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International Law: How States Make and Keep Rules

International law is the set of rules that states (and international organisations) accept as binding in their dealings with each other. There is no world parliament or world police, so states make the rules themselves, mainly through treaties and custom, plus general principles of law; court decisions and expert writings help to find the rules. It grew from the idea of equal sovereign states (1648) to the United Nations (1945) and human-rights law (1948 onwards). The UN and its International Court of Justice help keep peace and settle disputes. States settle disputes by negotiation, mediation, arbitration or courts. Each country decides how treaties enter its own (municipal) law: monist states apply them directly; dualist states, like India and the UK, need an act of parliament.

🎬 Step-by-step story

  1. Inside a country, parliament makes laws for everyone. But between countries there is no world parliament. Every state is equal. So how can there be rules?
  2. The rules grew over 400 years. First came equal states. Then rules for war. Then the League of Nations. Then the United Nations in 1945 and human rights in 1948.
  3. States make the rules themselves. They sign treaties. They follow customs. They use general principles of fairness. Courts and experts help explain the rules.
  4. The United Nations brings almost all states together. Its court settles disputes between states. Human-rights treaties protect every person.
  5. When states disagree, they climb a ladder: talk, then a helper, then chosen judges, then a court. Each step is more formal.
  6. Free play: tap a situation. See which rule or body of international law handles it.

Tip: drag the 3D scene to turn it. Use two fingers to zoom.

🤔 Common doubts, cleared

If no one is above states, who makes international law?

The states themselves, by signing treaties and following customs. That is why the pillars are equal and nothing sits above them.

Is a UN General Assembly resolution a law?

Usually not binding. It can show what states believe and help a custom form. Security Council decisions on peace can be binding.

How is custom different from a treaty?

A treaty is written and binds those who sign. Custom is unwritten practice that states follow because they feel legally bound, and it binds almost all states.

Can a person go to the International Court of Justice?

No, only states. Individuals can use human-rights bodies, regional human-rights courts or national courts.

Why not go straight to court in a dispute?

A court needs both states to accept it, and it is slow and formal. Talking or mediation is quicker and keeps good relations.

Does a treaty signed by India automatically change Indian law?

Usually Parliament must pass a law first, because India follows a mainly dualist approach.

What is international law?

International law (also called public international law or the law of nations) is the set of rules that states accept as binding on each other. It also covers international organisations such as the UN, and, more and more, the rights and duties of individuals.

It is different from national (municipal) law, which a country's own parliament makes for people inside it.

Regional law can go further. In a regional union of states (for example the European Union), common institutions make rules that apply directly inside member countries and take priority over national law in those areas.

A short history

Sources of international law

The statute of the International Court of Justice (Article 38) lists the sources the court uses:

  1. Treaties (conventions, charters, agreements): written promises between states. They bind only the states that agree to them. Steps: negotiate → sign → ratify (formal approval at home) → enter into force. The key rule is pacta sunt servanda: agreements must be kept.
  2. Customary international law: rules shown by (a) general and consistent state practice and (b) opinio juris, the belief that the practice is legally required. Custom binds almost all states, even without a treaty. Example: diplomatic immunity.
  3. General principles of law found in most legal systems, such as good faith, fairness and that whoever causes harm must repair it.
  4. Helpers (subsidiary means): judicial decisions and the writings of leading experts, used to find and explain the rules.

Some rules are so basic that no state may break them by treaty. They are called jus cogens (for example the bans on genocide, slavery and torture). UN General Assembly resolutions are usually not binding, but they can show or help create custom.

The UN, the International Court and human rights

The United Nations (1945, 193 member states) aims to keep peace, develop friendly relations and protect human rights.

International human rights law protects every person from abuse by states: the Universal Declaration (1948), and binding treaties such as the two Covenants of 1966 on civil and political rights and on economic, social and cultural rights, and conventions on the rights of the child, against torture and against discrimination.

International humanitarian law (the law of armed conflict, mainly the Geneva Conventions) limits how wars are fought: protect civilians, the wounded and prisoners; no weapons that cause needless suffering. The International Criminal Court can try individuals for genocide, crimes against humanity and war crimes.

Settling international disputes

The UN Charter says states must settle disputes peacefully. The main ways, from least to most formal:

  1. Negotiation: the states talk directly.
  2. Good offices and mediation: a third party helps them talk or suggests a solution.
  3. Inquiry and conciliation: experts find the facts or propose terms.
  4. Arbitration: the states choose judges (arbitrators) and agree to obey the decision (award).
  5. Judicial settlement: a permanent court, such as the ICJ or the law-of-the-sea tribunal, gives a binding judgment.

Regional bodies and the World Trade Organization (for trade disputes) also help. Force is allowed only in self-defence against an armed attack or with Security Council approval.

International law and national (municipal) law; India

How does a treaty become part of a country's own law?

India: Article 51 of the Constitution asks the state to promote international peace and respect international law and treaties. Article 253 lets Parliament make laws to carry out treaties, even on subjects normally left to the states. Indian courts read Indian law in harmony with international law when there is no conflict, and have used human-rights treaties to fill gaps. India was a founding member of the UN, has served many times on the Security Council and is among the largest providers of UN peacekeepers.

Key formulas and definitions

Worked examples

1. Two neighbouring states disagree about fishing rights. They ask a respected third state to help them talk. Which method is this?

Mediation (or good offices). The third party helps, but its suggestions are not binding.

2. For centuries all states have refused to arrest foreign ambassadors, believing they must not. What source of law is this?

Customary international law: long state practice + opinio juris. It was later written into the 1961 Vienna Convention on Diplomatic Relations.

3. State A never signed a treaty banning a certain fishing net. Is it bound by that treaty?

No. A treaty binds only parties. But if the same rule has become customary law, State A may be bound by the custom.

4. India signs and ratifies a treaty on protecting the sea. Can an Indian court apply it directly to punish a polluter?

India is mostly dualist, so a punishing rule usually needs an Act of Parliament (Article 253 allows this). Courts can still use the treaty to interpret Indian law.

Common mistakes

Practice quiz

1. Which is NOT a main source of international law listed by the ICJ?
2. Customary international law needs state practice plus:
3. The International Court of Justice settles disputes between:
4. The UN Charter was signed in:
5. In a dualist country, a ratified treaty usually:

Practice: answer these yourself

Type or choose your answer, then press Check. Use a hint if you are stuck; the full solution appears after you answer.

Frequently asked questions

What is international law in simple words?

It is the set of rules that countries agree to follow in their dealings with each other, made mainly through treaties and customs, and applied by bodies like the International Court of Justice.

What are the sources of international law?

Treaties, international custom and general principles of law are the main sources. Court decisions and the writings of experts help to find and explain the rules (Article 38 of the ICJ Statute).

How are international disputes settled?

Peacefully, through negotiation, good offices and mediation, inquiry and conciliation, arbitration, or courts such as the International Court of Justice.

Where this is taught

CBSE (India)Class 12International Law
South Korea고등학교 2학년Resolving international disputes
South Korea고등학교 2학년International studies
Germany (Bavaria)Jahrgangsstufe 13International conflicts and international law
FranceTerminaleHow law is organised

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