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What is International Law ?

International Law

International law consists of rules, norms and principles governing relations between sovereign states and other international entities.

It promotes peaceful interactions, dispute resolution and cooperation on transnational issues. Unlike domestic law, it primarily relies on state consent and voluntary compliance.

Historical Development of International Law

The concept of law governing relations between nations dates back to ancient times, but modern terminology emerged in the late 18th century. Jeremy Bentham, the English philosopher and jurist (1748–1832), coined the term “international law” in his 1789 work An Introduction to the Principles of Morals and Legislation. He proposed replacing the older phrase “law of nations” (jus gentium) with “international law” to better describe law between nations rather than within them.

Bentham wrote several essays between 1786 and 1789, later compiled as Principles of International Law. He advocated codification of international rules, proposed an international court for dispute resolution, and outlined a plan for universal and perpetual peace based on utilitarian principles, maximising happiness and minimising harm across nations.

Sources of International Law

These are specified in Article 38 of the Statute of the International Court of Justice (ICJ):

  • Treaties and conventions, such as the United Nations Charter, prohibiting the use of force except in self-defence or with Security Council authorisation.
  • Customary international law, from consistent state practice accepted as binding (e.g., prohibition of genocide).
  • General principles of law recognised by nations (e.g., pacta sunt servanda—agreements must be honoured).
  • Judicial decisions and scholarly writings as subsidiary sources.

It covers human rights Universal Declaration of Human Rights, humanitarian law, environmental protection Paris Agreement, trade and maritime issues.

Enforcement of International Law

Enforcement is challenging without a central authority. The UN Security Council can impose sanctions or authorise force, but permanent members (China, France, Russia, UK, US) hold veto power. The ICJ resolves disputes between consenting states.

The International Criminal Court (ICC) prosecutes individuals for grave crimes, though major powers like the US are not parties.

US Military Action in Venezuela (January 2026) – International Law

On the 3rd January 2026, the United States conducted airstrikes in Venezuela, including targets in Caracas, and captured former Venezuelan President Nicolás Maduro and his wife Cilia Flores.

They were extradited to the US to face drug trafficking and narco-terrorism charges. Maduro pleaded not guilty in a New York federal court on the 5th January 2026.

The operation has faced widespread international criticism as a violation of state sovereignty and the UN Charter’s prohibition on the use of force.

The UN held emergency meetings, with allies and others condemning it as unlawful aggression. This illustrates tensions between unilateral actions by powerful states and core principles of international law.

Prime Minister Sir Keir Starmer, a former barrister and KC, has refused to be drawn on whether or not US President Donald Trump’s military action against Venezuela may have broken international law.

Additional Examples of International Law

International law features in ongoing conflicts, such as Russia-Ukraine (ICC probes into war crimes; ICJ on territorial integrity) and South China Sea disputes under the United Nations Convention on the Law of the Sea (UNCLOS).

Significance and Challenges

International law establishes a framework for global order but struggles with enforcement and geopolitical influences. Jeremy Bentham’s vision of codified rules and institutions remains influential, yet events like the Venezuela incident highlight persistent vulnerabilities when compliance is uneven.

Adherence remains essential for addressing shared challenges like security and climate change.

Check out our related articles on Rule of Law, Open Justice, What is Law, Is the Law Black and White ?, Branches of Law, Bullying, Harassment and Discrimination at the Bar, The Secret Barrister, Barristers, Direct Access Barrister, Barristers Behaving Badly, Inns of Court, Council of the Inns of Court, Bar Standards Board, Bar Tribunal and Adjudication Services, Bar Council, Innocent until Proven Guilty and the highly questionable Sussex Family Justice Board.

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[post_title] was last updated on the 2nd June 2026

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