the natureof international law- oo cities（国际法- oo的城市）.docVIP

The Nature of International Law What is it? Is it law? Is it a legal system? Does it create binding obligations? Why do countries comply? What is its significance? Definition It is a system of principles and rules designed to govern relations between sovereign states (and other international persons). Public v. Private International Law Private international law does not necessarily involve governments and states. E.g. situations involving elements within Ontario. Also contracts between two countries. Public international law involves relations between/among governments and states. There is often overlap between public and private e.g. international trade, public agreements such as NAFTA which impact private international law. Is this body of rule really law? Components of a Legal System Enforcement Promulgated by legislature (which has been elected, is in control, has authority and popular recognition) – this is the way in which rules are made Body of rules that purport to govern behaviour (Primary rules) Courts also general rules, apply and interpret legislation Secondary rules – rules about rules. How to identify/create primary rules, rules of enforcement of primary rules Legitimacy Law is determined by a claim to legitimacy. If it is imposed arbitrarily by a dictator, it is not law. But if there were a moral theory behind it, we are more apt to call it law. A rule is legitimate if it is “naturally appropriate” (Natural Law – self-evident by exercise of reason). Alternatively, a rule is only legitimate if it is generally accepted by popular consent (positivism). Or rules are legitimate because they are necessary for common survival. History International law has always been Eurocentric and influenced by Western thought and history. Its originates after the breakup of the Holy Roman Empire in the 1500s. The Treaty of Westphalia in 1648 created a system of separate states. In order to survive individually, states had to devise ways to liv