International Law

Edited by Jiang He

The Concept of International Law

The origin of the term: Jus gentium, law of the nations and international law

The definition: The subject matter of this text is international law, that is, public international law. It refers to a aggregate of rules, norms and principles which regulate the conduct of states and other entities which share the international personality.

The Concept of International Law

Confusing terms about it: If we want to get a deeper understanding of the concept of international law, we must distinguish it from the relevant terms “private international law” and “international economic law”.

Social background for international law: the existence of the international community; members of the community with sovereignty; international politics and international law; the change of international society and the evelopment

of international law.

The development of international law

International law as a system is of recent origin. The rules of war and those on diplomatic immunity were the earliest expression of international law. The principle of the freedom of the seas was articulated.

International law used to be rooted in western European traditions and values .

Universal war has brought devastation twice .

The development of international law

The “new” countries make International law no longer the preserve of some 50 states. The European bias of international law has been destroyed.

The proliferation of international organization and its effects on international law

Modern technology has not only brought states into more frequent contact with each other, but has created new areas for international regulation.

Recent development

International law has expanded both in terms of its subjects and its content (the subject matter ).

The appearance of new general principles guiding the international relations.

The expansion of the object of the law New branches of international law

Nature and characteristics of int’ law

From the international practice, it is sufficient to say here that international law is law, but it is a weak law.

International law is not imposed on states, there is no international legislature.

The absence of a strong enforcement machinery is also highlighted by skeptics as a weakness of international law.

Nature and characteristics of int’ law

The principal participants of the international legal system, states, are all treated as equally sovereign. So it is concerned with promoting international co-operation and developing co-existence among states.

The international community is composed not of a homogeneous grouping of states. International law must be conciliatory rather adversary. International law is law of peace instead of law of confrontation.