International Law

I37020 Qin Ge

Is international law important?

Power

"Servant"Law=

Interests

Content

1. What is Law

2. Why does law be created

3. The history of law

4. Law’s characteristics

5. The change of law

6. Laws of war

7. Theoretical approaches

What is Law

a core international institution

a set of norm, rules, and practices created by states and other actors to facilitate diverse social goals

from order and coexistence to justice and human development

Why does law be created?

Struggle for power

War

Order

Institution

01

02

03

04

Institution

complexes of norms,

rules, and practices

Organization

Institution & Organization

physical entities thathave staff, head offices,and letterheads.

3 levels of institutions

Constitutional Sovereignty

Fundamental

Issue-specific

International law multilateralism

NPT

History of law

History Roots

Liberalism & Nationalism

Command of God

Monarchies

Transformation

The contemporary international legal system ---historical artefact

1 2

43

Multilateral Legislation

Language and practice of justification

The discourse of institutional autonomy

Consent and Legal Obligation

4 Distinctive Features

Features

Concern with the regulation of inter-state relation3 States is the only actors empowered to formulate, enact and enforce2

States were the primary subject 1

The scope was confined4

4 Characteristics of international law

No longer confined to maintaining international order

Increasingly concerned with global

Non-state actors are becoming important agents

Individuals, groups, and organiations are

increasingly becoming recognized subjects

01

02

03

04

The Change of Law

International law

The Laws of War

Jus ad bellum

Jus inbello

Just cause: waging war was justified, morally as well as legally when states facing unwarranted attack

War was justified if it served a state's vital national interests which states itself had the sole right to define.

a gradual expansion of the scope of international legal constrains on permissible conduct in war

Realism

Theoretica

l approach

es

1

Neo-liberal institutionalism2

Constructivism3

The new liberalism4

Critical legal studies5

The practice turn6

Theoretical approaches to international law

Questions

Can international order be achieved with in

ternational law? What else is needed?

Could you think of some cases which violate

international law in recently 20 years?

Among the most prominent theoretical pers

pectives on international law, which one do

you agree?

Thanks for your attention

The law underpins all three pillars of the United Nations: peace and secur

ity, development and human rights. everything that the UN does is firmly

grounded in law. Let us continue using the power of the law to fight the

monstrous and to uphold the selfless and the glorious in everything we do.

——Ban Ki-Moon

Internatinoal law