International Law I37020 Qin Ge

Is international law important ? Power "Servant" Law= Interests

Content 1. What is Law 2. Why does law be created 3. The history of law 4. Law’s characteristics 5. The change of law 6. Laws of war 7. Theoretical approaches

What is Law a core international institution a set of norm, rules, and practices created by states and other actors to facilitate diverse social goals from order and coexistence to justice and human development

Why does law be created? Struggle for power War Order Institution

Institution Organization Institution & Organization physical entities that have staff, head offices, and letterheads.

3 levels of institutions Constitutional Sovereignty Fundamental Issue-specific International law multilateralism NPT

History of law History Roots Liberalism & Nationalism Command of God Monarchies Transformation The contemporary international legal system ---historical artefact

12 43 Multilateral Legislation Language and practice of justification The discourse of institutional autonomy Consent and Legal Obligation 4 Distinctive Features Features

Concern with the regulation of inter-state relation 3 States is the only actors empowered to formulate, enact and enforce 2 States were the primary subject 1 The scope was confined 4 4 Characteristics of international law

No longer confined to maintaining international order Increasingly concerned with global Non-state actors are becoming important agents Individuals, groups, and organiations are increasingly becoming recognized subjects The Change of Law

International law The Laws of War Jus ad bellum Jus in bello Just cause: waging war was justified, morally as well as legally when states facing unwarranted attack War was justified if it served a state's vital national interests which states itself had the sole right to define. a gradual expansion of the scope of international legal constrains on permissible conduct in war

Realism Theoretica l approache s 1 Neo-liberal institutionalism 2 Constructivism 3 The new liberalism 4 Critical legal studies 5 The practice turn 6 Theoretical approaches to international law

Questions Can international order be achieved with international law? What else is needed? Could you think of some cases which violate international law in recently 20 years? Among the most prominent theoretical perspectives on international law, which one do you agree?

Thanks for your attention The law underpins all three pillars of the United Nations: peace and security, development and human rights. everything that the UN does is firmly grounded in law. Let us continue using the power of the law to fight the monstrous and to uphold the selfless and the glorious in everything we do. —— Ban Ki-Moon Internatinoal law