International Law Explained | Kal Raustiala | Big Think

Summary

Kal Raustiala explores the significance and intricacies of international law, comparing it to the ubiquitous yet often unnoticed presence of air. He explains how international law governs everything from mundane activities like aviation to contentious issues such as armed conflict. Treaties, customary law, and international courts play crucial roles in shaping this framework. The discussion highlights the rise of international organizations like the United Nations and the World Trade Organization, and how globalization has led to more widespread participation in global treaties. The evolving role of international law is presented as vital to managing cross-border issues in a globalized world.

Takeaways

• 😀 International law operates like air: it's all around us, but often goes unnoticed in daily life.
• 😀 Everyday activities, like flying across borders, are governed by international law through treaties and agreements.
• 😀 Examples of international law include both mundane aspects, like aviation, and contentious issues like the war in Iraq.
• 😀 Treaties are the most common way international law is dictated, similar to statutes in domestic law.
• 😀 Customary law, such as the law of the sea, is an important part of international law, evolving over time based on customs and practices.
• 😀 Courts, like the International Court of Justice, also play a crucial role in enforcing international law.
• 😀 There are thousands of treaties covering a vast array of topics, making international law incredibly broad and intricate.
• 😀 International organizations, especially the United Nations, are key governing bodies for international law, with specialized organizations like the World Trade Organization and the International Maritime Organization.
• 😀 Globalization has made international law more widespread, with treaties involving nearly every country, like the Convention on the Rights of the Child.
• 😀 Over the last century, there has been a rise in international organizations and the codification of customary law into formal treaties.

Q & A

What is international law compared to in the video?

International law is compared to air, in the sense that it is omnipresent and often goes unnoticed, just like how we don’t usually notice the air we breathe.

How is international law relevant to everyday activities like flying?

International law governs the ability to travel between countries, such as the legal framework that allows for crossing other nations' airspace during a flight.

What is an example of a more contentious situation governed by international law?

An example of a contentious situation is the war in Iraq, where international law, particularly through the United Nations Security Council, played a role in determining the legal framework for armed conflict.

What dictates international law?

The most common sources of international law are treaties, customary law (like the law of the sea), and judicial bodies like the International Court of Justice.

What role do treaties play in international law?

Treaties are considered the backbone of international law, similar to statutes in domestic law. They govern various matters, including aviation, maritime law, and many others.

What is customary law and how does it function?

Customary law refers to practices that evolve over time and become accepted as legal norms, like the rules of the sea. It is similar to common law in domestic legal systems.

What are some examples of judicial bodies involved in international law?

The International Court of Justice and courts under organizations like the World Trade Organization are examples of judicial bodies that address international legal disputes.

What are the main international governing bodies mentioned?

The main international governing bodies include the United Nations (UN), the World Trade Organization (WTO), and various specialized organizations like the International Maritime Organization.

How has globalization affected the creation of international law?

Globalization has led to the rise of international organizations and the increased codification of international law into treaties, making it more accessible and binding for countries.

Which treaty has nearly universal participation from countries around the world?

The Convention on the Rights of the Child is an example of a treaty with almost universal participation, with only a few countries, like the United States and Somalia, not being parties.