Principles of International Legal Order

In addition, judicial decisions and the teachings of eminent experts in international law can be used as «tools for determining legal rules». Often extremely complicated, ICJ cases (fewer than 150 since the Court`s establishment from the Permanent Court of International Justice in 1945) can span several years and typically include thousands of pages of briefs, evidence and leading international specialist lawyers. As of November 2019, 16 cases were pending before the ICJ. Decisions in other arbitration proceedings may or may not be binding depending on the type of arbitration agreement, while decisions arising from contentious cases heard by the ICJ are always binding on the States concerned. Hans Morgenthau regarded international law as the weakest and most primitive system of law enforcement; He compared its decentralized nature to the law that prevails in preformed tribal societies. The monopoly on the use of force makes domestic law enforceable; But there are several competing sources of power between nations. The confusion created by treaty laws, which resemble private contracts between individuals, is mitigated only by the relatively small number of States. [60] For example, it is not clear whether the Nuremberg trials created a new law or applied the existing Kellogg Briand Pact law. A strong international legal order is essential for a just, peaceful and prosperous world. This requires the establishment of norms and standards. Governments in conflict must know not to kill innocent civilians.

Soldiers must know not to torture others. The norms of the international legal order are set forth in various international conventions: the concept of sovereignty was spread throughout the world by the European powers that had established colonies and spheres of influence over virtually all societies. Positivism reached its peak in the late 19th century and its influence began to decline after the unprecedented bloodshed of World War I, which inspired the creation of international organizations such as the League of Nations, established in 1919 to ensure peace and security. International law has begun to incorporate more naturalistic concepts such as self-determination and human rights. The Second World War accelerated this development and led to the creation of the United Nations, whose charter enshrines principles such as non-aggression, non-interference and collective security. This was followed by a stronger international legal order, supported by institutions such as the International Court of Justice and the United Nations Security Council, as well as multilateral agreements such as the Genocide Convention. The International Law Commission (ILC) was established in 1947 to support the development, codification and strengthening of international law. When the modern system of (public) international law developed from the ius gentium tradition of the late Middle Ages, it was called international law, a direct translation of the term ius gentium and rights of nations used by Hugo Grotius by Emer de Vattel. The modern concept of international law was invented by Jeremy Bentham in 1789 and was established in the 19th century. [8] The developments of the 17th century reached their climax with the conclusion of the «Peace of Westphalia» in 1648, which is considered a revolutionary event in international law.

The resulting «Westphalian sovereignty» established the current international legal order, characterized by independent sovereign entities, called «nation-states», which are equal regardless of their size and power, defined above all by the inviolability of borders and non-interference in the internal affairs of sovereign states. From that point on, the concept of the sovereign nation-state developed rapidly and, with it, the development of complex relationships that required predictable and widely accepted rules and guidelines. The idea of nationalism, in which people began to see themselves as citizens of a particular group with a distinct national identity, further solidified the concept and formation of nation-states. The 15th century saw a confluence of factors that contributed to the accelerated development of international law in its current framework. The influx of Greek scholars from the collapse of the Byzantine Empire, as well as the introduction of the printing press, stimulated the development of science, humanism, and notions of individual rights. The increase in navigation and exploration by Europeans has challenged scientists to develop a conceptual framework for relations with different peoples and cultures. The formation of centralized states such as Spain and France brought more prosperity, ambition and trade, which required increasingly sophisticated rules and regulations. The above provisions are general rules of interpretation which do not preclude the application of specific rules to certain areas of international law. Sources of international law include international practice (general State practice accepted as law), treaties and general principles of law recognized by most national legal systems.

International law may also be reflected in international comity, practices and customs adopted by States for the purpose of maintaining good relations and mutual recognition, such as the salutation of the flag of a foreign ship or the enforcement of a judgment of a foreign court. Having become geographically international thanks to the colonial expansion of the European powers, international law became truly international in the 1960s and 1970s, when rapid decolonization led to the creation of many newly independent states around the world. The different political and economic interests and needs of these States, as well as their different cultural backgrounds, have permeated the principles and practices of international law, hitherto dominated by Europe, with new influences. Various institutions, from the World Health Organization to the World Trade Organization, have fostered the development of a stable and predictable legal order with rules that govern virtually all areas. The phenomenon of globalization, which has led to rapid economic, political and even cultural integration of the world, represents one of the greatest challenges for the development of a truly international legal system. Nation-states follow the principle par in parem non habet imperium: «There is no sovereign power among equals.» This is reaffirmed in Article 2(1) of the Charter of the United Nations, which states that no State shall be subject to another State. John Austin thus asserted that «so-called» international law was devoid of sovereign power and therefore unenforceable, was not a right at all, but a «positive morality» consisting of «opinions and feelings». more ethical than legal.

[57] General principles common to national legal systems may constitute a secondary source of international law. There are situations in which neither treaty nor customary international law can be applicable.