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PIL Week 4

The text discusses international law, focusing on sovereignty, the basis of obligation, and various theoretical approaches. It emphasizes that while sovereignty implies a state's independence, it does not place states above the law, and explores theories that explain why states feel bound by international law, including positivist, legitimacy, and alternative perspectives. The material highlights the role of consent and practice in international law and sets the stage for further exploration of these principles and their application.

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Amritah Matingwony
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32 views1 page

PIL Week 4

The text discusses international law, focusing on sovereignty, the basis of obligation, and various theoretical approaches. It emphasizes that while sovereignty implies a state's independence, it does not place states above the law, and explores theories that explain why states feel bound by international law, including positivist, legitimacy, and alternative perspectives. The material highlights the role of consent and practice in international law and sets the stage for further exploration of these principles and their application.

Uploaded by

Amritah Matingwony
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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The text on pages 111-120 of the provided source material discusses various aspects of international

law, including the theory of sovereignty, the basis of obligation in international law, and different
approaches to international law theory.
A key concept discussed is sovereignty, which, in the context of international law, is understood to
mean a state's independence, or that it is not a dependency of another state. This independence implies
that no international law rule can bind a state without its consent. However, it is emphasized that
sovereignty does not mean a state is above the law. The concept of state sovereignty is seen as an
attribute of the state as a whole, rather than of a particular part of its domestic constitutional organs.
The source material explores the basis of obligation in international law, noting that various theories
try to explain why states feel bound by international law. Some positivist theories consider that
international law is binding because states consent to it, while other theories focus on the need for
order, stability, and certainty. These theories emphasize identifying a legal basis under a particular rule
of international law, rather than assessing whether state conduct is reasonable or acceptable. The
positivist approach is described as the language of modern international law.
The text also mentions alternative theories of obligation, including:
 Theories emphasizing legitimacy and fairness: These theories, drawing from the writings of
Thomas M. Franck, emphasize the "compliance pull" that norms have due to their perceived
legitimacy. This approach suggests that norms are followed because they are seen as fair and
just, rather than solely because states have consented to them.
 Utopian theories and feminist approaches: These alternative perspectives introduce different
viewpoints to international law, such as ideas of a more ideal world order or analyses through a
gendered lens.
 Marxist-Leninist approach: The text refers to a Marxist-Leninist approach, which emphasizes
class struggle in the context of international law.
The material points out that these different theories have more in common than their proponents might
admit. While each theory may have distinct analytical premises, the implications for legal method
become clearer when looking at specific international legal controversies.
The text also addresses the role of learned writers in international law, noting that while they once
held considerable influence, they now provide conceptual frameworks for legal discussion. However,
it's noted that academic writings should not be regarded as authoritative.
The source material highlights the importance of state consent and practice in international law, and
also acknowledges the existence of other theories emphasizing legitimacy, fairness, and other
perspectives. The text sets the stage for further exploration of the practical application of international
law principles and norms by pointing out different theoretical perspectives and their relevance in
interpreting international law.

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