Primary and Secondary Subjects of International Law
The Book International Law by Antonio Cassese provides for a detailed discussion on concepts significant for understanding international law, particularly Public International Law. An intensive comparison is drawn between historical and contemporary perspectives of international law. The video by George C. Dixon provides a discussion on international law and its relevance to international relations. The video has focused majorly on Public International Law. It has used recent examples to explain the practicality of international law. The outline of the paper involves a summary of the first seven chapters of the book. Additionally, a summary of the e-lecture by Prof. Dixon.
States are the primary subjects of international law. Meanwhile, Individuals, organizations both private and the public are its secondary subjects. Since international law imposes obligations on the states to recognize and take responsibility for their acts along with their citizens’ acts. Furthermore, there is a horizontal relationship between the domestic legal systems and the international community. There is no vertical structure between national and international legal systems. However, effects are felt by even a minor change in any of them. The major limitation a horizontal structure possesses is the decentralization of functions. The role played by international law in regulating international relations has greatly favored the states (Westlake 1894, p. 9). Further, the concept of collective responsibility states that the entire state shall take the responsibility of its state official in case of violation of international law. For example, the Corfu incident of 1923. For the effectiveness of international rules, incorporation in the domestic legal system is required. Moreover, reciprocity is crucial with respect to rights and obligations. Traditional and new rules of IL are co-existing (Mullerson 1994, p. 19).
The evolution of the International Community is divided into four stages, each explaining the present stand of international law. The gradual emergence of the international community due to the prevalence of customs, treaties, and general principles. It dates back to the time of the first world war. The second stage begins with the start of WW1 and the end of WW2 (Albrecht 1965, pp. 22-26). This was the era of the league of nations. This period marked the turning point in the laws and relations of the international community. This period witnessed the rise of two superpowers U.S. and USSSR and also the end of the colonial era. This period saw the involvement of major nation-states of the world community fighting for their ideologies and beliefs (Rich 1993, pp 28-36). With the failure of the league of nations to prevent WWII resulted in the adoption UN. The establishment of the UN, a successor of the LoN substantially widened the scope of international law by enacting charters, signing treaties, and conventions between the countries advocating for peaceful co-existence. A new era began with the adoption of the UN Charter in 1945. The final stage is the present position.
The body of legal rules gradually evolved to govern international relations. The fundamental principles have three common postulates present i.e., Equality, Freedom, and Effectiveness. Thus, representing laissez-faire approach. The adoption of the UN Charter resulted in a significant change in the existing principles. UN Charter protects and values the sovereignty and equality of all states regardless of membership. The UN Declaration laid emphasis on the non-intervention in the external as well as internal matters of other states. There are various forms of intervention, for instance, aiding insurgents, economic coercion, or political destabilization in foreign nations. UN condemns the use of force or threat by states on each other. all forms of interventions. However, laws or declarations do not automatically impose obligations on all the states. In the words, of HLA Hart from the perspective of analytical jurisprudence, international law is not a legal system. Thus, dualist states require to incorporate such rules in their domestic law to create any obligation of fulfilment. It promotes peaceful settlements, non-violation of human rights, and recognition of self-determination rights (E. Roosevelt 1952, pp 52-66).
Evolution of the International Community
The key difference between domestic and international law is their applicability i.e., legal subjects. Individuals are the primary subjects in the National legal system, whereas, States are the prime subjects under international law. Traditionally, insurgents have been the subject of the international community (Brownlie 2012, pp 80-102). The act of recognizing a state has legal, and pollical implications giving the entity the status of a state. There are certain fundamental conditions required to be fulfilled to receive recognition. There are primarily four elements required to receive recognition of statehood, such as a defined territory, a stable government, capacity to create international relations, and a permanent population. Furthermore, Recognition can be de-facto and de- Jure (Cheng 1965, pp. 75-79).
Under international law, the territory is considered significant since it determines sovereign authority. Traditionally, State’s physical dimensions were defined by regular simple terms. There were various modes for the acquisition of territory under traditional IL but contemporary IL condemns acquisition by use of force or threat. Such acquisition shall not be considered legal under IL. The doctrine of Uti Possidetis Juris was adopted to resolve the boundary issues during the decolonization era. The dispute regarding the sea has been common and it is governed by the UNCLOS. Whereas, disputes regarding internal waters are under state jurisdiction. The state has certain authority and enjoys sovereign rights in the contiguous, and Exclusive economic zone over specific matters. Meanwhile, limited sovereign rights are given to the coastal states over the continental shelf. Each State has full sovereign rights and dispute jurisdiction in the High Seas. States enjoy full sovereignty over the airspace above their territory (Pardo 1974, pp. 81-95).
