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.

Outlines

00:00

📚 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.

Keywords

💡International Law

International Law refers to the set of rules and principles governing the conduct of states and international entities. It is the focus of the video, which discusses the main principles that form the backbone of this legal system. The script mentions that international law is state-centered, meaning it primarily regulates the actions of states, but also touches on the roles of international organizations and transnational corporations.

💡State Consent

State Consent in international law signifies the voluntary agreement of a state to be bound by certain legal obligations. The video emphasizes that international law is based on state consent due to the lack of a central authority to enforce laws. This means that states must willingly accept and adhere to international legal norms, as seen in the script where it states 'an international law is based on state consent'.

💡Sovereign Equality of States

Sovereign Equality is a fundamental principle in international law that asserts all states have equal rights and duties, regardless of their size, power, or differences in economic, social, or political nature. The video script explains this concept by stating that states must respect the sovereignty of other states, which is a core aspect of the international legal system.

💡Non-Intervention

Non-Intervention is the principle that prohibits states from interfering in the internal affairs of another state, whether directly or indirectly. The script provides examples of what constitutes intervention, such as encouraging the overthrow of a government or financing terrorist activities, while also noting that economic pressure or coercion is not necessarily a violation unless it's aimed at influencing internal matters.

💡Use of Force

The prohibition of the use of force is a key principle in international law, as outlined in the United Nations Charter. The video script explains that force is only permissible under limited exceptions, such as collective action authorized by the UN for the protection of international peace and security, or in the case of individual or collective self-defense against an armed attack.

💡Collective Responsibility

Collective Responsibility in the context of international law refers to the liability of the state as a whole for its actions. The video script contrasts this with individual responsibility in national legal systems, where a person who commits a crime is held accountable. In international law, the state is considered a single legal entity and is responsible for its actions, such as when a national court or military general disregards international law.

💡Decentralized Legal System

A Decentralized Legal System is one without a central authority to make or enforce laws. The video script explains that unlike national legal systems, which have a vertical and centralized structure, the international legal system is horizontal and decentralized, meaning there is no single body that governs the creation or enforcement of international law.

💡International Legal Instruments

International Legal Instruments are the various treaties, conventions, and agreements that states enter into to create binding legal obligations. The script mentions that these instruments traditionally address states and have become more relevant with the rise of international organizations and transnational corporations.

💡Individual Criminal Responsibility

Individual Criminal Responsibility in international law refers to the accountability of individuals for particularly grave violations, such as war crimes and crimes against humanity.

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