Going Global: Studying Public International Law and Global Organizations in Germany
Arpit Goel
Building AI, Tech, Climate, HigherEd Communities I Founder, AI Capitol I Voiz Academy India WhatsApp Community I Member: HBSO, Wharton Online, WEF Digital I COP28 Ambassador I Learning German, AI and Tech Investor
I'm excited to share that I'm diving into the world of Public International Law here in Germany, exploring how laws govern relations between nations and international entities.
This journey covers the frameworks that guide global cooperation, sovereignty, and the essential role of international organizations like the United Nations (UN), World Trade Organization (WTO), League of Nations, International Criminal Court (ICC), International Monetary Fund (IMF), World Bank, European Union (EU), UNESCO, World Health Organization (WHO), Food and Agriculture Organization (FAO), International Criminal Tribunal for the former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR), UN Specialized Agencies (such as UNESCO, WHO, FAO) and more.
Through my studies, I’m gaining a deeper understanding of how these institutions shape everything from trade and environmental protection to human rights and global security. Stay tuned for insights on how these legal principles impact our interconnected world.
The Institute of Law and Jurisprudence or Rechtswissenschaft, Fachbereich 01 (Faculty 01) is amazing located at Licherstrasse 68 opposite Uni-Doner (a Doner Kebab Kiosk owned by a Hindi speaking Afghan National! Try the henchen Kebab for 6 Euros) if you're at the Fachbereich.
Here's what I have been taught in the past 4 lectures incorporating Latin legal terms, references to articles, and key treaties:
1. Introduction to Public International Law (PIL)
- Public International Law (PIL): PIL governs relationships between sovereign entities, focusing on maintaining state sovereignty and ensuring coordination in areas like human rights, trade, conflict resolution, and environmental protection.
According to definitions cited, such as that by Besson, PIL structures interaction between participants in international relations without centralized enforcement, relying on principles of sovereign equality and mutual respect.
- Legal Framework of PIL: The foundational sources include treaties, customary law, general principles, and judicial decisions (Art. 38 of the ICJ Statute), which collectively shape PIL. These sources uphold principles like pacta sunt servanda (agreements must be kept) and create a decentralized but structured system for resolving international disputes.
- Sovereignty: Defined as the full right and power of a governing body over itself, sovereignty is central to PIL, particularly emphasizing the principle of sovereign equality (Art. 2(1) of the UN Charter). This principle establishes that states are independent actors, working together in a system that respects their autonomy.
- International Legal Theories:
- Natural Law (ius naturale): This theory suggests that laws derive from universal moral principles or God’s law, with thinkers like Thomas Aquinas supporting the idea of an inherent legal order.
- Legal Positivism: Emphasized by Cornelius van Bynkershoek, this perspective considers law as a product of human creation, binding because of state consent rather than inherent morality.
- Critical Theory: Scholars like Martti Koskenniemi propose that PIL often reflects political interests, suggesting that law and politics are inseparable in the global arena.
2. Sources of Public International Law
- Treaties: Defined in Art. 2(1)(a) of the Vienna Convention on the Law of Treaties (VCLT), treaties are “agreements governed by international law” and are binding inter partes (between parties). The VCLT (1969) outlines the processes of treaty formation, interpretation, and enforcement, requiring states to honor treaties under pacta sunt servanda (Art. 26 VCLT).
- Customary International Law: This form of law arises from consistent state practices (consuetudo) and the belief that such practices are legally obligatory (opinio juris), as described in Art. 38(1)(b) of the ICJ Statute.
- Examples: The Lotus Case established that states may act freely unless restricted by international law, embodying PIL’s permissive nature. Nicaragua v. United States recognized customary law’s role in defining norms around state sovereignty and non-intervention.
- General Principles of Law (principia generalia iuris): These principles are universal legal norms filling gaps where treaties or customary laws are silent, often drawing from national legal systems. Examples include bona fide (good faith) and nullum crimen sine lege (no crime without law), guiding fair practices in international law.
