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LSTD507 INTERNATIONAL LAW
DISCUSSION BOARD WK1
Topics:
Welcome to International Law! For Week 1, please complete your initial post for Part 1 in this
Discussion forum.
Part 1:
In your initial discussion post this week, discuss whether international law is truly law? What
are your thoughts, as well as the views of the scholars you learned from in this week’s
readings? Where does international law come from and what sources should we look to when
evaluating what international law is or should be?
Part 2:
Complete your discussion in the A, B, C Discussions below.
STOP! Read ALL of the instructions below BEFORE you post!!!
First, read the Week 1 Assignment instructions and communicate with the other ambassadors of
your country. Once you have decided on your answers in the assignment, you may proceed with
your discussion post here.
Label the title of your initial post with A, B or C for your island.
As a reminder:
If your last name starts with A through I – You represent the State of Anarchy (A)
If your last name starts with J through Q – You represent the State of Boring (B) (I am
Here)
If your last name starts with R through Z – You represent the State of Cabal (C)
Discuss with others in your assigned nation-island state and post the following:
1. What are the colors of your flag, and what does it look like? You don’t need to provide a
graphic, but you are encouraged to do so to share with the class!
2. What is your country’s number one food produced for export?
3. What type of military does your country have? Is it mainly naval/armada, land forces, etc., or
does it not maintain one? Is it mandatory by selection or classification to join, or does it simply
recruit volunteers?
4. Is there anything else you would like to share with the class about your country?
*Don’t forget that you may contact your fellow ambassadors from your nation by email, instant
message, exchange phone numbers or simply have these discussions in the Week 1 Discussion
forum. Try and have fun with this assignment! Don’t forget that, once you complete this
discussion and selections as a group, you will each need to individually complete the Week 1
Assignment in the Assignments tab, as well.
READING MATERIALS WK1
Welcome Ambassadors!
Throughout this course, we will be using a simulation of three nation states for our discussions
and the projects in the Assignments tab. At times, you may need to reach out to a fellow student
or your professor to complete the tasks. Each person in the class will be assigned to one of the
three island nations of:
State of Anarchy (A)
State of Boring (B)
State of Cabal (C)
For the purposes of this class, you will be an ambassador representing the people of a nation state
based upon your last name:
If your last name starts with A through I – You represent the State of Anarchy (A)
If your last name starts with J through Q – You represent the State of Boring (B) (I am
here)
If your last name starts with R through Z – You represent the State of Cabal (C)
*If there are no students in the class with a last name that can be assigned to one of the above
nations, your professor will be reassigning students to different countries or will be filling in and
representing that country. You may contact them to complete any assignments or discussions as
needed.
Background of Your State:
Please read below to learn more about the background of your Island, before completing this
week’s discussion.
State of Anarchy (A):
In this country, the people do not believe in a central government. Despite this fact, this nation is
a recognized state in the United Nations and recognized by the rest of the world as a member
state. Its lengthy existence and role in the world has outweighed its need for a centralized
government. It rules in a very lawless way, through the use of the citizens’ own firearms and
make the rules up in each town or city as needed, which is governed by a sheriff of their
choosing. Despite the lack of regulation, the citizens tend to be quite self sufficient, living off
the land and sea. They do not believe in taxation of any sort. Living here can be quite dangerous
due to gangs and the ruthless individuals who roam the countryside. Due to the lack of laws,
there are many vices, such as gambling, prostitution and drugs. Many tourists enjoy coming to
visit to partake in the party lifestyle offered by Anarchy, which contributes greatly to its
economy.
State of Boring (B):
The State of Boring is ruled by a King, who controls all lands on his island nation. It too is a part
of the United Nations and maintains member state recognition. The ruler comes from a familial
dynasty that has ruled for hundreds of years and will someday be passed to his son, the
prince. The country is an industrial nation that creates goods which are exported to many other
nations. It also has a rich farming history. Due to its tight regulations, the people of this nation
value environmental conservation, organic foods, well made luxury items, and a much quieter
life than its neighbors in the State of Anarchy. In fact, obtaining a visa to visit Boring is quite
difficult; it has highly monitored borders. This prevents many outsiders from entering the lands,
and in some cases, has separated families with those who have left the island for many
years. Lastly, the taxes required to be paid to the monarchy here are quite high and can be at
times oppressive to those in the working class.
State of Cabal (C):
The state of Cabal consists of residents of Anarchy and Boring who braved the dangerous ocean
waters in their boats to travel to a new island that was vacant. Having resisted the overbearing
rule of the State of Boring and fearing for their lives on the State of Anarchy, these residents
sought refuge in a new land where they could create a country of their own. This land is one of
peace and harmony that is governed by a centralized government chosen by the people. They are
interested in pursuing trade with other countries to import and export their goods, as well as
beginning an industrial revolution in manufacturing. It is a capitalist society. The taxes go to
fund social programs to benefit the residents. The country has submitted for statehood to
become a member of the United Nations; however, Anarchy and Boring refuse to recognize it as
one as they see it only as composed of traitors who left their respective countries. This tends to
be one of the few things that Anarchy and Boring have ever agreed upon throughout history.
