1. Çukurova University Faculty of Economics And Administrative Sciences
(International Relations)

2. Instructor: Ast. Prof. Sami Doğru
International Law I I
Instructor: Ast. Prof. Sami Doğru
Law Among Nations: An Introduction To Public International Law, Von Glahn, G., & Taulbee, J.L. (2010). (9th ed.). New York: Pearson.

3. Overview of Objectives
Syllabus Overview
Attendance Requirements
Presentation of Materials (lecture & discussion)
What is International Law?
Discuss three perspectives (Realism, Liberalism, & Constructivism)
Identify motivating factors for compliance

4. What is International Law?
Let’s begin with your thoughts!
From your own understanding, what is international law?

5. What is international Law?
International law, commonly referred to as "public international law," regulates relations and activities between nations.
In other words, international law is simply the set of rules that countries follow in dealing with each other.
It also contains rules regarding the operations of international organizations, such as the United Nations.
In addition, it governs state treatment of individuals and juridical persons (i.e., non-natural persons, such as a corporation, association or partnership).

6. The nature and development of international law
International law is sometimes called public international law to distinguish it from private international law.
Whatever the connections international law has with other systems of law,
- it is clearly distinguished by the fact that
* it is not the product of any national legal system,
* but of the states (now over 190) that make up our world.

7. The nature and development of international law
In the past, international law was referred to as the Law of Nations.
Although it had been developing over many centuries.
International law as we know it today is commonly said to have begun properly with the Dutch jurist and diplomat, Grotius (Hugo de Groot), –1645, and with the Peace of Westphalia 1648.

8. The nature and development of international law
That event (above) marked;
- not only the end of the Thirty Years War
- but also the end of feudalism (and, with the Reformation, obedience to the Pope) and
- the establishment of the modern state with central governmental institutions that could enforce control over its inhabitants and defend them against other states.

9. The nature and development of international law
First let us clear away any misunderstandings about private international law and transnational law.
Private international law/conflict of laws
Private international law is an unfortunate term for what is more properly and accurately called conflict of laws.
That is the body of rules of the domestic law of a state
- which applies when a legal issue contains a foreign element,
- and it has to be decided whether a domestic court should apply foreign law or cede jurisdiction to a foreign court.

10. What is international Law?
Private international law/conflict of laws
Many of the rules are now found in legislation.
Naturally, over time the domestic rules grow closer as states come to adopt similar solutions to the same problems, but they remain domestic law.

11. Definitions to Consider
There is more than one way to define International Law.
We will look at two, in particular.
Traditional Definition
vs.
Modern Definition

12. Traditional Definition
“Traditionally, writers have defined international law as that body of;
- principles,
- customs, and
- rules recognized as effectively binding obligations by sovereign states and such other entities as have been granted international personality.” (Von Glahn, p3)
What does this mean?

13. Traditional Definition
Basically, international law is;
- the set of laws and customs (rules, etc.),
- that states (& any other entity that has an international personality) have agreed to follow.

14. Traditional Definition
Note:
For now, think of a state as an entity with;
- territory,
- a permanent population, and
- its own governmental control.
It can also engage in formal relations with other such entities. (p126) 14

15. Traditional Definition (cont’d)
Also, other organizations and entities that are not states may be able to function in the international arena (i.e., make binding agreements, conclude contracts, administer property, etc.).
These organizations/entities would be described as having international personality. (p141)
We will talk about states & international personality a bit later. 15

16. Traditional Definition (cont’d)
So what do you think about the traditional definition?
Do you notice anything in particular?
Is it a good definition or a bad definition?
Why or why not?
Take 10 minutes to write down your thoughts on these questions.

17. Modern Definition
Here is another definition to consider (from the ALI Restatement):
“ ‘International law,’ consists of rules and principles of general application dealing with the conduct of states and of international organizations and with their relations . . ., as well as with some of their relationships with persons, whether natural or juridical.” (p4)

18. Modern Definition (cont’d)
Do you notice anything different about the modern definition?

19. Traditional vs. Modern
According to our text, traditional definitions . . .
“assume that international law has nothing to say about how rulers treated their subjects or how governments treated their citizens.
Hence, international law applies between and among states but has no power or authority to intrude into the affairs of the domestic community.” (p.4)

20. Traditional vs. Modern “The more modern definition . . .
Acknowledges that, increasingly, international law in the form of evolving human rights norms also applies to the relationship between individuals and their states and may specify rights and duties for individuals in certain circumstances.” (p.4)

21. Traditional vs. Modern Question:
Is it a good idea to include individuals?
What are some pros and cons for including individuals in the modern definition?
Write down at least 3 pros and 3 cons.

22. What is International Law?
So now you have an idea of what international law generally involves. We see that it refers to a set obligations that states and other potential entities agree to be bound by. It also governs or influences the relations that states (& other potential entities) have with each other.

