What is law?
In general, law is a set of rules created by state institutions acting under the authority of the state. The laws contain sanctions recognized by the state and enforced by state-authorized bodies.
This means that the purpose of the law is to govern human behaves in society and sanction any violation of human rights. To ensure law enforcement and strengthen the rule of law, local authorities and governments are establishing the principles and rules (i.e. the legislative framework) and make them applicable to people under their jurisdiction.
The purposes of law in society and how does it affect political, economic, and social life?
Justice in the world couldn’t be achieved without the effective implementation of law principles. But how does law affect our everyday life? It plays an essential role in the process of protecting our human rights and fundamental freedoms. It allows us to live in a society where we are consequently subject to the rules which regulate relations not only between humans but between humans and objects. We are daily exposed to various life situations which are somehow regulated by the law. For example, signing employment contracts obliges us to act in accordance with labor law.
In light of the above, there are different branches/fields of law in communities. It is worth mentioning just some of them: contract law (regulates agreements to exchange goods, services, or anything else of value); property law (helps us handle real estate matters such as lands and buildings or personal property such as clothes, books, etc...; civil law (deals with disputes between individuals).
What is international law?
There are many definitions and theories about international law, and according to one of those definitions, international law is a system of treaties and agreements between nations that governs how nations interact with other nations, citizens of other nations, and businesses of other nations. In terms of types of international law, it can be divided into two significant categories: private and public international law.
“Private international law” deals with controversies between private entities, such as people or corporations, which have a significant relationship to more than one nation. For example, lawsuits arising from the toxic gas leak in Bhopal, India from industrial plants owned by Union Carbide, a U.S. corporation would be considered a matter of private international law.
On the other hand, international law is nothing but a set of rules governing and concerning the mutual relations between countries. Nations accept those rules as legally binding and as such, they are applicable to all countries regardless of state borders. There are some major substantive fields of international law, such as the following:
- International economic law (the body of law concerned with rights and obligations of sovereign states in international economic relations)
- International security law (set of rules aims to ensure effective operational cooperation between states in terms of maintaining international security, justice, and peace on a global basis
- International criminal law (the area of law that deals with prosecution and punishment of perpetrators, individuals responsible for grave violations of human rights, relating specifically to the commission of war crimes, genocide, crimes against humanity, and the crime of aggression)
- International environmental law (the field of international law regulating the behavior of states and international organizations relating to the environment)
- Diplomatic law (the area of international law concerning diplomatic privileges and immunities, permanent or temporary diplomatic missions, and the rights and obligations of the state representatives while operating on the territory of other states)
- International humanitarian law, A.K.A. law of war (set of rules that seek to regulate armed conflicts between states, as well as between states and individuals or informal groups)
- International human rights law (the body of international law aimed to promote and ensure the protection and respect of human rights that are inherent to every human being)
The sources of international law
The main sources of international law are treaty law, international customary law, and general principles of law recognized by civilized nations.
Examples of these general principles of law are laches, good faith, res judicata, and the impartiality of judges. International tribunals rely on these principles when they cannot find authority in other sources of international law.
Treaties and conventions
Treaties and conventions, as primary and important sources of international law, are considered written agreements that are formally and willingly signed and ratified between states in written form. Given the fact that treaties and conventions are governed by international law, signing and ratifying them means that states are obliged and required to follow and comply with their provisions. The basis of treaty law is ‘pacta sunt servanda’, which means that agreements must be honored and adhered to.
Customary International Law
As the second important source of international law, customary international law is defined as a set of rules derived from a consistent and general practice considered to be obligatory rules of conduct by local communities and accepted as law. Unlike treaty law, which is only applicable to those states that are parties to the particular agreement, customary law is binding upon all states, regardless of whether they have ratified a treaty. Another difference between treaties and international customary law reflects the fact that customary international law consists of some repeated actions or behavior from communities, it is not codified accurately in a clear and accessible form, rules and standards are generally less specific compared to treaties.
There are two criteria that must be fulfilled to identify a rule as part of customary international law: state practice (usus) and legal nature of that practice (Opinio Juris). As stated above, state practice is a result of repeated customs and behavior of states, manifested through their official statements and actions. The legal nature of that practice (Opinio Juris) is expressed belief and view of states that their actions are legally acceptable and complied with a rule of law.
The importance and role of international law in terms of protecting human rights
First of all, international law has its main purpose and role to promote justice, prosperity, and peace all around the world. It is the most powerful weapon to prevent armed conflicts between countries and help them strengthen their mutual relations. Due to the fact that the majority of countries conclude bilateral or multilateral agreements and special treaties between themselves, International law is a path to governing the relationship between countries worldwide. Furthermore, international law is a crucial way to ensure the prosecution of war crimes and gravest breaches of international humanitarian law.
When it comes to the relationship between international law and human rights, the role of international law in protecting human rights was strengthened when the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) on 10 December 1948.
Drafted as ‘a common standard of achievement for all peoples and nations’, the Declaration for the first time in human history spell out basic civil, political, economic, social, and cultural rights that all human beings should enjoy. It has over time been widely accepted as the fundamental norms of human rights that everyone should respect and protect.
In the context of origins, evolution, and emergence of international law, it should be pointed out that international law has its roots in the United Nations Charter, signed in 1945 after the terrible Second World War. But how important is the contribution of the United Nations Charter to strengthening international peace and security, as well as promotion and protection of human rights? It is clearly stated in its Preamble:
We the peoples of the united nations determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom,
And for these ends to practice tolerance and live together in peace with one another as good neighbors, and to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and to employ international machinery for the promotion of the economic and social advancement of all peoples
In the light of the foregoing, the establishment of the rule of law at the national and international levels is required to ensure respect for human rights. International human rights law lays down obligations, which States are bound to respect. By signing and ratifying international treaties, states accept and undertake their responsibilities, obligations, and duties, as set out under international law, to respect, protect, and fulfill human rights. Therefore, the obligation to respect implies that States must refrain from interfering with or curtailing the enjoyment of human rights. In this regard, States are obliged to protect individuals and groups against human rights violations, and hence, take positive measures to facilitate the enjoyment of fundamental human rights and freedoms.
Ratification of international human rights treaties imposes the obligation on Governments to undertake necessary actions aimed to align domestic legislation with their treaty obligations and duties. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual complaints or communications are available at the regional and international levels to help ensure that international human rights standards are indeed respected, implemented, and enforced at the local level.
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