By: Iman Prihandono, SH, MH, LL.M

[point of lecture]

INTRODUCTION

• Inter-state law (2 reasons);
• Definition: Body of law – recognized
• Public Vs. Private

SCOPE

• States, territory + jurisdiction;
• Peace and Security, arm control;
• Environmental

RELEVANCE

Ø Protecting common value;

Ø Ensure order in community;

Ø Predictability & Agreed Behaviour;

INT’L LAW vs MUNICIPAL LAW

• Interstate;
• Law making process;
• Basis of obligation;
• System of enforcement;
• Int’l political process;
• Vertical Vs. Horizontal;

IS INT’L LAW A LAW?

Ø John Austin (Positive Law), int’l law as positive morality;

§ Dismissed custom as effective source of law;

§ Fail to discuss other possible theory of obligation;

Ø Lack of control enforcement: does not undermine;

WHY STATES OBEY

Ø Pacta sunt servanda;

Ø It is in their interest to do so;

FOUNDATION of INT’L LAW

Ø Positivism, Law making treaty;

Ø Consent theory, Lotus Case: emanate from their own free will;

Ø Natural law, Aristotle & Aquinas: objective moral principle. Nature of human persons which can be discovered by reasons.

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