8/13/2019 1Harris_intllaw

1/4

Law onluy exist in society. Law of Nations = Society of nations existscivilized world constitute society or community.

Origin: Kindred nations of western Europe, bounb by unity of christendom.

immense growth/development made staetes mutually dependednt on the otherinterdependence=materialistic and not enough without common social consciousness,= shared responsinility, sentimentsfor common life

Int' law ought to be classified as branch of ethics rather than law.denial of legal character =inconvenient /contrary to juristic thought

inconvenien=if nothing but intl morality, it's not whole, difficult to distibguish morals ofstate from the otherStae commit act injurious to other state but not contrary to intl law, it is just not said

contrary to juristic thought=intl law questions are treated as legal questions by foreign offices=act not defended as to its morality but WON there is violation of law/rules

Sir Frederick Pollock writes "only essentialconditions for existence of law is existence of political community& recognition of its members of the rules that bind them

International law = system of customary law (w/in last 2 generations) ,= a super structure of conventional or treaty made lawviolation of law are rare in a customary system, so as is in intl lawintl law is observed because demands of states are not exacting but for convenience)

not the strength of police force but strength of the law

intl law is far from primitive & needs a strong and elaborate system of law for

regulation of clashes of state interests

WEAKNESS:no legislature to keep abreast of chaning needs of intl societyno executive power to enforce lawinadequate administrative bodies (resort to them is not compulsory)

restricted range:state sovereigntylaw will not be effective in intnl relations unless involve domestic jurisdictionnot nature of law to provide solutions as uncertainty cannot be eliminated fromlaw

Difference of Intl law from Law of State is degree, not of kind. (depending on practical implication on general principles)

Importance of Use:depends on aim.Foreign offices like legal advisers, hearing in intl tribunal.affect particular interest or individualseneble states to carry on day to day intercourse

8/13/2019 1Harris_intllaw

2/4

De visscher: " there can be no international community so long as the politicalends of the state overshadow thehuman ends of power"

John Austin (Test): "SOvereign is defined as a person who receives habitual obedience from members of the independentpolitical society, & who in turn do not know such obedience to any other person"

Rule of the test above is that Rules of Intl law did not qualify as rules of "positive law", not being acommand of any sort. Austin test means that international law is not law.

JOhn Besset Moore: international law is as well observed as national law

"Law habit" is occasions wherein intl law is complied with and honored than flouted or breached.

(in intl law, though an act is condemned, does not mean actor is arraigned)

In north atlantic treaty: No participating state of a treaty considers itself to have acquired the right to demandthe course of conduct of other participating states.

It is a "declaration of intent wherupon the participating states can rely subject to the inherent limitations"

(States Observe Intl law w/o actual compulsion coz it is within the interest ofall nations concerned to honor theirobligations under intl law. Example, do not infrigned on rights of foreign diplomats coz we want to protect ourown foreign diplomats based in other foreign nations as well)

Cannot disregard obligations under intl law coz of the benefits it likewise expects from the same

(a nation oftne renegading treaties will find it hard to conclude commercial treaties beneficial to itself.

International law enforces itself coz of complementary interests. no need for special enforcement action.

Self-note: What controls the conduct or makes it coercive is the sanction imposed, in intl law,what controls the conduct is the complementray benefits/interests

accdg to kelsen: intl law is true law coz it provides sanctions (reprisals, wars, or use of force..)

=last resort wherby disputes are settled between states= crude way for injured state to assert/defend its rights(nothing defenite/certain is put in place as a means of settlement)=war/aggression has been repressed but no progress yet in enforcement of intl rights/obligations

Foundation of Authority of Intl Law = the fact that the state making up the intlsociety recognize it as bindingupon them irrespective of their individual wills

8/13/2019 1Harris_intllaw

3/4

SELF-HELP= for injured stateForms of self-help:Countermeasures - not involve armed forces (contrary to intl law) to induce complianceActs of Retorsion - acts, although unfriendsly, are like countermeasures, not illegal under intl law

sanctions (w/in power by UN, limited in scope exercisable by security council)Example: exclusion from benefits e.g gpower of World bank to grant or withold ofdevelopment funds

Effective enforcement of intl law:through national courts- powers are backed up by power of the state

Which issues can be subject to national legislation (not all intl laws are subject)?-diplomatic & sovereign immunity are applied, prohibiting the use of force is not-those that are part of the law of the land

NGOs (e.g. GreenPeace) play impt role in dessimating information to enforce treaty obligations& bring pressure to states for compliance

ORIGIN OF INTL LAW:the law created to govern the relations of the society of Christian States (forming Europe) provided the basis forthe present [INtl] law.

-"law of nations" regarded it to have universal application but really is just public law of Europe.-The 1st intl law was extended at end of 18th to the beginning of 19th century to states that succeeded theeuropean rebel colonies of North & south America respectively.-mid 19th century, Turkey was 1st non-christian ssubject of intl law

- 1914, extended to asia (japan, china, persia)-1920 League of Nations was created & open to any state (beginning of present intl law)- resort to war was made illegal, system of collective enforcement of peace & security was initiated (throughUN in place of Self-help)-change in the balcance of interest & values of communities, from those states that gained independence,shapedthe intl rules

Oppenheim's doctrine: "state's solely & exclusively are the subject of intl law"

Increase of subject matter of Intl Law :

(to cover what friedmann called" the intl law of cooperation". a positive, community-minded kind of law :-human rights-international environmental lawIn science:-Outerspace-deep sea-bed

8/13/2019 1Harris_intllaw

4/4