23. What is International Law?
But can international law really be taken seriously? Some people are skeptical After all, what is to stop governments from complying only when it is convenient?

24. Is international law really law?
Essay Question
«A legal system grounded in the will of its subjects, that does not posses a centralised legislature or effective means for its enforcement cannot be a form of law at all.»
Discuss

25. Is international law really law?
There are several ways to think about law.
In the domestic legal system,
- we think of law as the rules that the government issues to control the lives of its citizens.
- Those rules are generally created by the legislature,
- interpreted by the judiciary, and
- enforced by the executive branch, using the police, if necessary, to force citizens to obey.
What is law for the international community if there is no one legislature, judiciary, executive branch, or police force?

26. Is international law really law?
What is law for the international community if there is no;
- one legislature,
- judiciary,
- executive branch, or police force?

27. Is international law really law?
Imagine a school playground with several children at play.
The “law” is the set of playground rules that the teacher tells her students.
For example, she might tell them, “Don’t hit your classmate.”

28. Is international law really law?
Two different reasons can explain why the children will follow this rule.
On the one hand, they may follow the rule only because they are afraid of being punished by the teacher.
On the other hand, the students may believe that it is a bad thing to hit their classmates.
Since it is a bad thing to do, they will follow the teacher’s rule.

29. Is international law really law?
In the first case, they will obey the rule only if the teacher is there and ready to punish them.
In the second case, students will obey the rule even if the teacher is not there.
In fact, even if the teacher is not present, the children may obey the rule because
- they have become used to not hitting each other and
- have therefore enjoyed playing with each other.

30. Is international law really law?
Just as certain common understandings between children may make it easier for them to play, collective agreement on certain rules can often serve the interests of all the members of a community.
Just as on a playground without a teacher, in the international setting there is no central authority.
For the most part, however, states will follow the rules they have agreed to follow because it makes these interactions easier for all parties involved.

31. Is international law really law?
But is international law really law?
When we look at the sources of international law,
- its binding force does not come from the existence of police, courts and prisons,
- it is based on the consent (express or implied) of states, and national self-interest:
«if a state is seen to ignore international law, other states may do the same.
The resulting chaos would not be in the interest of any state.»

32. Why Do States Obey International Law?
First let’s hear from you!
List your own reasons (at least 4) on a sheet of paper.
Allotted time: 10 minutes

33. Motivating Factors for Compliance
Although there are many motivating factors for compliance, we will discuss 7 in particular :
Desire for Order & Predictability
Consent & Obedience
Enlightened Self-Interest
Credibility & Reputation
Law Habit
Reciprocity
World Opinion

34. Motivating Factors for Compliance Desire for Order & Predictability
“. . . Given a choice, most individuals will prefer order and predictability.” (p.16)
After all, who wants to live in a constant state of chaos and uncertainty? We all would like to live our lives in peace.
“Maintaining normal relations with other countries depends upon the predictable behavior of others.
The observance of the known rules of international law thus becomes a requirement for states.” (p.16)

35. Motivating Factors for Compliance
Desire for Order & Predictability (cont’d)
States’ desire for order can be found in a variety of examples.
Here is one:
Standing instructions for government personnel.
“Standing instructions try to anticipate potential problems and give specific procedures for dealing with them according to international law.” (p.16)

36. Motivating Factors for Compliance
Desire for Order & Predictability (cont’d)
For example,
- What if a group of foreign diplomats decide to visit your city?
- How should local police behave?
- What if something happens (i.e., a traffic accident or some other problem)?
- How should local police handle it?
- What about embassy staff? How should those people behave?

37. Motivating Factors for Compliance
Desire for Order & Predictability (cont’d)
These questions would be addressed by standing instructions.
Standing instructions allow not only your government, but also other states to know what is appropriate. 37

38. Motivating Factors for Compliance
Consent and Obedience
According to the text, “[m]any writers believe that because states make the law through their formal consent, they necessarily feel obligated to honor the rules in order to achieve specific common aims.”

39. Motivating Factors for Compliance Consent and Obedience (cont’d)
Here is a quote from the Lotus case (we’ll discuss Lotus later on):
“International law governs relations between independent states.
The rules of law binding upon states emanate from their own free will as expressed in conventions or by usages generally accepted as expressing principles of law and established in order to regulate the relations between co-existing independent communities or with a view to achievement of common aims.” (p.16)

40. Motivating Factors for Compliance Consent and Obedience (cont’d)
In other words, most of the time, when states provide their word (or agreement), then those states usually feel bound to honor it.

41. Motivating Factors for Compliance Enlightened Self-Interest
In our day-to-day activities, why do we follow rules (even if we don’t feel like it)?

42. Motivating Factors for Compliance Enlightened Self-Interest (cont’d)
You follow the rules because they are in your best interest!
And the same thing is true for independent states.

