1. The Nature of the International Legal System

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
International Law ◽  
Legal System ◽  
International Community ◽  
Legal Rules ◽  
System P ◽  
Cultural Processes ◽  
International Legal System ◽  
Political Economic

International law is a description of an entire legal system: the international legal system. It is an international legal system by which legal rules are created in order to structure and organise societies and relationships. It acknowledges the influence of political, economic, social and cultural processes upon the development of legal rules. This chapter discusses the relevance of international law; the international community and international law; theories of international law; and the practice of international law.

1. Foundations and structure of international law

2019 ◽  
pp. 1-20
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

1. Foundations and structure of international law

2021 ◽  
pp. 1-19
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

1. Foundations and structure of international law

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

1. The nature of international law and the international legal system

2019 ◽  
pp. 1-15
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
Legal System ◽  
Vertical Structure ◽  
Legal Order ◽  
Sovereign Equality ◽  
System P ◽  
International Legal System ◽  
International Adjudication ◽  
Peremptory Norms ◽  
Law Making

This chapter briefly discusses the nature of the international legal system. The premise is that the structure of the international legal system is fundamentally different from that of national legal order: contrary to the vertical structure encountered in domestic settings, in international law the structure is horizontal. States enjoy sovereign equality, while both international law-making and international adjudication are based on the consent of the States. There are various theories that have attempted to describe the nature of the international law, including naturalism, positivism, formalism, and realism. Also significant is the existence of a certain hierarchy in the international legal system, in the sense that there are some peremptory norms of international law, such as the prohibition of torture and genocide, to which there is no derogation.

9. The Individual and the International Legal System

2018 ◽  
Author(s):  
Robert McCorquodale
Keyword(s):  
International Law ◽  
Legal System ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
System P ◽  
International Economic Law ◽  
Wide Range ◽  
International Legal System ◽  
The Individual ◽  
Degree Of Participation

This chapter examines the role of the individual in the international legal system. It considers the direct rights and responsibilities of individuals under the international legal system; their capacity to bring international claims; and their ability to participate in the creation, development, and enforcement of international law. Particular examples from a wide range of areas of international law, including international human rights law, international criminal law, and international economic law, are used to illustrate the conceptual and practical participation of individuals in the international legal system. It is argued that individuals are participants in that system, and are not solely objects that are subject to States’ consent, though their degree of participation varies depending on the changing nature of the international legal system.

1. The nature of international law and the international legal system

2017 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
Legal System ◽  
Vertical Structure ◽  
Legal Order ◽  
Sovereign Equality ◽  
System P ◽  
International Legal System ◽  
International Adjudication ◽  
Peremptory Norms ◽  
Law Making

This chapter briefly discusses the nature of the international legal system. The premise is that the structure of the international legal system is fundamentally different from that of national legal order: contrary to the vertical structure encountered in domestic settings, in international law the structure is horizontal. States enjoy sovereign equality, while both international law-making and international adjudication are based on the consent of the States. There are various theories that have attempted to describe the nature of the international law, including naturalism, positivism, formalism, and realism. Significant is also the existence of a certain hierarchy in the international legal system, in the sense that there are some peremptory norms of international law, such as the prohibition of torture and genocide, to which there is no derogation.

scholarly journals Remarks by Holger Hestermeyer

2018 ◽  
Vol 112 ◽  
pp. 238-239
Author(s):  
Holger Hestermeyer
Keyword(s):  
World Trade Organization ◽  
International Law ◽  
Legal System ◽  
World Trade ◽  
Dispute Settlement ◽  
International Community ◽  
Legal Rules ◽  
Wto Dispute Settlement ◽  
Judicial Economy ◽  
Over Time

This question is inextricably connected with the first one. The more you think a judge's or arbitrator's task consists in merely resolving a dispute, the more you will insist on judicial economy. The more you regard a judge as an instrument of the international community in developing international law or elucidating its concepts, the more you will favor her or his straying from what is strictly necessary to resolve the dispute. To some extent, the international judiciary serves both of these functions, which was made explicit with regard to World Trade Organization (WTO) dispute settlement in Article 3.2 of the Dispute Settlement Understanding. It obviously resolves disputes with an important role for judicial economy. But it also elucidates the concepts of international law. That function of adjudication gains some importance in international law, because it is a legal system without legislature, where pressures on legal rules can build over time and only the adjudicator can ensure that the system remains operable in a changing world, straying from the path of judicial economy.

4. The actors in the international legal system

2021 ◽  
pp. 57-79
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
International Society ◽  
International Organizations ◽  
Legal System ◽  
Legal Personality ◽  
System P ◽  
New States ◽  
International Legal System ◽  
State Succession ◽  
The Creation

International society is first and foremost a society of individual sovereign states. However, states are by no means the only relevant actors in international law. In fact, one of the consequences of the post-1945 expansion of international law into areas that had traditionally been of limited international interest has been the increasing legal importance of a variety of non-state actors, most notably international organizations and individuals. This chapter introduces the various actors in the international legal system that possess rights, powers and obligations in international law. It provides a thorough presentation of statehood and the criteria for the creation of new states, and briefly discusses the (limited) legal significance of recognition. It discusses the modes by which a state can acquire title to new territory; the issues of state succession and state extinction; and the legal personality of territorial entities other than states, international organizations, individuals and additional actors in the international legal system.

Islamic Self-Determination and the International Legal System

The Hijaz ◽  
2018 ◽  
pp. 131-154
Author(s):  
Malik R. Dahlan
Keyword(s):  
International Law ◽  
Legal System ◽  
League Of Nations ◽  
Self Determination ◽  
Nation State ◽  
Islamic State ◽  
System P ◽  
Independent Unit ◽  
International Legal System ◽  
Mandate System

Chapter 5 expands on the notion of self-determination, beyond the traditional nation-state, into the Islamic context. This is done by explaining (i) the pan-Islamic rise in reaction to the new international legal system (ii) the rejection of the colonial mandate system, which jeopardized the existence of The Hijaz as an independent unit of international law; and (iii) covering details of the Fall of the Caliphate and the Islamic diplomatic efforts for its preservation. The discussion in this part of the book highlights what was the original Islamic state as opposed to the states that were League of Nations additions including Iraq, Jordan, Syria and Palestine.

scholarly journals The International Law of Co-Progressiveness as a Response to the Problems Associated with “Relative Normativity”

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 97-102
Author(s):  
Sienho Yee
Keyword(s):  
International Law ◽  
Legal System ◽  
International Community ◽  
Direct Response ◽  
International Legal System

Prosper Weil misfired his volleys by targeting his protestations at relative normativity in international law. In itself, relative normativity is unavoidable and beneficial. The enduring value of his celebrated 1983 article “Towards Relative Normativity in International Law?” lies in identifying the various problems that he associated with relative normativity. These problems deserve serious attention and conscientious responses in order to assure the health of the international legal system as well as the international community. The idea of an international law of co-progressiveness that I have developed, though not intended as a direct response to these problems, does come with a toolkit full of responses that would go a long way to solving those problems or at least reducing them to a minimum.

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