Public International Law Provisions

Rule
- Generally, an established and authoritative standard or principle; a general norm mandating or
guiding conduct or action in a given type of situation. (Black’s Law Dictionary)
- Norms, standards, principles, institutions, and procedures that serve the purposes of society (Henkin)
o Establish order; Protect persons, property, and interests
- Explicit or understood principles regulating conduct in a particular activity
Law
- Rule or conduct, just and obligatory, promulgated by a legitimate authority, for the common benefit and
observance of all. (SANCHEZ ROMAN)
- Command backed up by sanction or punishment (AUSTIN)
- Law takes into consideration moral principles is so far as they are given sufficient expression in legal
form (South-West Africa case)
o Serves a social need
o But only through and within the limits of its discipline
International Law
- consists of rules and principles of general application dealing with the conduct of states and of
international organizations and with their relations inter se, as well as with some of their relations with
persons, whether natural or juridical. (RESTATEMENT [THIRD] OF FOREIGN RELATIONS LAW OF THE UNITED
STATES)
State
- Defined territory, population, organized domestic society governed by a government
- Possesses sovereignty above which there is no higher power
o Independent, autonomous, equality, personhood, territorial integrity (imperium and
dominium), impermeability
- Permanent population, defined territory, government, and capacity to enter relations with other states
Theory of Consent
- States can only be obliged to comply with matters they agreed upon
- Akin to contractual relations
- There is no power which could otherwise compel a state to comply
- But, new nations are bound by previously existing international rules
o They are not tabula rasa
o Do they accept these rules as an incident of accepting independence (a fait accompli)?
- What happens if a state withdraws its consent?
o It is merely in breach
o Pacta sunt servanda is not based on consent
Command Theory
- John Austin’s command backed up by sanction or punishment
Positivism
- HLA Hart primary and secondary rules

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