International Relations & Public International Law

The United Nations creates most public international law today.

International relations is the study of interactions among international entities or organizations around the world. These interactions include foreign affairs, treaties, wars and any other issues that exist between nations. Public international law is a form of international law that governs the interactions between nations, unique entities such as the Vatican and non-governmental organizations such as the United Nations.

History

The first written work on public international law came from Muhammad al-Shaybani during the 8th century. Al-Shaybani, a jurist from the Hanafi School of Islamic Law and Jurisprudence, wrote a treatise on issues surrounding international law, ethics, economic jurisprudence and military jurisprudence. Francisco De Vitoria and Hugo Grotius also developed these concepts further, but public international law was first practiced among nations successfully through the Peace of Westphalia in 1648. Since the Peace of Westphalia, nations have been constrained by a growing set of rules outlined by treaties and public international law.

Significance

Public International Law has become an essential tool to deal with the effects of globalization. Nations and peoples from around the world interact on a nearly constant basis today, and the need for public international laws to regulate these myriad interactions has become more apparent. Thousands of transactions, goods, services and travelers are regularly being exchanged between countries, and the only kind of law that is constant among all nations is public international law.

Function

Without the international system of relations between nations and the public international law that binds them, the world would exist in a constant state of warfare. Through organizations like the United Nations and with the help of treaties between countries, public international law acts to regulate the behavior of nations toward one another. Nations are encouraged to take any action through the UN General Assembly and the UN Security Council instead of acting unilaterally. Multinational support through the UN is sought before sanctions or military action can occur within public international law.

Types of Public International Law

There are four different types of public international law. First, there is treaty law, which includes agreements between nations. Next, the law of the sea regulates international waters with regards to trade, fishing and piracy. Third, international criminal law is used to prosecute individuals accused of heinous crimes or war criminals accused of ethnic cleansing or genocide. Finally, international humanitarian law encompasses the laws of war, as outlined by the Geneva Convention and the Hague Convention, which ensure the humane treatment of prisoners of war and civilians in war zones.

Misconceptions

There is a certain historical misconception about the origins of public international law. Initially, Western scholars believe Hugo Grotius to have provided the first comprehensive work in this field of study, but it was discovered that the Islamic scholar Muhammad al-Shaybani led the way in this endeavor more than 800 years before Grotius was born. In fact, much of the foundation of later European thought on public international law came from al-Shaybani's original work.

References

• Columbia University: Researching Public International Law
• NYU Law: Public International Law Research
• Burneylawfirm.com: International Law; A Brief Primer for Informational Purposes Only
• United Nations and the Rule of Law
• Justice Without Frontiers: Protecting Human Rights in the Age of Technology; C. G. Weeramantry; 1998

Resources

• Steptoe and Johnson: Public International Law Overview
• United Nations: International Law
• Public International Law and Policy Group