1.3 Law & International Relations

WHO? International Law arises from treaties between nations.

WHAT? Treaty compliance is voluntary among nations who choose to join.

WHEN? Treaty terms are effective until broken or members withdraw.

WHERE? Treaty terms apply only where specified: some are global, others regional.

WHY? Treaties facilitate peaceful interaction among sovereign nations, and hopefully avoid conflict.

In Topic 1.2 we explained how the 195 countries recognized by the United Nations are sovereign states. As we explained, sovereignty means that each country is subject to its own laws and not those of anybody else. From an international perspective, all nations are equal, none more important than another. In reality, all nations have different strengths, and play these to their advantage with other nations. Nations will use political, economic, and even military strength to get what they want from others. All nations are driven by their own interests, and will do what they think necessary to attain them. So what does it mean when you hear about “International Law” and “International Court”? Contrary to what these terms might imply, there is no “superset” of laws binding all nations. And contrary to what some people think, the United Nations is not a world government. Those things that have come to be called “International Law” are not like the law as we practice it and you are familiar with in the United States. In the US, whether at the Federal, State, or Local level of government, laws are enacted and enforced by elected representatives. US laws are binding upon all they affect: failure to comply could result in judicial action. These same characteristics don’t apply to what is called “International Law”. What is called “International Law” arises from the terms of treaties made between nations. Treaties are cooperative agreements between sovereign nations. Because they are cooperative, the terms are only effective so long as all parties abide by them. By comparison with US law which is compulsory, the terms of treaties are voluntary. To improve cooperation, treaties may include mechanisms to redress disputes and transgressions. “International Courts” may be established within treaties as mechanisms for redressing grievances. Still, what we call “International Law” and “International Courts” are the artefacts of treaties. They do not constitute a single body of law, and nations choose if they want to cooperate. A famous example is the Treaty of Versailles which established the terms for peace between former enemies after the Armistice was signed ending World War I on November 11, 1918. Although the Treaty of Versailles was signed by President Wilson, it was never ratified by the US Senate as required by the Constitution. As a result, the United States never became a party to the terms of the treaty. One of the reasons the US didn’t join the treaty was that the terms were very harsh on Germany. Mandatory reparations left Germany economically destitute and politically divided. The economic hardships and political unrest fomented by the Treaty of Versailles facilitated the rise of an outspoken opponent who promised to tear up the treaty and rescind its provisions. That person was Adolf Hitler. Propelled to the head of State by his vengeful speeches, Hitler began to make good on his promises. And when Britain and France didn’t intervene, Hitler pressed further, igniting World War II. 50-to-100 million people died in that conflict; a grim epitaph to the Treaty of Versailles.