What is International Law, and Why Does it Matter?

Uzone.id – International law is a branch of law that contains a set of rules, norms, and principles that regulate relations between countries, international organizations, individuals, and other entities in a global society. This law aims to create order and regulate various issues crossing national borders, such as peace, trade, human rights, the environment, etc. 

As a legal system that applies globally, international law has a very important role in maintaining relations between countries so that they remain harmonious and in accordance with the principles of justice.

The History

International law history begins with traditions and habits that developed between nations, ultimately forming more formal rules. One of the important milestones in the development of international law was treaties that regulated relations between countries, such as the Treaty of Westphalia in 1648, which ended war in Europe and started a system of sovereign states.

In the 19th and 20th centuries, with the emergence of international organizations such as the League of Nations and the United Nations (UN), international law began to develop to be more structured. 

For example, the UN Charter adopted in 1945 created the basis of modern international law by establishing basic rules regarding human rights, international peace and security, and the principles of state sovereignty.

Sources of International Law

International law not only emerges from one source but originates from various documents and practices accepted globally.

• International Agreement

An agreement made by countries or international organizations that is legally binding could be in the form of conventions, protocols, or treaties. Usually, international agreements were made during international conferences or bilateral negotiations. One famous example is the Geneva Convention, which regulates the protection of war victims.

• International Custom

International customs are practices carried out by countries in the world continuously and are considered legal obligations. Customs developed through state actions carried out with the intention of following internationally accepted legal rules. One example is diplomatic habits in dealings between countries.

• General Principle of Law

Basic legal principles, such as state sovereignty, justice, equality, and the rule of law, underlie international rules, which are widely accepted by countries’ national legal systems.

• International Court Decisions and Expert Opinions

International courts, such as the International Court of Justice (ICJ), play an essential role in enforcing international law by providing binding decisions for countries in dispute. Expert opinions are also often used as a reference in understanding and applying international law.

Branches of International Law

International law includes various branches, including:

• Public international law: Governs relations between states, international organizations, and individuals in international relations.
• International humanitarian law: Regulates the behavior of parties involved in armed conflict, intending to protect civilians and reduce human suffering.
• International law of the sea: Regulates the use of the sea and marine resources.
• International trade law: Regulates trade in goods and services between countries.
• Human rights law: Regulates the protection of human rights at the international level.

Why does International Law Matter?

Interactions between countries and international organizations are becoming more complicated in today’s globalized world. International law contributes to the prevention of war and armed conflict by establishing a framework for peaceful dispute resolution. It also promotes collaboration in various areas, including trade, the environment, and human rights.

It also fosters cooperation in areas such as trade, environmental protection, and human rights while helping nations protect their interests, including land, natural resources, and citizens. At its core, international law aims to ensure fairness in global interactions.

However, enforcing international law can be challenging. Not all countries feel obligated to follow international rulings, and differing priorities between powerful and smaller nations often complicate its implementation.

Despite these challenges, international law remains essential for promoting justice and maintaining a peaceful global order.