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As you discuss, there are various sources of international law. Some, like customary law, develop overtime. Other sources, such as treaties, are more thoughtful in their approach as to what international should look like. Given this, do you think that one type of international law should be given more weight than others or do you believe that all sources should be equal?

William Wallin (Sep 5, 2019 12:23 PM) – Read by: 3Mark as Read Reply

Hi Everyone,

International Law is the set of rules, norms, and principles to regulate the behavior and actions of states (International Law, 2011). The development and expansion of international law fosters the cooperation among states and the international community by abiding by agreed terms and enforceable actions. However, international law also impacts the question of sovereignty in participating states as it influences and regulates the citizens within a country’s borders (Chapter 3, 2018, 45). International law provides a framework to recognize human rights, regulate state actions, and enforce the terms of international agreements.

A modern focal point of international law is human rights law that originated after WWII due to the genocide experienced during the Holocaust and cruel and inhumane treatment of prisoners (political and POW) by the Axis Powers. The resultant Nuremburg and Tokyo War Criminal trials and the UN Universal Declaration of Human Rights established the legal foundation to international human rights law. This obligates states to protect the inherent dignity and inalienable rights of individual human beings recognizing that peoples’ rights are based on their personhood rather than their status as a citizen (Chapter 3, 2018, 45). International consensus on human rights discourages actions by states that violate the human rights of an individual, such as torture, cruel and inhumane treatment, and genocide, and allows for punitive actions against a violating state to take place.

International organizations such as the UN Human Rights Committee, UN Human Rights Council, the European Human Rights System, the Inter-American Human Rights System, and the African Human Rights System facilitate the monitoring and enforcement of human rights violations. These organizations promote human rights through addressing human rights violations and providing recommendations to ameliorate the situation and circumstances (Chapter 3, 2018, 53). Whether through vetting processes such as the Leahy Amendment, through international or regional human rights courts, or tribunals.

Enforcement of international law is flawed due to the process that laws and treaties are recognized by states. This is primarily due to the inherent recognition and respect of a state’s sovereignty. For example, in the U.S., any international treaty or agreement must be ratified by Congress before it takes effect as federal law throughout the country (Kirgis, 1996). This dilemma is not restricted to just the U.S. but the international community as each state must develop processes within their government institutions for the recognition and adoption of international agreements. Sanctions are problematic as they often do not have a direct impact against those who are intended to be targeted and instead impact those who have little to no influence over a state’s actions (Kirgis, 1996). This becomes increasingly complicated when state matters are considered internal issues rather than international issues limiting the reach of international cooperation.

I look forward to your thoughts.

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