Main principles governing the international legal system | LexIcon

Summary

This video script explores the foundational principles of international law, emphasizing its state-centric nature, lack of central authority, and reliance on state consent. It highlights the collective responsibility of states, the principle of non-intervention, the prohibition of force except in self-defense or UN-sanctioned actions, and the importance of peace and human rights. The script serves as a concise introduction to the complex and decentralized system governing global relations.

Takeaways

• 🌍 International law is state-centered, primarily regulating the conduct of states, although it increasingly addresses responsibilities of international organizations and corporations.
• 👑 There is no single authority in international law, making the system horizontal and decentralized, unlike national legal systems that are vertical and centralized.
• ✍️ International law is based on state consent, meaning that states must agree to assume legal obligations since there is no centralized law-making or enforcing authority.
• 🤝 Responsibility in international law is collective, with states being liable as a single legal entity, although individual criminal responsibility exists for grave violations like war crimes.
• ⚖️ Sovereign equality of states is a fundamental principle, ensuring that all states have equal rights and duties, regardless of economic, social, or political differences.
• 🚫 Non-intervention in the internal affairs of other states is a key principle, prohibiting direct or indirect interference in another state's internal matters.
• 🛡️ The use of force is prohibited in international relations, with exceptions only for collective security actions or self-defense under specific UN Charter provisions.
• ☮️ Preserving peace and respecting human rights are essential goals in international law, as emphasized in the United Nations Charter following the devastation of World War II.
• 🌐 States must respect the personality of other states, reflecting the broader principle of mutual respect and non-interference in international relations.
• 💬 The international legal system prioritizes peaceful resolution of conflicts and cooperation among states to promote global security and human rights.

Q & A

What is the central focus of international law?

International law primarily regulates the conduct of states as the main actors on the international scene, although it also addresses the responsibilities of international organizations and transnational corporations.

Why is there no single authority in international law?

There is no single authority in international law because the system is horizontal and decentralized, unlike national legal systems which are vertical and centralized.

What is the basis of international law?

International law is based on state consent, meaning states need to agree to assume legal obligations as there is no central law-making or enforcing authority.

How is responsibility viewed in the international legal system?

In the international legal system, responsibility is collective, with the whole state being liable as a single legal entity for actions such as disregarding international law by its national courts or military generals.

What does the principle of sovereign equality of states entail?

The principle of sovereign equality of states means that all states have equal rights and duties and are equal members of the international community, regardless of their economic, social, political, or other differences.

What does non-intervention in the internal affairs of another state mean?

Non-intervention means that states do not have the right to intervene, directly or indirectly, in the internal affairs of any other state for any reason, including encouraging political destabilization or financing terrorist activities.

What are the exceptions to the prohibition of the use of force in international law?

The exceptions to the prohibition of the use of force are collective action for the protection of international peace and security governed by Chapter 7 of the UN Charter, and individual or collective self-defense in response to an armed attack as per Article 51 of the UN Charter.

Why is preserving peace and respect for human rights considered key in the international legal system?

Preserving peace and respect for human rights is key because of the enormous human suffering caused by the Second World War, leading to an understanding that human life is truly valuable and the need for international cooperation in promoting these values.

What is the purpose of the United Nations as stated in its Charter?

The purpose of the United Nations, as stated in its Charter, is to maintain international peace and security and to take effective collective measures for the prevention and removal of threats to peace, and to achieve international cooperation in promoting and encouraging respect for human rights and fundamental freedoms for all.

What are some examples of actions that would be considered a violation of the non-intervention principle?

Examples of violations of the non-intervention principle include encouraging the overthrow of a government, inciting political destabilization, financing terrorist activities, and applying economic pressure or coercion.

Is the withdrawal of economic aid always a violation of the non-intervention principle?

The withdrawal of economic aid is not necessarily a violation of the non-intervention principle per se; it depends on the context and intent behind the withdrawal.