International legal system
Encyclopedia
The international legal system is the foundation for the conduct of international relations
. It is this system that regulates state actions under international law
. The principal subjects of international law are states, rather than individuals as they are under municipal law
. The International Court of Justice
acknowledged in the Reparation for Injuries case that types of international legal personality
other than statehood could exist and that the past half century has seen a significant expansion of the subjects of international law. Apart from states, international legal personality is also possessed by international organisations
and, in some circumstance, human beings. In addition, non-governmental organisations
and national liberation movements
have also been said to possess international legal personality.
Since 1945 the international legal system has been dominated by the United Nations
and the structures that were established as part of that organisation. While the UN has been the object of significant criticism, it has nevertheless played a pivotal role both in the progressive development and codification of international law.
The General Assembly
of the UN has sponsored and promoted some of the most important developments of the last fifty years through the adoption of multilateral treaties and instruments. The Convention on the Law of the Sea
1982 and the Vienna Convention on the Law of Treaties
1969 are two of the most prominent examples.
A significant role in the legal work of the UN is played by the Sixth Committee (Legal), one of the six committees of the General Assembly. The Committee deals with international law under Article 13(1)(a) of the Charter, which authorises the General Assembly to initiate studies and make recommendations to encourage the progressive development and codification of international law.
2004) ISBN 90-6704-183-1
International relations
International relations is the study of relationships between countries, including the roles of states, inter-governmental organizations , international nongovernmental organizations , non-governmental organizations and multinational corporations...
. It is this system that regulates state actions under international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. The principal subjects of international law are states, rather than individuals as they are under municipal law
Municipal law
Municipal law is the national, domestic, or internal law of a sovereign state defined in opposition to international law. Municipal law includes not only law at the national level, but law at the state, provincial, territorial, regional or local levels...
. The International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
acknowledged in the Reparation for Injuries case that types of international legal personality
Legal personality
Legal personality is the characteristic of a non-human entity regarded by law to have the status of a person....
other than statehood could exist and that the past half century has seen a significant expansion of the subjects of international law. Apart from states, international legal personality is also possessed by international organisations
International organization
An intergovernmental organization, sometimes rendered as an international governmental organization and both abbreviated as IGO, is an organization composed primarily of sovereign states , or of other intergovernmental organizations...
and, in some circumstance, human beings. In addition, non-governmental organisations
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
and national liberation movements
Anti-imperialism
Anti-imperialism, strictly speaking, is a term that may be applied to a movement opposed to any form of colonialism or imperialism. Anti-imperialism includes opposition to wars of conquest, particularly of non-contiguous territory or people with a different language or culture; it also includes...
have also been said to possess international legal personality.
Since 1945 the international legal system has been dominated by the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
and the structures that were established as part of that organisation. While the UN has been the object of significant criticism, it has nevertheless played a pivotal role both in the progressive development and codification of international law.
The General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
of the UN has sponsored and promoted some of the most important developments of the last fifty years through the adoption of multilateral treaties and instruments. The Convention on the Law of the Sea
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
1982 and the Vienna Convention on the Law of Treaties
Vienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 111 states as of November...
1969 are two of the most prominent examples.
A significant role in the legal work of the UN is played by the Sixth Committee (Legal), one of the six committees of the General Assembly. The Committee deals with international law under Article 13(1)(a) of the Charter, which authorises the General Assembly to initiate studies and make recommendations to encourage the progressive development and codification of international law.
Further reading
Janne Elisabeth Nijman, The Concept of International Legal Personality: An Inquiry into the History and Theory of International Law (Asser Press, The Hague, NetherlandsThe Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
2004) ISBN 90-6704-183-1