FAQs on International Law

What is international law?

International law is the system of law governing the relationship between states. It regulates how states interact with each other, and what happens when states disregard the law. International law covers laws of the sea, territorial disputes, state recognition, treaty law and use of force, amongst others.

International law is enforced by the states themselves. Breaches of international law, such as a breach of a treaty, could result in trade or diplomatic sanctions. Other breaches of international law could lead to military intervention.

What are the main sources of public international law?

International law is made up of a number of sources. It consists of:

Customary law, which are accepted practices
Jus cogens, which are widely-accepted fundamental standards
International instruments, such as treaties. Treaties only apply to those states who are signatories

How does EU law fit into international law?

The law of the EU is part of international law as it governs the relationship between the European member-states. Within the broader structure of international law, the EU can act as a single entity.

Does the EU have its own court?

The EU has its own court - the European Court of Justice (ECJ) in Luxembourg. This is separate from the European Court of Human Rights that was established by the European Convention on Human Rights.

The ECJ hears disputes between states, and between individuals and states. National courts can refer preliminary questions to the ECJ for clarification on points of EU law. The ECJ issues an opinion and the national court decides how to interpret the opinion, based on the facts of the case.

What is the role of the UN?

The UN is one of the main bodies within the framework of international law. The UN Charter sets out the organisation’s main aims:

To prevent war
Promote social progress
Reaffirm fundamental human rights and dignity

Additionally, the UN seeks to establish a stable structure for the workings of international law.

The UN consists of 193 member states and it is sub-divided into a number of organisations that carry out different functions. These include the Security Council, the International Court of Justice, the General Assembly, and the International Criminal Court.

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