International law aims to protect global order through treaties and customary practices. However, its enforcement is complex, as no single authority exists to compel compliance. Cases like the International Court of Justice’s rulings on Israel highlight frustrations with accountability. The International Criminal Court seeks justice for serious crimes, but political dynamics often hinder effectiveness. International…
Principle of Good Faith in International Law
At its core, the text emphasises that international law is fundamentally a self-policing system created by states for their own governance, which inherently necessitates a strong foundation of good faith for its effective functioning. This principle of good faith is portrayed as a linchpin that enables states to loyally fulfil their commitments and uphold their…
Primary and Secondary Rules of International Law
The International Law Commission’s work on state responsibility highlights the distinction between the primary and secondary rules in international law. Primary rules, covered in chapters IV to X and XII, encompass major legal regimes governing international organisations, armed conflicts, human rights, and environmental protection. These are typically grounded in customary international law or treaties. A…
George Washington and Vattel’s the Law of Nations
“The Law of Nations” by Emerich de Vattel holds significant value and importance, particularly in George Washington’s era. This seminal work on international law and diplomacy was instrumental in shaping the principles of governance and international relations during the formative years of the United States. Vattel’s treatise provides a comprehensive framework for understanding the rights…
The Limit of Exposition
In his Guide for the Perplexed, Maimonides offers a nuanced perspective on the limitations of intellectual certainty and the importance of ongoing enquiry. He acknowledges that, while his work cannot definitively resolve philosophical or theological doubt, it can significantly alleviate the perplexities of those who engage with it. Maimonides emphasises that a comprehensive and exhaustive…
International Law: A Massive Corpus
International law at the dawn of the twenty-first century has evolved into a vast and complex field, far surpassing its earlier scope and significance. As the passage illustrates, it has grown from a relatively manageable set of rules governing state relations to a massive branch of law that touches nearly every aspect of cross-border human…
Pacta Sunt Servanda
The concept of pacta sunt servanda is a fundamental principle in both international law and contract law. The phrase is Latin for “agreements must be kept”, and it underscores the importance of honouring commitments made in treaties and contracts. Understanding Pacta Sunt Servanda The principle of pacta sunt servanda means that any legally binding agreement…