Participation:
Please note that the activities in this class will require you to actively participate with your
classmates and instructor each week. You are encouraged to participate as early as possible in
the discussions each week, so that you have plenty of time to complete your weekly assignments
in the Assignments tab. However, the standards have been built so that even if nobody else
participates, you can still succeed. Because you will be graded in this way, there is no reason to
fear any possibility that your grade will be negatively affected if your classmates or a partner
does not fully participate. If that should ever happen, such a failure will affect only those who do
not carry out their collaborative duties; it will not affect those who do fully participate. If you
have DSA extension paperwork, please be sure to provide this to your instructor as soon as
possible in Week 1. Don’t hesitate to communicate actively and often with your instructor, as
well as your partner on assignments. Your instructor can step into the role of a partner or
classmate as needed throughout the class to help you complete discussions and
assignments. They can also assist you if you need additional time to complete an
assignment. Your instructor’s email address is found on the ‘Course Home’ tab of the class above
by scrolling down and looking to the right-hand side of the page under their photograph. Most
importantly, have fun!
Week One Introduction:
This week, we will be examining and discussing what international law, where it comes from,
and sources of international law. As you learn about these topics each week, consider how they
apply to your island state, their importance in the world today, as well as how these issues are
changing daily around the world depending on your perspective.
In addition to our Welcome Discussion, you will complete the Week 1 Discussion in which there
are two parts. Part 1: We will be discussing whether international law truly is law, as well as
where it comes from. Part 2: You will need to find the others in the class to discuss your
assigned country. There will be questions posed to your country that you should decide upon as
a group. You may discuss these directly in your assigned discussion forum, via instant message,
email or by phone. However, don’t forget to post your answers to share with the class in the
discussion forum.
After you complete these tasks in the discussion, you should then complete the Week 1
Assignment in the Assignments tab under Course Tools, as well. Don’t forget, if you are the only
one assigned to a particular group, you may consult with your professor. However, for the Week
1 Discussion, if you are alone, you are free to make all of the selections independently and do not
need your professor’s input or approval.
What is International Law?
Quite simply, international law is the study of the laws that govern the world. It involves the
legal analysis of basic fundamentals of the source of law that are applicable to many nations,
individuals, organizations and businesses. International law is incredibly vast in that it contains
many topics, such as travel, commerce, war, fundamental rights, environment, species, human
kind, maritime, agreements, politics, communications, etc.
As a student of law, you have the ability to further advance your studies in many specific areas of
international law. In this course, we will be examining the fundamentals of international law,
such as statehood and subjects, use of force and war, international human rights and international
humanitarian law, world courts, law of the seas, and international environmental law.
Many scholars have long debated whether international law is law at all. When analyzing
national law, such as in the United States, it is much easier to examine the history, context
creation, enforcement and adjudication of law. We have rigid societal norms that carry out the
creation and application of laws. For example, governmental leaders create laws which have the
intent to protect the people which are limited to certain geographic boundaries in which they
maintain jurisdiction. Individuals in that jurisdiction are also in charge of enforcing those laws
and, should they be breached, there are set mechanisms for enforcement and adjudication. Real
consequences exist in society for a breach of law, which in turn are enforced by someone or
something in society.
Unlike national laws, there is not one individual/organism/organization that is in charge of the
entire planet that creates laws, enforces them and adjudicates them. While many have argued
that the UN functions in many ways as the controlling authority for international law in the
world, it is not alone and it only governs those nations that are members. We will examine this
further in the upcoming weeks.
Therefore, international laws are much different in that they come from a multitude of sources,
are enforced in many different ways and the adjudication mechanisms or consequences of their
‘breach’ are much more difficult to enact. In some ways, international law (or the study of it) is
much more philosophical in nature. International law requires commitment by nation states and
individuals in their creation, application, enactment, enforcement and adjudication.
Sources of International Law:
The most common sources of international law include treaties, soft law, customary international
law, international declarations, international court rulings and statements, as well as joint
statements made by various foreign countries. “The sources of international law can be defined
as the processes by which legal norms are created, modified and annulled. Customary
International law, as one of the two sources of unwritten international law, is based on two
elements: (i) a general state practice, and (ii) the state’s conviction that this practice is legally
binding.”[1]
“The traditional theory of sources recognizes three sources of international law, as enshrined in
Article 38 of the Statute of the International Court of Justice (ICJ): treaties, custom and general
principles.”[2]
[1]
Ezequiel Heffes, Book Review Essay: Some Reflections On The Theory Of Sources Of
International Law: Re-Examining Customary International Law, 51 Isr. L. Rev. 485, (2018),
available at https://advance-lexis-com.ezproxy2.apus.edu/api/document?collection=analyticalmaterials&id=urn:contentItem:5VP3-XNY0-00KD-H1GX-00000-00&context=1516831.