- Judicial Decisions: While not binding, decisions from bodies like the International Court of Justice (ICJ) serve as subsidiary means (Art. 38(1)(d) of the ICJ Statute) in determining legal principles. Cases from national and regional courts also contribute to customary law’s evolution, particularly in areas such as human rights.
3. Law of Treaties
- Definition of Treaties: Art. 2(1)(a) VCLT defines treaties as agreements in written form between states, governed by international law. Treaties can vary in scope and form, from bilateral (two parties) to multilateral or even universal (e.g., UN treaties).
- Process of Treaty-Making: This process, as described in the VCLT, involves multiple stages:
- Negotiation: States negotiate terms and reach agreement.
- Adoption and Authentication: Finalizes the text, per Art. 9 of the VCLT.
- Expression of Consent to be Bound: Through signature, ratification, or accession (Art. 12-15 VCLT).
- Entry into Force: Occurs upon completion of required conditions, typically consent by all parties (Art. 24 VCLT).
- Reservations: States may issue reservations to exclude or modify certain provisions of a treaty, subject to compatibility with the treaty’s purpose (Art. 19 VCLT). Reservations are a flexible tool allowing broader participation, but they must be accepted or objected to by other parties.
- Vienna Convention on the Law of Treaties (VCLT): Established in 1969, the VCLT sets out rules on treaty obligations, termination, and suspension, emphasizing pacta sunt servanda (Art. 26) and clarifying that domestic laws cannot justify failure to fulfill treaty obligations (Art. 27).
4. Subjects of Public International Law: States
- Statehood Criteria: The Montevideo Convention (1933) outlines the four criteria for statehood:
- Permanent Population: A stable group residing within the state.
- Defined Territory: A specific area under state control, though boundaries may not be fully settled.
- Government: Exercising effective control internally and managing relations externally.
- Capacity to Enter Relations: Ability to engage diplomatically and fulfill international obligations.
- Recognition:
- Constitutive Theory: States only exist if recognized by others.
- Declaratory Theory: Recognition is not essential; meeting the statehood criteria suffices for legal status.
- Self-Determination: Art. 1 of the International Covenant on Civil and Political Rights (ICCPR) grants all peoples the right to self-determination, which includes both internal (autonomy) and external (potential independence) aspects, particularly in cases of severe rights violations.
- State Succession: State succession involves the transfer of obligations, often guided by the Vienna Convention on Succession of States in respect of Treaties (1978). Succession can occur through secession, merger, dissolution, or absorption, and may involve complex decisions on continuity or re-ratification of treaties.
5. International Organizations
- Definition and Legal Personality: International organizations, defined in the VCLT and elaborated by the International Law Commission (2003), are entities established by treaties, with distinct legal personality. Examples include the UN, which operates independently under its own legal personality, enabling it to enforce obligations and rights in PIL.
- Membership: Membership may be universal (e.g., UN) or regional (e.g., EU), with admission typically governed by criteria in founding treaties, like Art. 4 of the UN Charter, which sets conditions for states seeking membership.
- Powers of International Organizations:
- Explicit Powers: Powers clearly outlined in an organization’s founding document.
- Implied Powers: Not explicitly stated but inferred as necessary for fulfilling its purpose, seen in cases like Reparations for Injuries Suffered in the Service of the United Nations, where the ICJ recognized the UN’s implied right to claim reparations.
- Decision-Making: Organizations like the UN employ various voting systems:
- Unanimity: Complete agreement.
- Majority Vote: Typically 50% + 1 or a two-thirds majority (e.g., Art. 18 of the UN Charter for General Assembly votes).
- Consensus: No formal objections, used to facilitate agreement in sensitive areas.
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6. Individuals in Public International Law
- Diplomatic Protection: Under the Mavrommatis Palestine Concessions case, diplomatic protection enables states to protect their nationals abroad. This protection, articulated in the ILC Draft Articles on Diplomatic Protection (2006), holds that injury to a national is effectively an injury to the state itself.
