Understanding International Law

English writer J. Bentham made the distinction “international law – domestic law”.

Herbert Lionel Adolphus Hart says that international law is not actually law, based on the absence of a legislature of international law, a judiciary with mandatory jurisdiction, and a power to use force to impose sanctions.

The idea that international law was a branch of law that only concerns states had been expressed by the Permanent Court of International Justice in the Bozkurt-Lotus Case dated 7 September 1927.

According to the sociological view, international law “regulates the relations of individuals belonging to various political societies, either individually or collectively, at the international level.”

This period can be characterized by the authority of the Church as an organized institution and the power structure under its dominance. 

With the rise of the modern state and the liberalization of international relations, the doctrine of sovereignty emerged.

The Thirty Years’ War (1618-1648), which covered all of Europe, and the Peace of Westphalia made in 1648 at the end of this war became a turning point.

The Thirty Years’ War (1618-1648), which covered all of Europe, and the Peace of Westphalia made in 1648 at the end of this war became a turning point. With this, the feudal order period was over and the authority of the Pope and the Emperor disappeared. and the existence of the state  institution in the modern sense was registered and a new political order was started.

The basis of European Union Law is the Treaty of Rome.

The judicial body of the European Union is the Court of Justice European Union.

Humanity witnessed the first globalization process in the modern sense with Pax Britannica.

Along with globalization, it is seen that the administrative and control powers of the states have also been eroded. 

Today, in addition to States, there are international organisations, individuals, independent organisations, non-governmental organisations, multinational companies, which are subject to international law in limited or different forms.

The most important role of international law today is to prevent war, protect human rights, ensure sustainable development and promote democracy.

The natural law view is generally based on the assumption that nature has an order and that this makes certain rules inevitable against the will of individuals and states.

The most fundamental criticism of the natural law view is the possibility that such rules of law may change according to the person who will evaluate it.

The theory taking the will as basis advocates that the binding force of international law rules depends on the states’ acceptance as such.

According to the auto-limitation (or self-limitation) theory international law takes on the character of an external public law of the state.

Behavioralism theory emphasizes the interaction of different players on the international stage and the effects of mutual pressures on the system and its participants.

Critical Legal Studies approach points out that the link between the concepts of state power and international law and the way these concepts reflect political factors should be considered.