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3 interactions with students in weekly discussion
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International Law WK1 Interaction Students
Week I topic:
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.
A, B and C DiscussionsContains unread posts
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 G – You represent the State of Anarchy (A)
If your last name starts with H through Q – You represent the State of Boring (B)
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:
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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.
Please interact with the following 3 students. Don’t forget to ask them a question.
Student #1 (KS) Post
PART I
Hello Class!
Happy to be learning with you all.
The question of whether international law qualifies as genuine law sparks a nuanced debate,
embracing diverse perspectives. My stance aligns with the scholars featured in this week’s
readings, acknowledging international law as a legitimate legal system, albeit distinct from
domestic legal frameworks. International law lacks a centralized enforcement mechanism akin to
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domestic legal systems. Its legal character is held together through the establishment of
international tribunals, such as the International Court of Justice.
The sources of international law is preserved in the Statute of the International Court of Justice.
It includes treaties, customary international law, general principles of law recognized by civilized
nations, and judicial decisions. Treaties serve as explicit agreements among states, embodying
their consent to be bound by specific rules. Customary international law, rooted in consistent
state practice and opinio juris, reflects a general acceptance of certain norms. General principles
of law, common to various legal systems, contribute to the formation and interpretation of
international law. Judicial decisions contribute to the development of customary law.
However, challenges persist in evaluating what international law is or should be. Critics argue
that the lack of a centralized legislative authority, like a world parliament, undermines
international law’s efficacy. Moreover, disparities in state power and differing cultural
perspectives create hurdles in achieving universal consensus. Nonetheless, proponents contend
that international law’s flexibility and adaptability allow it to accommodate diverse legal
traditions and address evolving global challenges.
International law derives legitimacy from state consent, customary practices, and recognized
legal principles. Its evolution is shaped by the dynamic interplay of state actions, treaty-making,
and evolving norms. While international law may lack the coercive apparatus present in domestic
legal systems, its significance lies in fostering cooperation, resolving disputes, and contributing
to a more ordered global community.
“Statute of the International Court of Justice.” Statute of the Court Of Justice |
INTERNATIONAL COURT OF JUSTICE, www.icj-cij.org/statute. Accessed 5 Jan. 2024.
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Verma, Ayush. “What Is International Law All About.” iPleaders, 4 Mar. 2022,
blog.ipleaders.in/subjects-international-law/.
Part II
I am from the Nation of Cabal
1. Our flag is purple and white with a large sun in the middle.
2. Our country’s #1 food export is beans. Any beans. All beans. The bean capital of the
world.
3. Cabal maintains a well organized state-militia that functions at the regional level. It is
100% voluntary, and there is no shortage of volunteers.
4. There are many hills and mountains in the country which improves defensibility. It also
encourages strong regional cordoning. Cabal has a strong sense of nationalism.
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Student #2 (EW) post
Part I:
Introduction
International law, as is true with any synthetic human creation of law, has weaknesses and
strengths. The weaknesses give rise to the negation of the system of justice and pejorative attacks
on the whole system. The strengths tend to lend themselves to a narrative of support and a “pie in
the sky” conceptualization that supports the rule of law, man made though it may be. Thus, in
any given system of law, neither of these narratives conceptualization independently tells the
truth as to the reality with the context of how or why law really works.
To this end the question to be examined should turn on the purpose of international law and to
what degree the stated goals of justice and equity are achieved. The narratives postulated on both
sides of the argument proposed in this discussion, must be analyzed, and shown to be inadequate
support for the positions held. Here then, an eclectic more realistic view can be formulated, more
complete narrative in the consideration of international law existential nature as real law can
begin to be formulated for consideration.
Body
Pejorative attacks on the law as well as praise for the law tend to be more relegated to specific
the considerations of winners and losers. The deceptive consideration here we must be aware of
is that there are several aspects of the justice system which have different functions in support of
the whole.
In this discussion the specific question is about the existentialism of international law. I find then
that the argumentation leveled at inequality of application according to varying factors such as
wealth, power, influence is more a function of a trust in the international justice system. Cases
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and instances of application of international law must be brought to the international system of
justice for any action to go forward. Thus, the inability or nonconformity of the application of
sanctions to include the weakness of sanctions and under enforceability of the system speaks
more to the aspects of the enforcement aspects of international system than it is an indictment of
true existentialism of international law.
Thus, as any law is real law according to the submission of those over which the law was created
to guide, the function of the system is where the question of efficacious nature of international
law is another matter not to be confused with the question on international law being real law.
Conclusion
As the controversy on international law existential nature in real is a measure of the legitimacy
and the authority of international law, the ability for law to support the courts in holding
accountable those who would transgress the law, can only be said a be a function of the power of
the court and the broader power and jurisdiction of a given legal system.
Thus, by comparison any case or group of cases can be extracted to show, “either or” view of
international law and its relevance to being real law. This “either or” view is not only a false
dichotomy for the sake of philosophical argument but is, as well, a circular misdirection of
redundancy with no real answer.
This consideration shows that international law is just as much law as any other and that an
eclectic conceptualization is more appropriate to the consideration so that the narrative on
international law is less divisive than “either or narratives” espoused.
Reference
Grant, John P.. International Law, Edinburgh University Press, 2010. ProQuest Ebook
Central, https://ebookcentral.proquest.com/lib/apus/detail.action?docID=1665332.
