LAW 1508 Lecture Notes - Lecture 1: Corfu Channel Case, Peremptory Norm, Straits Of Corfu
23 May 2018
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Development and Nature of International Law (Week 1)
Public International Law (Definition):
• The field of international law is concerned with law that principally operates among sovereign
countries or States, arising from sources such as treaties and the customary practice of States.
• Modern definition –diversity of actors: NGOs/ Quasi states: Taiwan and Palestine. individuals
Difference between law and politics
• Clear that states are motivated by politics EG: Law is made by political actors, through political
procedures, for political ends. Law is a result of politics. Inevitably, law is politics. (5th ed Int. Law
Cases and Materials)
• BUT not all politics: Almost all nations observe almost all principles of international law almost all of
the time. (Henkin)
o Political motivations translated into legal language.
Sources of Int Law Article 38(1) of ICJ Statute
✓ Art 38(1)(a) – treaties, conventions, protocols
✓ Art 38(1)(b) – Customary International Law.
✓ Art 38(1)(c) -- Jus Cogens and Erga Omnes.
✓ Art 38(1)(d) – Judicial Decisions and the teachings of the most highly qualified publicist of the various
nations, as SUBSIDIARY means for the determination of rules of law.
Actors in International Law
States objects not subjects of IL. Get all the rights.
o Criteria: Montevideo Convention on the Rights and Duties of States (1934)
▪ Permanent population.
▪ A defined territory
▪ Government
o Title of territory. Sovereignty.
(a) (LOTUS- Freedom to do what states want so long as there is no law against it) (BUT Corfu
channel- there are limits to sovereignty, no longer individualist regime.) (Jus Cogens)
o non-interference in internal affairs
o Sovereign equality. Respect other States sovereignty (Corfu Channel Case).
o Able to make laws (i.e to enter or not enter a treaty, customary international law).
i) Limitation: Bound by law (i.e by treaty) and also by jus cogens.
o Able to consent (or not) to resolve international dispute to courts.
(i) However, erosion of barriers. increasing power to international organizations.
(ii) Inroads to domesic law: environmentl standards, human rights standards,
international criminal law
International Organizations- certain types of international personality. Bodies get whatever rights their
constitutive documents give them
o Multilateral
▪ High geographical coverage: UN, WHO, UNESCO
▪ More restrictive geographical coverage: NATO, Commonwealth.
o Regional
▪ EU, OAS, African Union, Arab League.
Non-government organizations
o Amnesty International.
Private Entities
o International Corporations. Can be given certain rights and obligations
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