- Human Rights and Consular Protection: Art. 36 of the Vienna Convention on Consular Relations (VCCR) mandates that detained foreigners be informed of their right to consular assistance, exemplified by the LaGrand case, where Germany sought ICJ intervention after the US violated these consular rights.
- Criminal Responsibility under International Law:
- International Criminal Court (ICC): Established by the Rome Statute, the ICC prosecutes individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. Art. 5 of the ICC Statute enumerates these “core crimes,” aiming to complement national courts by holding individuals, rather than states, accountable.
- Core Crimes Defined:
- Genocide : Intentional acts to destroy a group, detailed in Art. 6 of the ICC Statute.
- Crimes Against Humanity: Widespread attacks against civilians (Art. 7 ICC Statute).
- War Crimes: Breaches of international humanitarian law, per Art. 8 ICC Statute.
- Crime of Aggression: Illegal use of force by a state, as per Art. 8bis ICC Statute.
- Ecocide: Proposed as an international crime, ecocide refers to severe, long-term environmental harm, aiming to shift international law towards an ecocentric approach that prioritizes ecological health beyond human interests.
Latin Terms:
Pacta sunt servanda (Agreements must be kept): A principle stating that treaties and agreements should be adhered to in good faith (Art. 26 VCLT).
Ius cogens (Compelling law): Refers to fundamental principles in international law from which no derogation is permitted (Art. 53 VCLT)o juris** ("Belief of law"): The belief that an action is carried out of legal obligation, essential in establishing customary international law .
Inter partes ( parties): Indicates that a treaty binds only those parties who have agreed to its terms .
Erga omnes (Towards all): Refers ts that states owe to the international community as a whole, often associated with ius cogens norms
Full powers: The authority granted to a representative to negotiate and sign a treaty on behalf of a state, essential in treaty-making (Art. 2 VCLT) .
Ius gentium (Law of nations): An ancient concept of governing relations between entities, a precursor to modern international law
Terra nullius (Land belonging to no one): Principle justifying the of territory by occupation if it was previously unclaimed
Jus soli (Right of the soil) and Jus sanguinis (Right of States) principles govern nationality acquisition, based on place of birth or descent, respectively
References:
Treaties:
1. Vienna Convention on the Law of Treaties (VCLT) (1969):
The VCLT outlines the rules governing treaties between states, including their creation, interpretation, and termination. Vienna Convention on the Law of Treaties (1969) - United Nations
2. Montevideo Convention on the Rights and Duties of States (1933):
This convention defines the criteria for statehood, including a permanent population, defined territory, government, and capacity to enter into relations with other states. Montevideo Convention on the Rights and Duties of States (1933) https://treaties.un.org/doc/Publication/UNTS/LON/Volume%20165/v165.pdf
3. United Nations Charter (1945):
The foundational treaty of the United Nations, establishing its purposes, principles, and structure. Charter of the United Nations.
4. International Covenant on Civil and Political Rights (ICCPR) (1966):
A key human rights treaty ensuring the protection of civil and political rights. International Covenant on Civil and Political Rights. https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
5. Vienna Convention on Consular Relations (VCCR) (1963):
This convention outlines the framework for consular relations between independent states, including consular assistance rights.
6. Rome Statute of the International Criminal Court (1998):
The treaty that established the International Criminal Court (ICC), defining its functions, jurisdiction, and structure.
Cases:
1. Mavrommatis Palestine Concessions (Greece v. United Kingdom) (1924):
A landmark case where the Permanent Court of International Justice addressed issues of diplomatic protection and state responsibility
2. Nicaragua v. United States (1986):
The International Court of Justice examined the legality of U.S. actions in Nicaragua, addressing principles of non-intervention and customary international law
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America
3. Lotus Case (France v. Turkey) (1927):
This case established that states have jurisdiction over incidents on the high seas unless explicitly prohibited by international law
4. LaGrand Case (Germany v. United States) (2001):
The ICJ ruled on the violation of consular notification rights under the VCCR, emphasizing the importance of consular assistance for detained foreign nationals