International Law

State vs. Nation

• “State” is a term used in international law to describe a country or nation considered to be an organized political community under one government.
• International law is a set of rules and customs that governs the relationships between countries, known as states.

International Law

• Every country, or state, has its own set of laws and legal system.
• The laws of one country will apply to everyone in that country, but generally do not apply outside that country’s borders.
• These laws are called national or domestic laws.

Domestic vs. International

• International law picks up where domestic law ends. It governs the way countries interact with one another.
• In specific circumstances, also sets how and when an international government, like the United Nations, intervenes in how a government interacts with its citizens or other people within the state.

Bilateral and Multilateral Agreements

• Canada’s relationship with another country, such as Germany, the United States, or Mexico, will be governed by international law through agreements that are bilateral (between two countries) or multilateral (among three or more countries).

Critical thinking...

Main subjects of International Law

• Human rights: ensuring the fundamental rights of every individual.
• Regulating the use of armed force: making universal rules so that countries resolve differences through peaceful means.
• Protection of individuals during times of war.
• Trade and development.

More Subjects

• The law of the sea.
• Environmental issues and climate change: creating universal rules for the preservation of natural resources and protection of the environment.
• Transportation: setting safety standards for international travel by air, rail, and sea.

And finally...

• Telecommunications: setting rules for building and maintaining communication systems that cross state borders.

How is international law created???

• Unlike with the domestic laws of individual countries, there is no single international government that creates and enforces international law.
• Consequently, international law has developed as a result of countries agreeing to act, or refrain from acting, in certain ways toward one another.
• Two main ways that international laws are developed:

Adoption of customs

• International community also has certain customs that have developed and been followed over long periods of time.
• Customs become international customary law
• For example, the law of diplomatic immunity—which protects diplomats from harm or lawsuits when in a foreign country—began as a custom

2. Treaties

• The term “treaty” refers to a formal agreement between two or more states that sets out their mutual legal rights and obligations.
• Treaties are often made with regard to peace, the creation of alliances, commerce and trade, and other international relations
• Protection of human rights or international trade.

Int'L Treaties go By many names

• Covenants
• Charters
• Protocols
• Pacts
• Acts
• Statutes
• Agreements