Does international law work | Sayidkomil Ibodullaev | TEDxTSUL

Summary

The speaker addresses common questions about the effectiveness and nature of international law, contrasting it with domestic law. They emphasize the horizontal structure of the international system, where states are equal and sovereign, and international law operates between them rather than over them. Despite its limitations, international law provides stability, predictability, and a means of communication for resolving state disputes. The speaker concludes by likening international law to the UN's purpose: not to bring utopia but to prevent chaos.

Takeaways

• 📚 The speaker, a lecturer in international law, addresses common questions and criticisms about the effectiveness and nature of jus gentium, the Latin term for international law.
• 🌐 The international system is described as horizontal, contrasting with the vertical authority of domestic law, where states are sovereign and equal without a superior authority.
• 🏛 There is no centralized legislature in international law; United Nations General Assembly resolutions are not binding, unlike domestic laws.
• 🛡️ The United Nations Security Council, with its five permanent members holding veto power, does not function as a traditional executive body in international law.
• 👨‍⚖️ The International Court of Justice serves as the principal judicial organ but requires consent from both parties to hear a case, unlike domestic courts which can enforce laws on individuals.
• 🔄 International law operates between states, not about them, meaning states create and decide to respect international norms, unlike individuals in domestic law who must obey or disobey.
• 🚨 Criticisms of international law's efficiency are common, especially during crises, but the speaker points out that national legal systems also face numerous violations and inefficiencies.
• 💡 Despite its flaws, the speaker argues that international law is necessary, providing stability, predictability, and a common tool for communication between states in disputes.
• 🏛 The speaker emphasizes that international law is respected and severe violations are rare, suggesting that the system works well in most cases.
• 🌟 The speaker concludes by quoting Dag Hammarskjöld, former UN Secretary-General, to illustrate that international law aims to prevent the worst outcomes rather than achieve utopia.
• 🙌 The speech ends with applause, indicating the audience's agreement and appreciation for the perspective on international law presented by the speaker.

Q & A

What is jus gentium and why does it raise questions about its efficiency and nature?

Jus gentium is the Latin term for international law, which often raises questions about its effectiveness and whether it can be considered 'law' due to its unique structure and the lack of a centralized enforcement mechanism.

How does the speaker describe the traditional model of domestic law in comparison to international law?

The speaker describes domestic law as having a vertical authority structure with three main branches of government—executive, legislative, and judicial—each with specific functions. In contrast, international law operates in a horizontal system where states are equal and sovereign, without a superior authority.

What are the three main branches of government in the context of domestic law?

The three main branches of government in domestic law are the executive, legislative, and judicial branches, each with distinct roles and responsibilities.

Why does the speaker argue that international law does not fit the traditional model of domestic law?

The speaker argues that international law does not fit the traditional model of domestic law because it lacks a centralized legislature, executive body, and judicial system that can enforce laws without the consent of the involved states.

What role does the United Nations Security Council play in international law?

The United Nations Security Council plays a significant role in international law, particularly in maintaining international peace and security. It consists of five permanent members with veto power, which can influence the approval of decisions.

How does the International Court of Justice function in the context of international law?

The International Court of Justice, as the principal judicial organ of the United Nations, can only entertain cases between consenting parties. It requires the agreement of both the applicant and respondent states to hear a case.

What is the difference between the operation of law within societies and international law according to the speaker?

According to the speaker, the difference lies in the authority structure. Domestic law operates with a vertical authority where laws are imposed on individuals, whereas international law operates horizontally, with states being equal and sovereign, creating and deciding to respect or disregard international law norms.

Why does the speaker suggest that criticisms of international law's efficiency may be unfair?

The speaker suggests that criticisms may be unfair because similar criticisms are not often leveled at national legal systems, which also experience violations and inefficiencies. The speaker implies that the complexity of international law should be taken into account when evaluating its efficiency.

What does the speaker believe international law offers in terms of global stability and communication?

The speaker believes that international law offers a system of stability and predictability and serves as a common tool of communication for states to refer to when discrepancies arise, thus facilitating dialogue and conflict resolution.

How does the speaker use the words of Dag Hammarskjöld to conclude the discussion on international law?

The speaker uses Dag Hammarskjöld's words to emphasize that international law, like the United Nations, is not meant to bring perfection but to prevent the worst outcomes, suggesting that its role is more about maintaining order and preventing chaos than achieving an ideal state.

What is the speaker's final stance on the role and importance of international law?

The speaker's final stance is that international law is crucial for maintaining global order and should not be dismissed despite its limitations. It provides a framework for states to interact and resolve disputes, and its existence is more about preventing the worst outcomes rather than achieving perfection.