Development of International Law: A Comprehensive Analysis
Development of International Law: A Comprehensive Analysis
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A publication of
School of Law and Policy
University of Management and Technology, Lahore, Pakistan
Development of International Law: A Comprehensive Analysis
Muhammad Salman Shafiq ∗
Guanghua Law School, Zhejiang University, Hangzhou, China
Abstract
The characterization or evaluation of international law is not sufficiently
defined in the field of foreign affairs. These laws are not solely left for state
interpretation nor are they effectively engrained according to the consent of
states. Compulsory assessment and enforcement in international law has
increased its importance in broadening up its preview and reducing the
dependence on state endorsement. This study aims to thoroughly examine
the origins and advancements of international law. It explores the
fundamental concepts and sources of international law, including
international contracts, international establishments and challenges faced by
these organizations. This study discusses multinational issues like
international security, human rights and environment protection,
highlighting the interaction between sovereignty of states and increasing
demand for global leadership in these fields. The paper discusses the
obstacles and challenges encountered in the implementation of international
law. It is observed that effective and well-organized operations of legal
structure is dependent on universal compliance and accountability. In the
modern era, implementation of latest technologies, especially AI based
technologies, can be one of the best solutions to cater international issues in
timely manner. By probing its basics, historical framework and challenges,
this paper contributes to understanding the future trajectories of
international law.
Keywords: accountability, agreements, global organizations, treaties,
trade
Introduction
International law is a body of rules and standards that governs the
interactions and behaviors of sovereign states, as well as their relations with
individuals, groups, and international organizations. It establishes
guidelines for nations in a variety of domains, including trade, human rights,
environmental preservation, and diplomacy and warfare (Babikian, 2023).
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Corresponding Author: [email protected]
School of Law and Policy
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Volume 3 Issue 1, Spring 2024
Shafiq
Research Methodology
The study will employ historical research to analyze the development of
international law, identify important turning moments, examine shifts in
legal theories, and enforcement tactics. The historical perspective will
clarify both the current objectives of international law and its development
over time.
Origins of International Law
International law has evolved over centuries, adapting to the changing
dynamics of the global community. Its development has been influenced by
centuries of conflict, diplomacy, and international affairs. Thousands of
years of historical politics and interactions have shaped the ideas and
procedures that form the foundation of the contemporary international law
(Bhat, 2023).
Ancient Civilizations and Early Legal Systems
Some salient features of ancient civilizations legal systems are as
follows:
Ancient Mesopotamia
The judicial system of Mesopotamia, the "cradle of civilization," was
very complex. The renowned Code of Hammurabi and the Code of Ur-
Nammu are two of the oldest known legal codes to come from this area.
These codes outlined regulations on several areas of life, such as criminal
offenses, family law, and property rights (Harris et al., 2023).
Ancient Egypt
Even though there aren't as many written records of ancient Egypt's
legal system as there are about Mesopotamia, the country had a structured
system nonetheless. The vizier was responsible for hearing the case's
specifics, while pharaoh acting as the ultimate judge. The laws of ancient
Egypt addressed issues like criminal offenses, family law, and property
distribution.
Ancient Greece
Instead of having a single legal system, ancient Greece was made up of
several city-states, each with its own set of laws and customs. A common
example of a city-state with a sophisticated legal system is Athens. Oral
tradition and the rulings of juries in law court aided as the footing of the
Athens legal system.
Ancient Rome
The Roman Empire developed a highly influential legal system that
significantly impacted Western legal traditions. Roman law originated with
the compilation of the Twelve Tables of Roman Law around 450 BC and
emphasized on the value of written laws, court processes, and the principle
of justice.
Other Ancient Civilizations
Numerous other historical societies, including those in ancient China
and India, also had unique legal systems. These legal systems, which
frequently addressed issues like property rights, contracts, and social order,
were shaped by cultural, religious, and societal conventions.
Emergence of Treaties and Diplomatic Relations
An important facet of international law is the growth of diplomatic
connections and treaties. Written agreements regulated by international law
that exist between sovereign nations or between states and international
organizations are known as treaties. Through treaties, states can establish
legal duties, rights, and responsibilities amongst one another. Treaties
address a wide range of issues, such as human rights, trade, territory
boundaries, defense, peace, and environmental issues (Guo, 2023).
