International Law

A set of rules recognized by nations as governing their conduct toward each other and toward each other's citizens. In addition, certain international organizations (such as the United Nations), corporations, and sometimes individuals may have rights or duties under international law. International law is sometimes viewed as a by-product of the rise of the nation-state in the 17th century.

Broadly speaking, international law deals with the formation and recognition of states, the acquisition of territory, war, the law of the sea and of space, treaties, the treatment of human rights, transnational and international crimes, and international judicial settlement of disputes. Early concepts of international law focused only on the relationships between and among sovereign states. However, the 20th century has gradually brought the individual to the fore. A large body of international law exists in the form of treaties, conventions, and principles. Their enforcement depends on the states themselves, although one of the parties may appeal to the International Court of Justice or seek some other form of arbitration. Broad conventions cover a diverse range of topics from efforts to protect women and children from discrimination to the control of cyber crime. International law is not devoid of criticism. First, observers have noted that the private interests of states prevail. Commentators highlight the fact that states' private interests often override the wider public concern for compliance with international law and that international tribunals seem to play only a minor role in the enforcement of international law. Second, strong states ignore international law. Because international law is not enforced by a sovereign power (in contrast to national law), its significance is often disputed.

A more recent dimension of international law concerns the development of a universal jurisdiction capable of imposing respect for international law. For example, the 1990s saw the United Nations Security Council authorize the use of force in response to violations of international law and to provide humanitarian assistance. The Council also established two international criminal tribunals: for the former [Page 268]Yugoslavia and for Rwanda. The international criminal court has attempted to bring to justice the leaders or former leaders of states such as Liberia and the Sudan, which have witnessed atrocities and genocidal actions. Such coercive measures suggest that the concept of global enforcement of international law is now more real than theoretical, although it is limited to the realm of threats to international peace and security, and even in this realm, it proves to be selective. For more information, see Jones (2003), Picker (2001), and Ratner and Abrams (2001).