In This Article International Law

  • Introduction
  • Textbooks
  • Journals
  • Jurisdiction

Political Science International Law
by
MJ Peterson
  • LAST REVIEWED: 04 May 2015
  • LAST MODIFIED: 27 November 2013
  • DOI: 10.1093/obo/9780199756223-0076

Introduction

International law can be defined as the substantive norms and rules and related procedural codes that govern relations among states, and the conduct of transactions and relationships across national borders. It is one of the fundamental institutions of the international system, simultaneously reaffirming the organization of the world into autonomous states and providing their governments and other international actors with a set of publicly expressed common standards of conduct and procedures, organizing the provision of governance for an increasingly interconnected world. Initially addressing only relations among sovereign (independent) states, its reach expanded during the period 1860–2000 to include interactions of states with intergovernmental organizations and humans (as peoples, ethnic, racial, religious, or indigenous groups, or as individuals) and state regulation of human conduct within the natural environment. Two broad debates in legal philosophy—one focused on whether the term “law” should be defined as a body or rules or as the set of interactions through which they are made, amended, and applied; and the other on whether “law” denotes commands backed by centralized force or social norms treated as obligatory for all members of a society—continue to influence how scholars approach international law, as will be elaborated later sections. Given the continuing decentralization of global-level governance, it appears more useful to use the term “international law” to denote a body of rules, procedures, and related doctrines for interpreting them, and the term “international legal system” to denote two sets of related activity, the highly political processes of making, amending, and occasionally discarding rules, and the more rule-bound processes of applying the existing rules to behavior and using them to resolve particular disputes. Though the political and the legal sometimes intertwine, distinguishing between the two helps make sense of the expansion of the rules to cover more issue areas and the expansion of rule-making to include not only the non-Western states returning to independence after European colonial domination but a host of nonstate actors and an increasing array of technical experts in various fields. Thus the study of international law today involves three distinct activities: 1) understanding international law as a distinct legal system; 2) understanding the potentials and limits of using it as a technique for organizing and conducting governance; and 3) drawing on it as an intellectual resource for advancing political, economic, social, and moral goals, since any act of rule creation reinforces some possible courses of action while discouraging others.

Textbooks

Law schools introduce students to international law through textbooks (sometimes called “treatises”), which offer general definitions and histories of international law, summarize the body of current rules, and outline the processes of law-making and law-application—or through casebooks, which offer notes and brief commentaries guiding readers through excerpts of treaties, international or national court decisions, significant government statements, and resolutions of major intergovernmental organizations. Casebooks are more prevalent in the common law countries (United States, United Kingdom, the Commonwealth) than in other parts of the world. Though the casebooks provide clear connecting threads and an appreciation of the variety of legally relevant documentation, this bibliography emphasizes textbooks because those beginning the study of international law outside a law school, using the case study approach to instruction, will find them easier to understand. Brownlie 2008 and Shaw 2008 provide overviews based mainly on British and Commonwealth practice. Cassese 2005 and Dupuy and Kerbrat 2012 reflect Western European traditions, while Murphy 2012 reflects a US perspective. No textbook can be comprehensive in coverage, and the better authors admit this clearly in providing citations to more specialized studies and Internet resources as well as to the particular judicial decisions or government statements they discuss.

  • Brownlie, Ian. Principles of Public International Law. 7th ed. Oxford: Oxford University Press, 2008.

    E-mail Citation »

    Strongest on legal persons, jurisdiction, rights and responsibilities of states, and on relation of international and national law; provides little coverage of international environmental and international economic law. Particular emphasis on British and Commonwealth practice.

  • Cassese, Antonio. International Law. 2d ed. Oxford: Oxford University Press, 2005.

    E-mail Citation »

    Strongest on international legal personality, processes of making and applying international law, consequences of violating international law, international criminal law. Briefer sections on contemporary issues address human rights, resort to and use of armed force, environmental issues, and the situation of developing countries. Also see supplementary website.

  • Dupuy, Pierre-Marie, and Yann Kerbrat. Droit International Public. 11th ed. Paris: Dalloz, 2012.

    E-mail Citation »

    The leading French textbook, continuing the strong focus on processes of making and applying international law.

  • Murphy, Sean D. Principles of International Law. 2d ed. Minneapolis, MN: West Publishing, 2012.

    E-mail Citation »

    Strongest on the relation of international and national law, and on the processes of making and applying law. Provides extended discussion of US practice for incorporating international law in national law and is particularly helpful for understanding the complex legal and political roots of the United States’ state practice.

  • Shaw, Malcolm N. International Law. 6th ed. Cambridge, UK: Cambridge University Press, 2008.

    DOI: 10.1017/CBO9780511841637E-mail Citation »

    Strongest on legal persons, dispute settlement processes, jurisdiction, rights and responsibilities of states; human rights and international criminal law, relation of international and national law; provides little coverage of international economic law. Most examples are from British, Commonwealth, and US practice.

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