International law
International law differs from state-based domestic legal systems in that it operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign states.
States and non-state actors may choose to not abide by international law, and even to breach a treaty, but such violations, particularly of peremptory norms, can be met with disapproval by others and in some cases coercive action including diplomacy, economic sanctions, and war.
An initial framework was conceptualised by the Ancient Romans and this idea of ius gentium has been used by various academics to establish the modern concept of international law.
Rules for diplomacy and treaty-making emerged, including notions regarding just grounds for war, the rights of neutral parties, and the consolidation and partition of states; these concepts were sometimes applied to relations with barbarians along China's western periphery beyond the Central Plains.
[21][22] Similarly, the Indian subcontinent was divided into various states, which over time developed rules of neutrality, treaty law, and international conduct, and established both temporary and permanent embassies.
[25] In the Islamic world, Muhammad al-Shaybani published Al-Siyar Al-Kabīr in the eighth century, which served as a fundamental reference work for siyar, a subset of Sharia law, which governed foreign relations.
[33][34] In Islam, a similar framework was developed wherein the law of nations was derived, in part, from the principles and rules set forth in treaties with non-Muslims.
He was among the earliest scholars to expand international law beyond European Christian nations, advocating for its application and recognition among all peoples on the basis of shared humanity.
[47] In contrast, positivist writers, such as Richard Zouche (1590–1661) in England and Cornelis van Bynkershoek (1673–1743) in the Netherlands, argued that international law should derive from the actual practice of states rather than Christian or Greco-Roman sources.
[52] Elements of the naturalist and positivist schools were synthesised, notably by German philosopher Christian Wolff (1679–1754) and Swiss jurist Emer de Vattel (1714–1767), both of whom sought a middle-ground approach.
[53][54] During the 18th century, the positivist tradition gained broader acceptance, although the concept of natural rights remained influential in international politics, particularly through the republican revolutions of the United States and France.
[55] In the years that followed, numerous other treaties and bodies were created to regulate the conduct of states towards one another, including the Permanent Court of Arbitration in 1899, and the Hague and Geneva Conventions, the first of which was passed in 1864.
[56][57] Colonial expansion by European powers reached its peak in the late 19th century and its influence began to wane following the unprecedented bloodshed of World War I, which spurred the creation of international organisations.
[96] There has been legal debate on this topic with the only prominent view on the length of time necessary to establish custom explained by Humphrey Waldock as varying "according to the nature of the case".
[105] The next year, the ICJ defined erga omnes obligations as those owed to "the international community as a whole", which included the illegality of genocide and human rights.
[117] States can be recognised explicitly through a released statement or tacitly through conducting official relations, although some countries have formally interacted without conferring recognition.
[134] The UNGA, concerned during the Cold War with the requirement that the USSR would have to authorise any UNSC action, adopted the "Uniting for Peace" resolution of 3 November 1950, which allowed the organ to pass recommendations to authorize the use of force.
There have been attempts to codify an international standard to unify the rules so differences in national law cannot lead to inconsistencies, such as through the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters and the Brussels Regulations.
Many of the primary human rights conventions also form part of international labour law, providing protection in employment and against discrimination on the grounds of gender and race.
[181] Individuals and organisations have some rights under international environmental law as the Aarhus Convention in 1998 set obligations on states to provide information and allow public input on these issues.
[184] There have historically been five methods of acquiring territorial sovereignty, reflecting Roman property law: occupation, accretion, cession, conquest and prescription.
[190][191] A state can have jurisdiction beyond its territorial waters where it claims a contiguous zone of up to 24 nautical miles from its baseline for the purpose of preventing the infringement of its "customs, fiscal, immigration and sanitary regulations".
[195] There are six freedoms of the high seas—navigation, overflight, laying submarine cables and pipelines, constructing artificial islands, fishing and scientific research—some of which are subject to legal restrictions.
During this recession, British Prime Minister Margaret Thatcher and US President Ronald Reagan pushed for free trade and deregulation under a neo-liberal agenda known as the Washington Consensus.
The 16th-century natural law writer de Vitoria examined the questions of the just war, the Spanish authority in the Americas, and the rights of the Native American peoples.
"[244] Since states are few in number, diverse and atypical in character, unindictable, lack a centralised sovereign power, and their agreements unpoliced and decentralised, Martin Wight argued that international society is better described as anarchy.
Sovereignty disputes further complicate the international legal landscape, as conflicts over territorial claims and jurisdictional boundaries arise, challenging the principles of non-interference and peaceful resolution.
[250] Cybersecurity has also emerged as a critical concern, with international law striving to address the threats posed by cyber-attacks to national security, infrastructure, and individual privacy.
[251] The COVID-19 pandemic has further highlighted the interconnectedness of the global community, emphasizing the need for coordinated efforts to manage health crises, vaccine distribution, and economic recovery.
[252] These contemporary issues underscore the need for ongoing adaptation and cooperation within the framework of international law to address the multifaceted challenges of the modern world, ensuring a just, peaceful, and sustainable global order.
