SESSION 4

INTERNATIONAL LAW

Is there international « law » ?

✓ System of rules
✓ ‘Constitutional structure’: United Nations (League of Nations) – but only since 1920… Creates
a framework within International system  (“Sort of” for Trump)
✓ System of tribunals: ICJ, ICC (International Criminal Court), ICA (International Court of P?
Authority
✗ Not everyone agrees with all of it (no ‘uniformity’)
Kim Jong Un, Catalonia on regional level BUT there is a Spanish constitution
✗ Weak/no sanctions

I. What does an international law include?

Three important areas

• the law between States (“international public law”)
UK with Europe
• the law of international institutions (“international institutional law”?)
Above states, legal personality but are not states. Seen as part of international public law
• the law between private parties in different States (“international private law”)
Contract with French company: don’t send it to private party, have dispute that solved by
International provate law. Two parties in to different states…
• [law between private parties and a foreign State]

II. The State – Main actor

Four requirements
• Defined territory (land only)
• Permanent population
• Exclusive right to govern territory (‘sovereignty’)
• Recognition — de jure (or de facto ?)
How to get recognised => Resolution of the UN
De jure describes the practice that are legally recognised, whether or not the practices exist in
reality
De facto describes situations that exist in reality even if not legally recognised

III. State and international representatives and their immunities

Sovereign’ immunity
• Head of State + family/household
• In France, Uk… President cannot be sued
• members of foreign governments
Diplomatic immunity
• accredited diplomats
– Vienna Convention on Diplomatic Relations (1961)
 Possible to remove the accreditation
Is immunity absolute?
• things which are ‘repugnant’ (murder)? (Litivinenko case: empoisoned in sushi
restaurant) not accepted
• still a crime under own law
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INTERNATIONAL LAW

IV. The Treaty

A) Building block for international law

Agreements between States

• originally agreements between Kings
International ‘practice’ set out in Vienna Convention on the Law of Treaties (1969)
Applied by
• international tribunals
• some national courts

B) Basics of treaties

Only affect the parties to them

(Generally) do not have retroactive effect — unless the Treaty actually says so
May only be changed with the agreement of all of the other parties
 some Treaties allow other States to join without unanimous agreement
May create new international institutions with legal personality

C) Treaty and private citizens

International crime
• Cross-border investigations (Interpol = UN organisation)
• bi-lateral extradition Treaties (criminal transported from one city to another)
No trust in Russia, so no extradition treaty, whereas US yes

Treaties on governing law and on jurisdiction

• which national law governs our relationship – ‘conflict of laws’?
Conflict between all members of EU for Rome treaty, now resolved
• which court (or arbitrator) can resolve our dispute – jurisdiction?
...enforcement against private persons still national — constitutions may give Treaties effect in national law
but many don’t

International ‘regulation’ (administrative?) law systems?

• eg. Basel II (solvency requirement s for banks set by international
convention) , GATT (Trade), Aarhus Convention (Created a body on
environmental law regulations), CITES (Preventing endangered species to
be imported)
 Affect right of private parties

V. International Institutions

A) United Nations

Objectives of UN: UN Charter (1945) — chapter I

- Self determination, equal right…
- International cooperation on all aspects (humanitarian…)
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INTERNATIONAL LAW

Institutional structure – ‘democratic deficit’?

• General Assembly (diplomats send to the UN by each member)
• Security Council (13 members with 5 permanents and others rotating)

UN agencies (Unicef etc)

Tribunals (ICJ)

Enforcement of international law

• Sanctions on States and their rerpesentatives (economic, personal)
• intervention – UN peacekeepers
Don’t have an defense body- relies on army of its members

B) World Trade Organisation

General Agreement on Trade and Tariffs (GATT) — post-war ‘Bretton Woods’ system
• ‘most favored nation’ principle (members) + exceptions
• Uruguay Round -1995
Series of Treaties on trade
• mainly goods (GATT), some services => Prevent trade wars, solve trade disputes
• also TRIPS (Trade-Related Aspects of Intellectual Property Rights): stop trade
barriers arising
Negotiating forum supported by a secretariat + enforcement
• WTO panels (arbitrators) in case of dispute
• ‘countervailing measures’ (sanctions)

Everyone must have a schedule following WTO

If state A thinks state B is not respecting, can report to WTO arbitrators, they will decide what to do and
sanctions in case needed