Page 188 - Encyclopedia Of World History Vol III

international law 1007

Further Reading powerful, the stronger nations do not always agree that
Broomhall, B. (2003). International justice and the International Crimi- such a structure is beneficial. The foundations of inter-
nal Court: Between sovereignty and the role of law. New York: Oxford national law have always been reciprocity and enlight-
University Press.
Elsea, J. (2003). International Criminal Court: Overview and selected legal ened self-interest.
issues. New York: Novinka Books.
McGoldrick, D., Rowe, P., & Donnelly, E. (Eds.). (2004). The permanent
International Criminal Court: Legal and policy issues. Portland, OR: The Sources of
Hart Publishing. International Law
The primary sources of international law are treaties—
bilateral and multilateral—and “customary international
International Law law,” which emerges from the actual practices of states

and is undertaken with an understanding that these
nternational law has been evolving for centuries to practices are required by law (opinio juris sive necessi-
Iprovide a framework for international and transna- tatis). The “practices” of states are usually found in
tional activities. Like other areas of the law, its purpose actions taken by a country, but they can sometimes be
is to allow participants to deal with each other with discovered in the statements their diplomats or leaders
some level of predictability and thus to reduce misun- issue or in their votes at international organizations or
derstandings and to avoid conflicts and confrontations. diplomatic conferences.To become “custom,” a practice
But international law is a more primitive system of law must have the widespread (but not necessarily univer-
than the domestic legal systems found in advanced sal) support of countries concerned with the issue and
nations. It does not have a legislative body with the must usually have continued for a period of time long
capacity to enact laws binding on all nations, an execu- enough to signify understanding and acquiescence.
tive branch or a military or police force that can enforce Occasionally a regional custom can emerge, if the coun-
the laws that do exist, or judicial tribunals that have tries of a certain part of the world order their affairs in
broad jurisdiction or the power to issue binding and en- a certain manner.
forceable decrees in many circumstances.Although early In recent years, it has become accepted that some
versions of such bodies can be found in the United Na- principles of customary international law are so impor-
tions and in emerging regional organizations, the process tant that they are called “peremptory norms” or “jus
of constructing institutions that enjoy widespread sup- cogens” (commanding law) and that no country is per-
port and can meet the challenges presented by a deeply mitted to depart from these principles. Among these
divided world is just beginning. norms are the prohibitions on aggression, genocide,
Some have argued that because international law can- crimes against humanity, slavery, extrajudicial murder,
not be enforced by a superior body it is not law at all. prolonged arbitrary detention, torture, and racial
But most commentators contend that because most discrimination.
countries follow international law most of the time, and Although most historical summaries of the develop-
because those countries that violate its norms do fre- ment of international law focus on its growth in Europe
quently suffer consequences, it should be viewed as a sys- and the West, the reality is more complex. Practices gov-
tem of law. erning interactions among nations and peoples also de-
International law is less developed than other systems veloped in Asia and elsewhere, and these norms have
of law because the larger and more powerful nations do been merging with those that came to be accepted in the
not always accept that it is in their interest to subordinate West. The growing recognition that groups, as well as
their self-interest to an international or multinational individuals, have human rights protected under interna-
goal. Although smaller nations will see the benefit of an tional law is an example of a non-Western contribution
international structure that protects the weak against the to international law.