Main principles governing the international legal system | LexIcon
Summary
TLDRThis 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.
Outlines
📚 Introduction to International Legal Principles
The video introduces the main principles governing the international legal system. It emphasizes that international law is state-centered, meaning it primarily regulates the conduct of states. While international organizations and corporations have gained relevance, states remain the primary subjects of international law. The video also notes the absence of a central authority in international law, contrasting the horizontal and decentralized nature of international law with the vertical and centralized structure of national legal systems. State consent is highlighted as the foundation of international law, where states must agree to assume legal obligations due to the lack of a single law-making or enforcing body.
Mindmap
Keywords
💡International Law
💡State Consent
💡Sovereign Equality of States
💡Non-Intervention
💡Use of Force
💡Collective Responsibility
💡Decentralized Legal System
💡International Legal Instruments
💡Individual Criminal Responsibility
Highlights
International law is state-centered, focusing on regulating the conduct of states as the main actors on the international scene.
International legal instruments traditionally address states, despite the increasing relevance of international organizations and transnational corporations.
There is no single authority in international law, unlike national legal systems which have a central authority figure.
The international legal system is horizontal and decentralized, in contrast to the vertical and centralized national legal system.
International law is based on state consent, as states need to agree to assume legal obligations in the absence of a central law-making or enforcing authority.
In the international legal system, responsibility is collective, with the whole state being liable as a single legal entity for violations of international law.
Individual criminal responsibility exists in international law, especially for grave violations.
Transcripts
welcome to lexicon your visual guide to
public international law our topic for
today is main principles governing the
international legal system so let's
begin number one international law state
centered so international law regulates
the conduct of states as main actors on
international scene responsibilities of
international organizations and
transnational corporations also became
quite topical in the last decade however
international legal instruments still
traditionally address States number two
there is no single Authority in
international law so in the national
legal system on top of the hierarchy you
have the president the monarch if you
wish or the government in the
international legal system there is no
such authority this means that the
national system is vertical and
centralized whereas the international
legal system is horizontal and
decentralized so there is no central
body making law or enforcing law number
three international law is based on
state consent to define consent is a
legal or official permission to do
something or an agreement as to action
or opinion an international law is based
on state consent as there is no single
law making or enforcing Authority States
need to agree to assume legal
obligations number four responsibility
is collective so international legal
system we speak about individual
responsibility a person who commits a
crime is then individually responsible
fourth in the international legal system
will speak about state responsibility
which by its nature is collective the
whole state is liable as a single legal
entity so if the national court or a
military general they disregard
international law we speak about state
responsibility there is also a notion of
individual criminal responsibility in
international law it is possible for
especially in grave violations of
international law
war crimes crimes of genocide and so on
but this is not topic for today
number five sovereign equality of states
the essence of the rule is that all
states have equal rights and duties and
are equal members of the international
community irrespective of their
differences of an economic social
political or other nature states have to
respect the personality of other states
number six
non intervention in the internal affairs
of another state it means that states do
not have the rights to intervene
directly or indirectly for any reason
whatever in the internal affairs of any
other state so the examples would be
encouraging overthrow of active
government inciting political
destabilization financing terrorist
activities economic pressure or coercion
but still the last one is quite wait
because the withdrawal of economic aid
is not necessarily a violation per se
number seven the use of force is
prohibited with very limited exceptions
so article two paragraph four of the
charter of the United Nations provides
that all members shall refrain in their
international relations from the threat
or use of force against the territorial
integrity or political independence of
any state or in any other manner
inconsistent with the purposes of the
United Nations under any exceptions oh
yes there are two first one collective
action for protection of international
peace and security which is governed by
Chapter 7 of the UN Charter and second
individual or collective self-defense if
armed attack occurs article 51 of the UN
Charter number 8 preserving peace and
respect for human rights is key so the
Second World War brought not just a
physical destruction of cities and
damage to economies but also enormous
human suffering and so after war there
was an understanding that human life is
truly valuable this is also reflected in
article 1 of the
Nations Charter which provides that the
purposes of the United Nations are to
maintain international peace and
security and to take effective
collective measures for the prevention
and removal of threats to the peace and
then to achieve international
cooperation in promoting and encouraging
respect for human rights and for
fundamental freedoms for all that was it
for today if you have any questions
leave them below and I see you very soon
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