International Law for International Relations

7/31/2019 International Law for International Relations

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* Adapted from Mingst, Karen, Essentials of International Relations,New York: W. W. Norton and Company, 2004.


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* Adapted from Mingst, Karen, Essentials of International Relations,New York: W. W. Norton and Company, 2004.


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It is the study of the interactions among thevarious actors that participate in internationalpolitics.

These can include states, internationalorganizations (IOs), nongovernmentalorganizations (NGOs), sub-national entities,local governments, and individuals. Examples:

China, France, the G-8, Al-Qaeda, the Red Cross, the World TradeOrganization (WTO), Vladimir Putin


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Examine the relationshipsbetween the individual and society individuals insociety two or more societies

What kinds of relationshipsare these? (descriptive

theories) What oughtthey to be?

(normative theories)


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History It is difficult to understand terrorism, conflict, andnation

-building in Israel and the Palestinian territories todaywithout looking say 200 or even 2,000 years into the past.

EconomicsA strong measure of a states power is its

economic productive capacity. Psychology Studying the decision-making process and the

behavior of politicians or voters leads us to betterunderstand how foreign policy is formulated.

Political Science To understand the institutions and

mechanisms for sharing, transferring and seizing powerallow us to grasp the structures that shape political life.

The Natural Sciences Weapons of Mass Destruction(WMDs), HIV/AIDS, Climate Change are all issues with aglobal reach.


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The textbook definition that international law is the law that

regulates relations between states gives us two important aspects of

a definition of international law, namely that it is concerned with

interstate regulation and that international law is different from

other types of law.

Regulationis an important general characteristic of all law. Law is

prescriptive and it commands how all people ought to actin their

relations with others. It also enables us to predict how actors maybehave towards us.

NOTE: However, this definition is misleading in so far as international

law can regulate other forms of relationships that states agree to

regulate.


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International law is different from other law such as domesticlaw and conflict of laws (or private international law). The formerregulates relationships between natural and legal personswithin a single country and the law that is applied is determined

by the legislation of that country. The latter regulatesrelationships between natural and legal persons that happen tobe in more than one country, such as relationships betweencompanies in two different countries or between parents from

two different countries over the custody of children.


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In such cases, courts have to decide the law of whichcountry should be applied. It is for this reason thatinternational law is sometimes also calledpublic

international law.

This is to emphasize that its focus is interstate relationsand not relations between private entities anddomestic laws of any country cannot tell us whatinternational laws are.

Private entities, such as companies or individuals,however, can be subjects of international law.


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For example, internationalaviation is governed byinternational law because there

are international treatiesbetween states about it.Similarly, individuals can beprosecuted under internationalcriminal law or claim rightsagainst states under internationalhuman rights law because thereare interstate treaties that makethese possible.


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International law, therefore, regulates more than justinterstate relations. It also regulates other forms ofrelationships that states agree to regulateinternationally.

International law regulates the conduct of actors thatmake up contemporary international society.

International society is primarily made up of states. Itis also made up of international organizations andnon- state actorssuch as armed groups or businessenterprises and individualsbut only in so far as theirstatus, powers, and responsibilities are recognized by

states through international law.


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An essential element of the definition of international law,therefore, is not its subject matter or the type of entities itregulates, but that it is law that is made by states collectively.

No single state acting unilaterally can make international law;neither can a collection of corporations or individuals.

In other words, the authority to make international law restswith states acting together. International organizations,individuals, and corporations can all become subjects ofinternational law and have limited powers and internationalpersonality recognized under international law.

They can also help clarify what international law is byinterpreting it or they can appear in international courts. Butthey cannot make international law.

This means that there are no predetermined limits as to what

areas international law does or should regulate. This can onlybe determined through collective agreement amongst states.


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International relations is interestedin much broader phenomena thanjust the legal regulation ofinternational affairs.

International relations is interestedin understanding how and whystates and other actors on theinternational plane behave in the

ways that they do, the nature of theinternational system, and the roleof international actors, processesand discourses


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International relations is moreinterested in what does in facthappen under certain conditions

and how we can explaininteractions and behavior ininternational relations.

Some international scholars mayalso propose how internationalrelations should be conductedand what internationalinstitutions we should have.


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Given this difference in focus in approaching international affairs,three preliminary questions are helpful to think about therelationship between international law and international relations.

These are:

1. Are international relations and international law two separatedisciplines or are they different approaches within a singlediscipline?

2. How does the knowledge produced in international relations andinternational law overlap, conflict, and co-depend?

3. At what point and in what way does international law enter intointernational relations research?


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These guide questions areall about internationalphenomena.

They focus on thesignificance, the role, theadded value, and the futureof international

organizations, internationalcooperation andinternational regulation ininternational relations.


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In conclusion, it is possible to offer a qualifiedanswer to the question of whether international lawand international relations are two separate

disciplines. Easy or simplistic answers will not do. The answer

has more to do with identifying shared attitudes tointernational affairs in each discipline.


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1. International relations and international law areconcerned with the same kind of phenomena:relationships, processes, institutions, events that take

place in the international sphere.

2. Whether they are two separate disciplines or not issensitive to the different approaches and methodologiesthat are hosted in these disciplines.

3. The two are not necessarily in fundamental conflictwith each other in terms of positions they hold aboutinternational affairs. They may or may not be in conflict.


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4. They are dependent on each other given thatunderstanding or explaining international affairs maytake its cue from the very regulation of these affairs andvice versa.

5. If there is an overlap in the approaches andmethodologies, it is not possible to differentiatebetween the two.

6. The relationship between international relations andinternational law is generally understood in terms of thepositions of the most dominant approach in bothdisciplines. This does not mean, however, that there is

only one way of conceiving the relationship.


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Although international relations andinternational law appear to be separatedisciplines, their degree of separation very much

depends on how participants in these disciplinesdefine their research interests and concerns.

International law can be studied from any of theperspectives within international relations anddifferent theoretical frameworks will assigndifferent kinds of significance to internationallaw.


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A sound way of understanding howinternational relations andinternational law contribute to eachother is to become aware of the type

of knowledge provided in thesedisciplines.

International law makes a unique

contribution to our understanding ofday-to- day international affairs byoffering standards of conduct toevaluate the behavior ofinternational actors.


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Studying international law is animportant way to grasp the factsof international life, as well asthe values underpinning it. More

importantly, studyinginternational law requiresdisciplinary awareness for astudent of internationalrelations.

A systematic study ofinternational law is a way tobecome a better student ofinternational relations.

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International Law for International Relations