1. 1 International Law And the Law of War

2. 2 International Law What is it? – Rules and principles of general application dealing with the conduct of: States International Organizations And some of their relationships with persons – But usually not between persons and states

3. 3 International Law: Rules and Principles Universal: applicable to all states General: applicable to a large number of states Regional: applicable to only certain groups of states (e.g., EU) Particular: applicable to two or a few states

4. 4 International Law: Characteristics All parties ‘equal’ – Horizontal legal system – No supreme authority (No three branches of gov’t) Problem solving – Mediation, arbitration, court, sanctions – Self-help: the RULE Retorsion: Lawful but unfriendly act Reprisals: Unlawful act

5. 5 International Law (?) Can there be law without enforcement? What is ‘law’? Rule of Law necessary in international relations? Public vs. Private Law

6. 6 International Law Hugo Grotius: – Basis principles of law are derived from principles of justice which had a universal and eternal validity. – Discover by pure reason. Law is ‘found’ not made.

7. 7 International Law: Theories Natural Law – An automatic consequence of people living together in a society: certain rules are necessary for the preservation of society – Has religious overtones – Disfavored by ‘scientific and secular’ types – Derived from the concept of ‘justice’ If a law is unjust must it be followed?

8. 8 International Law: Theories Positive Law – Man-made – Law and justice are the same thing – Law varies with society and time

9. 9 International Law: Theories Sovereignty – Each State must have – Law is the command and threat of sanctions by the Sovereign Replace ‘Sovereign’ with ‘Independent’ State

10. 10 International Law: Purposes First: Making international relations possible Second: Right to use Force Third: Right of Intervention Fourth: Humanity (peace, humanization of people and war) International Organizations (Commerce)