|
recaplica
International Law: What It Is and Who Applies It | |||||||||||||||
| © 2026 Recaplica · recaplica.com — All rights reserved | |||||||||||||||
International Law: What It Is and Who Applies ItWhat to print Page numbers appear when printing with default margins. SlidesChoose a cut Flash10 slidesThe essential thread, to present in classFull16 slidesEvery chapter and the deeper detailBoth come with speaker notes. In 30 seconds quick readInternational law is the set of rules states follow in their dealings with one another and, in some matters, in the way each of them treats the people inside its borders. It comes from two main sources, treaties and custom, listed in Article 38(1) of the Statute of the International Court of Justice. Different institutions apply it: the UN through its Charter, at the political level, the International Court of Justice for disputes between states, the International Criminal Court for individuals accused of serious crimes. Two further branches round out the picture, private international law, which picks the national law that applies to a case with foreign elements, and international criminal law, the branch the International Criminal Court enforces. Key Points
Key figures
Deep DiveAn order with no single legislatorInternational law is the body of rules that governs relations between states and, for some matters, how a state treats people within its own borders. According to the United Nations, its domain covers a wide range of issues: human rights, disarmament, international crime, refugees, migration, the treatment of prisoners, the use of force, the conduct of war, as well as the environment, sustainable development, international waters, outer space, global communications and world trade. Unlike the law of a single state, international law has no parliament above states to pass it and no single government to enforce it: it grows out of the consent of states themselves, expressed in different forms. The sources: treaties and customArticle 38(1) of the Statute of the International Court of Justice lists the sources the Court draws on to decide a dispute. The two main ones, with no real equivalent in a single state’s domestic law, are treaties and customary international law. A treaty is a written agreement between states. It binds only the states that sign it: the Vienna Convention on the Law of Treaties, at Article 34, says a treaty creates no obligations and no rights for a third state without that state’s consent. Custom, by contrast, is written in no single text: it is a general practice accepted as law, to use the ICJ Statute’s own phrase, and it forms when a pattern of behavior becomes so widespread and repeated among states that they come to treat it as binding. A legal norm inside a single state comes from a defined process, with a parliament that passes it and an authority that enforces it. A rule of international law instead comes from repeated conduct or from an explicit agreement between states. Public and private international lawThe international law discussed so far, the law of treaties and custom between states, is more precisely called public international law. There is also a field called private international law, but it is a different subject: it belongs to the domestic law of each country and it decides which national law applies when a specific case involves people or property from different states: a contract, a marriage, an inheritance. An Italian judge who has to decide which law governs a contract between a company in Milan and one in Lyon will apply the rules of Italian private international law, not a treaty between Italy and France. Who applies international lawThe United Nations distinguishes three bodies with different tasks. The UN Charter, signed in 1945, sets out the major principles of international relations, from the sovereign equality of states to the ban on the use of force: this is the political level, the founding text the other bodies refer back to.
The second level is judicial. The International Court of Justice (ICJ), the UN Charter’s principal judicial organ of the United Nations, sits in The Hague and rules on disputes between states. Its contentious function, governed by Article 94, produces rulings that bind the parties in the case, who can turn to the Security Council if the other side does not comply. Its advisory function, set out in Article 96, is different: the General Assembly and the Security Council can ask the Court for legal opinions on questions of law, but those opinions are not binding. The third level is technical: the International Law Commission, as its name suggests, has the job of developing international law progressively and codifying it, putting into systematic written form rules that often already existed as custom. On the ground, a state brings its positions before these bodies through its own diplomacy: for Italy, that task falls to the Italian Ministry of Foreign Affairs and International Cooperation. ICJ and ICC, two courts in The HagueThere is a fourth institution, distinct from the first three because it tries not states but individuals: the International Criminal Court (ICC). It was created by the Rome Statute, adopted on 17 July 1998 and in force since 1 July 2002 after gathering 60 ratifications; by May 2026 its states parties numbered 125. It sits in The Hague, like the ICJ, and tries individuals accused of war crimes, genocide, crimes against humanity and the crime of aggression: it is the home of international criminal law, a branch separate from public international law, which governs relations between states.
Confusion between the two courts is common because both sit in The Hague, even though a case can only go before one of them. The ICJ, for its part, did not appear out of nowhere in 1945: it took over from the Permanent Court of International Justice, established in 1920 by the League of Nations, the organization that preceded the UN. Within a single state, a system of courts with different levels and jurisdictions exists too: the entry on the Italian legal system tells that story, useful for comparison with a system, like the international one, that has no single judicial apparatus sitting above states. Among the matters international law covers is the protection of people’s rights, an area with its own reference text in the Universal Declaration of Human Rights. Slide deckSlides ready to download and make your own in PowerPoint or Google Slides, with speaker notes. Pick the Flash cut or the Full one. ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Common myths
Mind mapDrag the background to move around and the nodes to reposition them; use − and + to collapse and expand branches.
Quiz: test yourselfAnswer the questions to check what you have learned: you get instant feedback and a short explanation. Grade 0/10 0/5
FlashcardsTap the card to flip it and check whether you remember the answer, then move to the next one. 1 / 7 Explain it in your own wordsThe ultimate test: if you can explain it in simple words, you've truly understood it. Write your explanation, then compare it with the Recap. Your explanation is saved only on this device.
Frequently asked questionsWhat is the difference between public international law and private international law?Public international law governs relations between states, through treaties, organizations like the UN and courts like the International Court of Justice. Private international law is instead a branch of each country's own domestic law: it says which national law a judge must apply to a case with foreign elements, for instance a contract signed by a company in Milan with one in Lyon. What is the difference between the International Court of Justice and the International Criminal Court?The ICJ rules on disputes between states and sits in The Hague; its contentious function (Article 94 of the UN Charter) is binding between the parties, while the opinions requested by the General Assembly or the Security Council (Article 96) are not. The International Criminal Court, also in The Hague but created by the 1998 Rome Statute, tries individuals instead: the charges it hears are genocide, war crimes, crimes against humanity and the crime of aggression. That makes it the seat of international criminal law, a separate branch from the public international law that governs relations between states. What is customary international law?It is one of the two main sources listed in Article 38(1) of the Statute of the International Court of Justice, alongside treaties. It forms when states generally follow a certain conduct and come to regard it as law; no signed written text is needed. How does a state become party to the International Court of Justice?Automatically: under Article 93 of the UN Charter, every UN member state is a party to the Statute of the Court. States that are not UN members can still accede to the Statute, but only on conditions set case by case by the General Assembly, on the recommendation of the Security Council. What is the International Law Commission?It is the technical body of the United Nations, with two jobs: pushing international law forward and codifying it, that is, putting its rules in written form. While the UN sets political direction and the ICJ rules on disputes, the Commission works on the text of the rules themselves. Every Recap goes through an independent review before publication. |