43. Motivating Factors for Compliance Credibility and Reputation
Having a good reputation is a very valuable asset to have.
Consider this real-life example:
- Have you ever asked a favor from a friend?
- What if this friend told you he would perform this favor for you and then later on decided not to?
- How would you feel?
- Would you ask anything else of this friend?
- Why or why not?

44. Motivating Factors for Compliance Credibility and Reputation
Here’s another example:
- Do you shop at Forum or Real? Do you shop online?
- How do you choose where to shop?
- Do you often ask others’ opinion when considering a place to shop?
All of these questions are real-life examples of how credibility and reputation influence behavior and relations with others.

45. Motivating Factors for Compliance Credibility and Reputation
This also applies to relations between independent states.
“Having the reputation of keeping one’s word and dealing within the law can facilitate good relations and aid in achieving goals that require the cooperation of others.
A reputation for principled behavior and for being dependable and reliable is a [valuable asset].” (p.17)

46. Motivating Factors for Compliance Credibility and Reputation
“Conversely, having the reputation of not honoring one’s bargains or playing by the rules can seriously inhibit the pursuit of goals, no matter how powerful you may be.” (p.18)

47. Motivating Factors for Compliance
Law Habit
"In our lives, we obey rules out of habit.
For example:
- When driving, we accept the traffic rules and generally follow them when we get into our cars.
- The same applies in the international arena.
“Routine observance of the rules promotes a ‘habit of law’ – a simple acceptance of the law as a factor in everyday decision making.” (p.18)

48. Motivating Factors for Compliance
Reciprocity
“One cannot complain when he is treated as he treats others.”
- Emmerich de Vattel

49. Motivating Factors for Compliance
Reciprocity
“Any government contemplating a violation of a rule of law must consider the reactions of other states. . .
[Indeed], a government’s observance of an obligation stands as the condition that guarantees the observance of other governments, and vice versa.” (p.18)

50. Motivating Factors for Compliance
Reciprocity
Let’s take a look at some examples:
Treaties – “A treaty is no more than a set of conditional promises:
- to get the benefits promised by the other party, governments must give the benefits they have promised.” (p.18)

51. Motivating Factors for Compliance
Reciprocity
Examples:
Reciprocity Legislation – For example:
State X may “enact a [law] that would permit individuals from a foreign country to exercise certain rights within [its borders] only if the foreign country extends the same rights and privileges to [State X’s citizens within that foreign country’s borders].” (p.19)
2644 sayılı Tapu Kanunu
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52. Motivating Factors for Compliance
Reciprocity
Examples:
Diplomatic Relations – “Every receiving state most likely has diplomats of its own in other countries.
Observing and enforcing the rules of protocol and immunity for resident diplomats are primary conditions of having other states treat your diplomats in the same manner.” (p.19)

53. Motivating Factors for Compliance
World Opinion
Although this one may be a little difficult to prove, some believe that what the world thinks of a state may have some bearing on how the state behaves.
For example:
- If State X is known to be an oppressive abuser abuser of its citizens, the world may form a negative opinion of this state.
In turn, this may affect its foreign relations with other states.
Think of it as peer pressure on a large scale. :-)

54. SUMMARY
International law comprises a system of rules and principles that govern the international relations between sovereign states and other institutional subjects of international law.
It operates alongside international diplomacy, politics and economics.

55. SUMMARY
The most cogent argument for the existence of international law as a system of law is that members of the international community recognise that there exists a body of rules binding upon them as law.
States believe international law exists.
This acceptance of the reality of international law by the very persons to whom it is addressed exposes the weakness of those who argue that international law does not exist.

56. SUMMARY
While international law has never been wholly dependent on a system of institutionalised enforcement, the absence of a “police force” or “compulsory court” of general competence does not mean that international law is impotent.
There is no doubt that a very important practical reason for the effectiveness of international law is that it is based on common self-interest and necessity.

57. SUMMARY
Today, international society is more interdependent than ever and the volume of inter-state activity continues to grow.
International law is needed in order to ensure a stable and orderly international society.

58. SUMMARY
It would be a mistake to conclude that international law is a perfect system:
*There is much that could be reformed and enhanced.
* There is a general lack of institutions.
* The content of the rules of international law can be uncertain.
* States may elect to ignore international law when their vital interests are at stake.
* States are able to violate basic rules, such as the prohibition of violence without fear of being coerced.

59. SUMMARY
The juridical force of international law does not derive from a traditional conception of law, nor is it based on consent, or derived from natural law.
Its force comes from the fact that it is needed to ensure that international society operates efficiently and safely.
“Law” is the hallmark of any political community and is necessary for the society to function and, because it is necessary, it is ex hypothesi binding.

60. Wrap-Up This material is a basic introduction of international law.
We explored definitions, various perspectives, and some motivational factors for compliance.
Please review your notes on this presentation. This material will be included on both the quizzes and the exams.

61. What’s Next . . .
Sources of International Law (Chapter 3 for those following along in the text)
Discuss in detail the various sources of international law
Discuss possibilities beyond Article 38.