International Law establishes normative guidelines and a common conceptual framework, for states to follow across a broad range of domains, including war, diplomacy, trade, and human rights. International law provides a mean for states to practice more stable, consistent, and organised international relations.
In the 1700s, an essay book called “Hugo – the Great of the Truth of the Christian Worship”, along with the earlier works of writers such as Francisco de Vitoria and Alberico Gentili laid what are known as the foundations for international law.
International Law weaves through a complex range of international treaties and agreements between hundreds of different countries, and is often very complex. Even most everyday Lawyers haven’t the first clue regarding International Law. The United Nations (UN) is the prime source for international law.
This defines the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries. Its domain encompasses a wide range of issues of international concern, such as human rights, disarmament, international crime, refugees, migration, problems of nationality, the treatment of prisoners, the use of force, and the conduct of war, among others. It also regulates the global commons, such as the environment and sustainable development, international waters, outer space, global communications and world trade.
The Security Council and International Law
Some of the action of the Security Council have international law implications, such as those related to peacekeeping missions, ad hoc tribunals, sanctions, and resolutions adopted under Chapter VII of the Charter. In accordance with Article 13(b) of the Rome Statute, the Security Council can refer certain situations to the Prosecutor of the International Criminal Court (ICC), if it appears international crimes (such as genocide, crimes against humanity, war crimes, the crime of aggression) have been committed.
The General Assembly and International Law
The UN Charter gives the General Assembly the power to initiate studies and make recommendations to promote the development and codification of international law. Many subsidiary bodies of the General Assembly consider specific areas of international law and report to the plenary. Most legal matters are referred the Sixth Committee, which then reports to the plenary. The International Law Commission and the UN Commission on International Trade Law report to the General Assembly. The General Assembly also considers topics related to the institutional law of the United Nations, such as the adoption of the Staff Regulations and the establishment of the system of internal justice.
General Assembly – Sixth Committee (Legal)
The General Assembly’s Sixth Committee is the primary forum for the consideration of legal questions in the General Assembly. All UN Member States are entitled to representation on the Sixth Committee as one of the main committees of the General Assembly.
International Law Commission
The International Law Commission promotes the progressive development of international law and its codification. The Commission’s work on a topic usually involves some aspects of the progressive development, as well as the codification of international law, with the balance between the two varying depending on the particular topic.
United Nations Commission on International Trade Law (UNCITRAL)
The United Nations Commission on International Trade Law is a core legal body of the United Nations system in the field of international trade law, with universal membership, specializing in commercial law, with a focus on the modernization and harmonization of rules on international business. The UNCITRAL Secretariat has established a Case Law on UNCITRAL texts (CLOUT) system for collecting and disseminating information on court decisions and arbitral awards relating to the Conventions and Model Laws that have emanated from the work of the Commission.
The UN Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea lays down a comprehensive regime of law and order in the world’s oceans and seas, establishing rules governing all uses of the oceans and their resources. The Division for Ocean Affairs and the Law of the Sea (DOALOS) of the Office of Legal Affairs of the United Nations serves as the secretariat of the Convention on the Law of the Sea.
UN Treaty Database
The Status of Multilaterial Treaties Deposited with the Secretary-General online database provides the most detailed information on the status of over 560 major multilateral instruments deposited with the Secretary-General of the United Nations and covers a range of subject matters, such as Human Rights, Disarmament, Commodities, Refugees, the Environment, and the Law of the Sea. This database reflects the status of these instruments, as Member States sign, ratify, accede to, or lodge declarations, reservations or objections.
The Internal Justice System at the United Nations
A new Internal Justice System for the United Nations was introduced in 2009, with the goal of having a system that was independent, professionalized, expedient, transparent and decentralized, with a stronger emphasis on resolving disputes through informal means, before resorting to formal litigation. Because the United Nations has immunity from local jurisdiction and cannot be sued in a national court, the Organization has set up an internal justice system to resolve staff-management disputes, including those that involve disciplinary action.
Legal Resources and Training
The historic archives at the Audiovisual Library of International Law provide a unique resource for the teaching, studying and researching significant legal instruments on international law.
Legal Technical Assistance for UN Member States
The United Nations currently offers Member States technical assistance in connection with a range of legal matters. Such assistance includes the provision of advice, expertise, research, analysis, training or other assistance.
(Gratitude is given to the UN for use of some of its public information regarding International Law used on this page).