State Sovereignty is not absolute, many international rules hinder its application. There are limitations imposed on states while exercising sovereignty. The immunity doctrine releases states from foreign courts jurisdictions. Jure Gestionis acts fall under foreign jurisdiction while Jure Imperi acts have sovereign immunity. The doctrine of human rights has also affected sovereign immunity by upholding fundamental human rights. A distinction has been drawn by the courts stating immunity shall be determined by examining the activities of the official. Moreover, the international legal system is fluid and no hard and fast rule has been defined relating to state sovereignty and immunity (McNair 1956, pp 98-112).
International subjects also include individuals, insurgents, international organizations, national liberation movements, and some sui generis entities. If a state grant recognition of belligerency, then rebel becomes entitled to the rights derived from Jus in Bello. Recognition of insurgents is subject to certain conditions, such as their compliance to international obligations, and mass support from the people (Cassese 1981, pp 124-130). International law recognizes few subjects exhibiting two specific characteristics, such as historic significance, no distinct territory, and limited international personality. For example, the holy see, EU, Vatican City, ICRC, and the like. The rationale behind the recognition of new international subjects is to have far-reaching and heavier regulatory control on them. Similarly, International organizations are also subject to international law review. For example, UN, ILO, WTO, and the like. After an in-depth historical analysis, Individuals are also considered as international subjects worldwide (Hall 1924, pp 130-141).
Fundamental Principles of International Law
The video provides a study of international law in the field of international relations (IR). It includes the introduction of concepts of international law, differences between domestic laws and international, the applicability of international law by relating it to international relations (IR). Further, it discusses the challenges and controversies of international law. It explains the meaning of IR as a study of relations of cross-border actors. IR is also a diverse discipline. Further, explains the areas of IR by stating it involves individuals, governments, organizations both private and public forming cross-border relations. Interpretation of IR varies depending upon the perception. The video further discusses the significance of International and its role in the global contemporary times. The evolution of IL is briefly explained and its current position. The applicability and functions of IL are subject to certain limitations due to its lack of enforcement authority (Shaw 2017).
It further explains the categories of IL i.e., Public International and Private International Law. The meaning and applicability of both of them are explained, but the major focus is on public international law (PIL). The distinction between IL and domestic law is drawn by explaining a hypothetical example. The key difference is that domestic laws have enforcement authority. Whereas, IL uses sanctions to enforce the law. It explains IL from the perspectives of IR theories in detail. The challenges of implementing IL are discussed along with its reasoning. It cited the examples of North Korea, Iran, and the current Russia-Ukraine invasion situation to explain the limitations of IL. However, States try to justify their actions and show respect towards the international laws, treaties, and conventions. For example, the U.S. spent time and money justifying its invasion of Iraq in 2003. Similarly, states go to lengths to negotiate and comply with IL (Dixon 2014).
After watching the video, I’ve understood the basics of IL and its relevance. There is a need for a better IL enforcement mechanism than via mere sanctions. The comparison and contrast of Domestic law with the IL has also aptly cleared both the concepts. Also, it cleared the meaning of Conflict of law and PIL.
Conclusion
To conclude this, the international book by the Jurist Antonio Cassese has explained relevant and significant concepts of international law, such as subjects of IL, Sovereign rights and immunities, spatial dimensions, history of IL with the elaborative role of UN as League of nation’s successor, and other legal subjects of IL i.e., insurgents, sui generis and the like in the first seven chapters of the book. In the video, Prof. George has explained international law and IR by citing relevance and examples. IL is used where there are cross-border actors involved.
References
Albrecht, C. The Meaning of the First World War. Prentice Hall, 1965, pp. 22-26.
Brownlie, Ian. Brownlie’s Principles of Public International Law. Oxford :Oxford University Press, 2012, pp 80-102.
Cassese, A. The status of rebels under the 1977 Geneva Protocol on Non·lnternntional Armed Conflicts. CLQ, 1981, pp 124-130.
Cheng, B. Unjted Nations Resolutions on Outer Space: International Customary Law. IJIL, 1965, pp. 75-79.
Dixon, G. International Law (POLS4501/5501) 01. 3 May 2014. https://www.youtube.com/watch?v=G6PMzBFtCww (accessed March 09, 2022).
Roosevelt. The Universal Validity of Man’s Right to Self-Determination’.US Department of Sates, 1952, pp 52-66.
Hall, E. W. A Treatise on International law. Oxford: Clarendon Press, 1924, pp 130-141.
McNair, Lord. Officers Opinions. Cambridge University Press, 1956, pp 98-112.
Mullerson, R. The international Law, Rights and Politics. London and New York: Routledge, 1994, 11-19.
Pardo, A. 17 Common Heritage. 1974, pp. 81-95.
Rich, R. Recognition of States: the Collapse ofYugoslavia and the Soviet Union. EJIL, 1993, pp 28-36.
Shaw, M. International Law. Cambridge, 2017.
Westlake, J. The Principles of international Law. Cambridge University Press, 1894, pp. 2-9.
Order an Essay Now & Get These Features For Free:
Turnitin Report
Formatting
Title Page
Citation
Outline