[2]
Id.
International Conventions or Treaties:
Treaties are simply agreements between countries. Most often, they are written contracts, which
are ratified by a country’s government and signed into effect. They are supposed to binding
agreements on the actions, enforcement and consequences which may occur based on the subject
of the international agreement. They can be extremely complex or very simple. They may
involve only two countries, or many more. In some cases, international agreements may directly
involve international organizations, as well as individuals (leaders of countries) and businesses.
It is important to note that international agreements may also be soft law. This means that they
are not legally binding. Many international agreements, principles and declarations may be soft
law, such as United Nations General Assembly Resolutions. Whereas hard law is defined as
international agreements which are legally binding in nature and discussed further below.
“International conventions, commonly referred to as treaties, are legally binding instruments
given various names (charter, protocol, pact, among others) and govern the rights, duties, and
obligations of participating states. The Vienna Convention on The Law of Treaties (the
authoritative source) defines a treaty as an international agreement between States in written
form and governed by international law, whether embodied in a single instrument or in two or
more related instruments. Articles 31 and 32 of the Convention are important provisions that
supply the rules for the interpretation of treaties. Although the United States is not a party to the
Vienna Convention, it consistently acts as though the Convention is binding international law.
A treaty can come into force once a certain number of nations ratify the treaty, as specified in the
treaty, or upon signature by the parties. However, a treaty cannot bind a nonparty or nonparticipating state. In addition, specific provisions in most treaties will identify when it becomes
legally binding, how compliance will be monitored and measured, how other nations may accede
to the treaty, how and whether the treaty may be amended or modified, and how and when the
treaty will terminate. Treaties are only binding upon states that choose to ratify the treaty.
Generally speaking, states may not invoke a conflicting domestic law to avoid an obligation
under an international agreement. Bilateral treaties between two states are deposited with one of
the parties to the treaty, while multilateral treaties between three or more states are registered
with the United Nations and made available to the public.” Georgetown University Writing
Center, A Guide to the Basics of International Law (2019), https://www.law.georgetown.edu/wpcontent/uploads/2019/08/A-Guide-to-the-Basics-of-Intl-Law.pdf.
General Principles of Law:
“General principles of law constitute common themes familiar to most of the global legal
systems. These rules are essentially domestic laws found in nearly all legal systems (such as civil
law, common law, or Islamic law), that have entered into international law because they are
manifest in most states around the world. Below are some accepted principles that animate many
areas of international law:
• Pacta sunt servanda (“agreements must be kept”) (ex: treaty enforcement),
• Lex specialist derogate generalis (“the specific prevails over the general”) (ex: conflict of
laws); and
• Sic utere tuo ut alienum non laedas (“use your own so as not to injure another”) (ex:
international environmental law).” Georgetown University Writing Center, A Guide to the Basics
of International Law (2019), https://www.law.georgetown.edu/wp-content/uploads/2019/08/AGuide-to-the-Basics-of-Intl-Law.pdf.
International Judicial Decisions:
While we will discuss this in much further detail in Week 6, world courts exist and function
similarly to national courts. However, international judicial decisions are much more difficult to
enforce and require countries’ and/or individuals’ acquiescence to be bound by the court and/or
an international agreement providing for such a dispute resolution mechanism. Even then,
enforcement of a judicial decision may be extremely difficult.
“States have an affirmative obligation to resolve disputes through peaceful means. There are both
non-adjudicatory procedures (not legally binding) and adjudicatory procedures (legally
binding). Non-adjudicatory procedures (in order of formality) are: negotiation, mediation, and
conciliation. Arbitration and judicial settlement are formal adjudicatory procedures based on
law. International arbitration may occur between various parties: a state and an international
organization; a state and a non-state actor; and a foreign investor and a state. There are more
than 125 international judicial settlement bodies and approximately 80 are active and functioning
as judicial bodies. Some courts are regional and others operate based on specialized subject
matter.” Georgetown University Writing Center, A Guide to the Basics of International
Law (2019), https://www.law.georgetown.edu/wp-content/uploads/2019/08/A-Guide-to-theBasics-of-Intl-Law.pdf.
Customary International Law:
What is Customary International law? Article 38(1) of the ICJ Statute identifies its second
formal form of international law as “international custom, as evidence of a general practice
accepted as law.” Therefore, it is something that states do or don’t do for long periods of time,
thereby becoming custom and obligatory in a sense around the world. “As a source of
international law, customary international law (CIL)…it is determined on the basis of ‘state
practice’ (usus or diuturnitas) and the corresponding views of states (opinio juris or opinio
necessitatis).” Ezequiel Heffes, Book Review Essay: Some Reflections On The Theory Of
Sources Of International Law: Re-Examining Customary International Law, 51 Isr. L. Rev. 485,
(2018).
Please complete the following CALI Lesson regarding customary international law at this
link. As a reminder, the log-in information is on the ‘CALI Use and Access’ slide above this one
in the Week 1 Content tab.
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