

International environmental law therefore includes treaties and other legal arrangements addressing subjects such as:

  • Climate change.
  • Biodiversity.
  • Marine pollution.
  • Hazardous materials.
  • Wildlife protection.
  • Transboundary environmental effects.

International environmental law provides a useful area for studying how states attempt to solve shared problems through negotiation and legal agreements.

International criminal law

International criminal law concerns certain crimes recognized under international law.

Subjects can include genocide, crimes against humanity, war crimes, and other international crimes.

International criminal law can involve national courts as well as international or hybrid tribunals.

Students should distinguish international criminal law from disputes between states. These involve different legal institutions, procedures, and forms of responsibility.

Learning projects and resources

Learning materials and learning projects can be used by multiple departments. Please cooperate with other departments that use the same learning resource.

Remember, this wiki has adopted the "learning by doing" model for education. Lessons should center on learning activities for participants on this wiki.

Also, select a descriptive name for each learning project. Learning projects can be listed in order by Meta:Naming conventions.

  • International law
  • Search
  • Select an international treaty and identify its major provisions.
  • Compare treaty law with customary international law.
  • Research an International Court of Justice case and summarize the legal questions involved.
  • Compare international law with domestic law.
  • Research how an international agreement becomes part of domestic law in several countries.
  • Create a timeline showing the development of a major area of international law.
  • Compare several international legal institutions and their jurisdictions.
  • What makes a rule part of international law?
  • How does international law differ from domestic law?
  • Why do states enter into treaties?
  • How does customary international law develop?
  • What role does the International Court of Justice play?
  • How are international legal obligations enforced?
  • What is the relationship between international law and national sovereignty?
  • How should disputes between states be resolved?
  • What is the difference between international humanitarian law and international human rights law?
  • Ask an AI system to identify the major sources of international law and then verify the answer using the ICJ Statute.
  • Select an international dispute and identify the legal questions without attempting to decide which political side should prevail.
  • Compare how several legal scholars interpret the same international legal issue.

Readings

Readings from Wikipedia

See also