Formal contacts formed between governments through diplomatic
channels are referred to as diplomatic relations. To promote dialogue,
cooperation, and coordination between governments, diplomatic relations
entail the interchange of ambassadors, consular officers, and diplomatic
missions. International agreements, like the 1961 Vienna Convention on
Diplomatic Interactions, frequently regulate diplomatic interactions
(Damioli et al., 2023).
Diplomatic relationships and treaties are intimately related. Treaties are
often negotiated and signed by heads of state, governments, and foreign
affairs ministries through diplomatic channels. The application and
enforcement of treaties depend on diplomatic relations; however, the legal
relationships established by a treaty remain unaffected by the termination
of diplomatic relations between parties, unless there are specific
governments are responsible for their deeds and inactions (Anjarwati et al.,
2023).
A state is held accountable to other states for transgressing international
law, such as conquering any other state's territory or breaching a treaty. The
state must bear direct responsibility for the violation for it to be considered
culpable for the breach (Nalule, 2023).
The law of state responsibility determines when an obligation has been
breached and outline the legal repercussions of such breaches. These
regulations deal with questions of accountability and potential legal
remedies if primary or substantive international law standards are violated.
They offer a structure for making states answerable for their deeds and
pursuing compensation for damages incurred (Henkin, 1995).
It is crucial to remember that state accountability differs from personal
criminal liability. While individual criminal responsibility deals with an
individual's accountability for international crimes, state responsibility
centers on the obligation of states as legal organizations (Sunga, 2021).
Sources of International Law
Customary International Law
Customary international law is created by governments acting
consistently & repeatedly over time, as opposed to being dependent on
written agreements like treaties. A variety of sources, such as official reports
of military operations, military manuals, national laws, case law, diplomatic
communication, and the practices of international organizations, can be
used to observe state practice.
There are two prerequisites for a norm to become customary
international law:
State Practice
States must have a common, dependable practice that shows a sizable
number of them have adhered to and depended upon the relevant regulation.
Opinio Juris
States must believe that they are required by law to abide by the
regulation, demonstrating that they see the practice as a legal necessity.
A-32
This article says that signatories to a treaty must make a serious attempt
to carry out their responsibilities under it. One of the main principles of
international law is highlighted in this clause: the importance of honesty,
integrity, and mutual respect in treaty engagements.
A-33
This article ensures that countries are not required to adopt treaties
without their prior approval and protects the autonomy of states.
Reservation to Treaties
According to Muneer et al. (2023) reservations are unidirectional
declarations made by governments during the adoption, admission, or
signature phases of treaties. States may alter or exclude a treaty's legal
provisions from applying to their state by using reservations. The
reservation's legality and effects are governed by the VCLT.
A-19
This article states that a reservation can only be acknowledged if it does
not disrupt the provisions of the treaty or interfere with its objectives.
A-20
According to this article, a reservation that conflicts with a treaty's goals
and objectives is deemed unlawful and is not admissible.
A-21
The initial idea of assent is established in this clause as a foundation for
the legality and efficacy of treaties under international law.
It is notable that the impact of reservations could be different, based on
the particular accord and the clauses included in it. To guarantee the legality
of their reservations, states must carefully assess how well their intentions
align with the goals and objectives of the treaty.
Enforcement of International Law and its Challenges
The results highlight several problems that international law enforcement
has. Though the snippets only provide a brief overview, these are some
common challenges in the application of international law:
Paris, R. (2020). The right to dominate: How old ideas about sovereignty
pose new challenges for world order. International Organization, 74(3),
453–489. https://doi.org/10.1017/S0020818320000077
Remler, P. (2020). Russia at the United Nations: Law, sovereignty, and
legitimacy (Vol. 22). Carnegie Endowment for International Peace.
https://carnegie-production-
assets.s3.amazonaws.com/static/files/Remler_UN_final.pdf
Slocum, B. G., & Wong, J. (2021). The Vienna convention and ordinary
meaning in international law. Yale Journal of International Law, 46(2),
191–239.
Sunga, L. S. (2021). Individual responsibility in international law for
serious human rights violations. Brill Nijhoff.
Taulbee, J. L., & Von Glahn, G. (2022). Law among nations: An
introduction to public international law. Routledge.
Vig, N. J. (2023). Introduction: Governing the international environment.
In N. J. Vig & R. S. Axelrod (Eds.), The global environment (pp. 1–26).
Routledge.