Requirement 4 (A)
Requirement
Explain international law and how it differs from national law. Explain the role of international law and how international law can be used as a tool for conflict resolution.
International Law
The world is made up of approximately 200 nations with strong ideas about sovereignty and national interests. As these countries grow increasingly interdependent, their relationships are challenged by serious issues, including the threat of nuclear war, terrorism, destruction of the environment, trade imbalances, famine, and disease control. Often, because of their political, economic, religious, and cultural views, nations do not agree about how to address these issues.
Public international law considers states (nations) to be legal entities. The law consists of all the rules, principles, customs, and agreements that these nations accept as having the force of law in their relations with each other. International law is as follows.
International Conventions and Treaties
These are formal pledges between or among nations. Conventions are general agreements among nations regarding matters of common concern, such as the Geneva Conventions. Treaties are written contracts, which are considered legally binding on those nations that signed the agreements. The United Nations charter is a multilateral treaty that addresses the agreements, rights, and duties of U.N. members. Executive agreements are pacts made between heads of state.
International Customs
These are international rules that have been practiced so long that courts regard them as unwritten laws. Most customary laws are based on Western culture and ideas. The laws are difficult to enforce because many non-Western nations are not likely to agree to the terms of laws that differ from their own customs.
General Principles of Law
These are general principles found in the various legal systems of many nations. One example is a nation’s right to defend itself. The International Court of Justice may base its rulings on general principles of law, but it is reluctant to do so because many member nations think the Court is “creating” new laws instead of applying established laws.
Comity of Nations
This is the courteous and friendly practice between nations of mutually recognizing executive, legislative, and judicial acts. Comity allows one nation to recognize another’s laws while still upholding its own laws. This form of international law is used in diplomatic situations.
International Court of Justice (ICJ)
The International Court of Justice is the judicial organ of the United Nations. All United Nations members are automatically members of the ICJ. As a civil court, it applies the rule of law to international disputes between nations. Its jurisdiction is twofold: settling international disputes and giving advisory opinions on legal questions.
Unlike national law, which is supported by a system of courts and prisons, international law is difficult to enforce. The power to enforce the law handicaps the Court. However, nations can enforce international law through economic sanctions like embargoes and the following coercive actions listed below.
Retorsion:
A legal act of retaliation to pressure another nation to reverse an unfriendly act, often by doing something similar—like raising tariffs.
Reprisal:
A forceful response to an illegal act. Normally unlawful but allowed as reprisal. Example: seizing property if a country refuses to repay a loan.
War:
The last resort. Its threat alone often forces change because of its serious consequences.
International Criminal Court (ICC)
This permanent International Criminal Court of Justice will try individuals accused of genocide, war crimes, and crimes against humanity. Its goals are to promote the rule of law and ensure that those people responsible for the most serious crimes do not go unpunished. The ICC’s jurisdiction is complementary to national jurisdictions.
Although both the International Court of Justice and the International Criminal Court are located in The Hague, they serve different roles. The ICJ, part of the UN, handles civil disputes between nations, while the ICC is an independent court that prosecutes individuals for criminal offenses. The ICC is not universally supported; the United States chose not to join in 2022 because its rules conflict with key American principles such as sovereignty, checks and balances, and national independence.
Did You Know:
The International Court of Justice (ICJ) defines principles for settling disputes, such as territorial boundaries and rights over waters and resources. It has ruled on issues like hostage-taking, asylum, passage rights, economic disputes, nationality, and even nuclear weapons. While the UN Security Council can enforce ICJ rulings, it has never done so. Some developing nations criticize the ICJ as favoring powerful countries.
International Law and National Law
Both systems aim for peace and cooperation, but international law is more about coordination among states, while national law is about governance within a state. Enforcement and authority are much stronger at the national level.
International Law vs. National Law: Understanding Their Roles
National Laws
(apply within one country)
National law is a set of rules and regulations that apply within a single country. It governs how people, businesses, and governments act inside that nation’s borders. For example, traffic laws or tax laws are national laws.
Examples of National Law:
Speed Limits – In the United States, most highways have speed limits between 55–75 mph, depending on the state.
Taxes – Citizens must pay income tax to the federal and state governments.
Criminal Laws – Laws defining criminal behavior, like theft or murder.
Environmental Regulations – Laws that limit pollution or protect endangered species (e.g., the U.S. Clean Air Act).
Education Laws – Children are required to attend school until a certain age based on state law.
International Laws
(apply between countries)
These are agreements or rules made between countries and govern relations on trade, environment, human rights, and war.
Examples of International Law:
Treaties – Formal agreements between countries.
Human Rights Agreements – The Universal Declaration of Human Rights (UDHR) protects basic rights like freedom of speech and religion.
Trade Agreements – The World Trade Organization (WTO) sets rules for international trade.
Peace Treaties – Agreements that end wars, like the Treaty of Versailles (1919).
Geneva Conventions – International rules on humanitarian treatment during war.
Suggested Activity
Scenario: Two countries claim the same island. How could international law help?
What tools would be used from international law to assist in conflict resolution?
Using International Law to Resolve Conflicts
Using a treaty allows the countries involved in the conflict to negotiate and sign agreements that define ownership or shared use of the island.
Arbitration offers a third party to review the evidence and issue a binding decision.
International courts, such as the International Court of Justice, settle disputes based on international law.
Want to learn more about the reality of international law? Check it out!
Now that you have learned about international law and national law,
let’s learn more about current issues that involve international trade, foreign exchange, balance of payments, tariffs, and free trade.
