Mindel Scott

Legal Basis of International Law

Some of the measures taken by the Security Council have implications for international law, for example with regard to peacekeeping missions, ad hoc tribunals, sanctions and resolutions adopted under Chapter VII of the Charter. Under article 13 (b) of the Rome Statute, the Security Council may refer certain situations to the Prosecutor of the International Criminal Court (ICC) if it is established that international crimes (such as genocide, crimes against humanity, war crimes, crimes of aggression) have been committed. Often extremely complicated, ICJ cases (fewer than 150 since the Court`s establishment from the Permanent Court of International Justice in 1945) can span several years and typically include thousands of pages of briefs, evidence and leading international specialist lawyers. As of November 2019, 16 cases were pending before the ICJ. Decisions in other arbitration proceedings may or may not be binding depending on the type of arbitration agreement, while decisions arising from contentious cases heard by the ICJ are always binding on the States concerned. Hans Morgenthau regarded international law as the weakest and most primitive system of law enforcement; He compared its decentralized nature to the law that prevails in preformed tribal societies. The monopoly on the use of force makes domestic law enforceable; But there are several competing sources of power between nations. The confusion created by treaty laws, which resemble private contracts between individuals, is mitigated only by the relatively small number of States. [60] For example, it is not clear whether the Nuremberg trials created a new law or applied the existing Kellogg Briand Pact law.

International law, also known as international law and international law,[1] is the set of rules, norms and standards generally accepted in relations between nations. [2] [3] It establishes normative guidelines and a common conceptual framework to guide states in a wide range of areas, including war, diplomacy, trade, and human rights. International law aims at the practice of stable, coherent and organized international relations. [4] In the absence of a treaty governing relations between two or more states on a particular issue, it is important that there be a consensus among states on what the law should be or, in other words, on state practice in conjunction with the recognition that a particular practice is mandatory. If this practice and consensus are sufficiently widespread and consistent, they can constitute customary international law. The term “international law” is sometimes divided into “public” and “private” international law, especially by civil jurists who want to follow a Roman tradition. [6] Roman jurists would also have distinguished between jus gentium, the law of nations, and ius inter gentes, agreements between nations. According to this view, “public” international law encompasses relations between nation-states and includes areas such as the law of treaties, the law of the sea, international criminal law, the law of war or international humanitarian law, international human rights law and refugee law. In contrast, “private” international law, more commonly known as “conflict of laws”, involves determining whether the courts of countries claim jurisdiction over cases with a foreign element and which national law is applicable. [7] Since there is no mandatory judicial system to settle disputes or a system of coercive sanctions in international law, it is not as simple as dealing with violations in a domestic legal system.

However, there are ways to bring violations to the attention of the international community and to remedy them. For example, in international law, in some areas, such as trade and human rights, there are judicial or quasi-judicial tribunals. The establishment of the United Nations, for example, created a means for the international community to enforce international law against members that violate its Charter through the Security Council. There are many other UN documents that appear to be legally binding, but are not.