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Part II:
The colors of the United States flag are red, white, and blue – a field of blue reflects the honor of
our nation and serves as a backdrop for 50 white stars representing the current number of states
which comprise our nation. The 13 stripes representing the original 13 colonies and alternating
red and white stripes, with red for the blood of our nation and white for the purity of our nation,
which reflects a conservative pattern of national ideals and identity. Paying attention to this now
in my later years and in the context of the times we are in, it is interesting that the stripes begin in
red, and end in red.
Burgers and fries McDonalds. Of course, this is just one consideration out of thousands across
our nation, although there are a few but, very small towns in which a McDonalds cannot be
found. One is Kotzebue Alaska.
Our nation’s hard power consists of hard-core regulars and reservists of the Army, Air Force,
Space Force, Cost Guard, Navy, and Marines. While any one of the United States forces can take
the lead in an action the primary force relied upon is the traditional army regulars. At present we
have an all-volunteer force with ready reserve for each branch. However, should the world
situation deteriorate and decay to a point of restoring order by force a draft may be instituted.
I am rather conflicted, confused, and depressed at times as I reengage with classes and current
events. The political and social paradigm in which we find ourselves today is in fact, one of our
own making. I have always believed that the only thing that has changed about mankind is time.
Thus, man’s basic nature remains selfish. In fact, the circumstances of our national and social
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predicament, has made me realize and decide to not pursue the bar should I finish my law
degree. There is no sense in such pursuits for me anymore when logic collides with fantasy and
make-believe takes over. I hope to finish this course and this masters, but I will get done with my
law degree and return to the hard sciences. Practicing law is not a group to which I want to
belong.
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Student #3 (MW) Post:
Part I:
Class,
I believe international law is more of a formal standard of practice or expectation that largely
goes without action in the form of enforcement or application. In our readings, international law
is shown to be great in the efforts of organizations and coordination between states, but many
cases and decisions by major international courts largely fail to ever have those decisions
enforced upon the guilty. The real issue that exists in the organized acceptance of laws is the
crucial reliance on voluntary membership. If you were being accused of committing a crime or
having done something that has been determined to be wrong, if you could simply say no, I’m
going home and not listening to this, you would. This is the very same common issue in
enforcing international court decisions in that whatever nation or state has been charged with a
violation will simply say nope, not adhere to this decision, or simply leave the organization or
treaty all together. In the few cases where enforcement has been effective, the nations that agreed
to adhere to those decisions remained as members and accepted the decision. Much more
common is the argument for national interest concerns or a nation’s sovereignty as a viable
refusal to a international law or decision. As important in its applicable use of refusal,
discrimination, or the argument of being targeted by international organizations has also served
to be used in refusal. In much of its use, international law can serve to deter or create attention
for protests of a state’s actions. If strong negative attention and publicity throughout the world
have highlighted an issue, it could serve to prevent further actions from continuing. This,
matched with the use of sanctions or other negative repercussions, can send a strong message to
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countries such as Putin’s Russia to stop kidnapping children and shipping them deep into Russia
for re-wiring to be patriotic Russian citizens.
When we look to determine what such international laws should be, it is standard practice to
observe those behaviors or practices that are common or going rates of those parties or nations.
Known as customary international law, these are the applications and practices that are so
common or normalized that they can be observed and labeled for inclusion as international law.
Treaties or formalized agreements also become binding international law when they are agreed
upon. These topics for determination of inclusion cover many forms, from humanitarian,
banking, conflicts, sovereignty, member disputes, and much more, to finding themselves
included in treaties. In all these examples, it is the goal of international organizations to set a
standard of laws to ensure a more harmonious experience for the people who are represented by
their nation’s membership. Thank you for giving my first discussion your attention, and I look
forward to hearing what you took away from our first week’s readings on international law soon.
Part II:
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!
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The Nation of Cabal’s flag holds a green background, standing for the greener grasses far away
from our native lands we left. The blue with white waves symbolizes the rough waters we
traveled to and the seas that surround and protect our nation. Finally, we hold a large white star
with our native tropic bird in the center as we hold ourselves to be the beacon of hope for a
harmonious nation based on capitalism and citizen governance.
2. What is your country’s number one food produced for export?
In Cabal, we have a fortune of tropical fruits from our island for export. Our main source of food
for export would be bananas or pineapples, as they are the finest in the world.
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?
Our military is an all-volunteer force with a high degree of focus on naval/armada capabilities. A
sufficient land force is also reserved, as we recognize the need to defend our island from
invasion. Being a land governed by the people, we choose to serve and protect the harmony and
peace we worked so hard for in leaving our native lands. In our capitalist interests abroad, we
require a good navy to protect our exports and manufacturing interests from being controlled or
blocked.
4. Is there anything else you would like to share with the class about your country?
In Cabal, we strive to maintain strength and independence through strong economic means of
production and industrial development. We believe a strong and fair economy focused on
capitalistic principles will serve to fuel our rise and successful recognition on the world stage.
We would like to highlight the growing tensions with our previous native countries in the
consistent blocking of our statehood recognition, as we are the shining example of what a
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properly elected citizen government can create for its nation, free from overbearing government
control and dangerous degrees of lawlessness.
Thank you!
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WKI Reading Materials
WK1
The Nature, Development, and Sources of International Law
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)
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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):
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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
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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
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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,
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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:
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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.
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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
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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.
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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 l
