CONTRIBUTIONS OF THE INTERNATIONAL LAW TO

CREATION OF ORDER IN THE CONDUCT OF

INTERNATIONAL RELATIONS

Group 3: Question three;

In what ways do you think International Law has contributed to
the creation of order in the conduct of International Relations;
consider this in light of the nature of IL, its type of sanctions and
the respect that states give it

MEMBERS;
Mr. J Nyingi
DCI MF Plame
Col MS Mohamed
Mr. S Byabato
Col JN Makao
Col OT Olatoye
Col FO Nondo
Col SB Mani
Col B Aloys
Col WS Likangaga

1.Introduction
International Law refers to the many and varied laws,
rules and customs which govern, impact and deal with
the legal interactions between different nations, their
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governments, businesses and organizations, to include

their rights and responsibilities in these dealings. It
supports order in the world and the attainment of
humanity's fundamental goals of advancing peace,
prosperity, human rights, and environmental protection.
IL is one of the last branches of modern law and relies on
customs. The most common now is the Treat Law e.g.
Law of the Sea.
Sources of international law are Treaties, customs rules,
general principles, judicial decisions, and decisions of
organs and writing from renowned authors.
2.Aim
The aim of this paper is to analyze the contribution of
International Law to creation of order in the conduct of
International Relations (IR)
3.Scope
3.1. Nature and types of sanctions
3.2. The rights and Obligation of states to the IL
3.3. Contribution of IL in IR
3.4. Challenges
3.5. Conclusion

4.Nature and types of sanctions

The nature of sanctions are moral or social sanctions
(normative or scorn) as well as cohesive violence
(executing the offender by judgment). Meanwhile, the
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types of sanction are:- diplomatic, economic, military and

sports sanctions.
5.The Rights and Obligation of States to the IL
There are three fundamental rights of States: these are
sovereignty, equality and Political independence and
territorial integrity
Sovereignty
A State is entitled to exercise political control within its territory, and in
relation to its citizens. States have a corresponding duty not to intervene
in the internal affairs of other States. Matters within the internal
competence of States are said to be within their reserved domain or
domestic jurisdiction.
The extent of a States domestic jurisdiction has declined with the
increasing membership of international organisations, the conclusion of
treaties, and the development of rules of customary international law.
For example, the protection and promotion of human rights within States
are now legitimate matters for consideration at the international level,
and not matters within a States domestic jurisdiction.
Equality
All States have equal rights and duties and are equal members of the
international community. In the General Assembly of the UN each State
has one vote, irrespective of the realities of power.
Political independence and territorial integrity
Article 2(4) of the UN Charter requires States to refrain in
their international relations from the threat of use of force
against the political independence and territorial integrity
of any State
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Obligations of states to IL
It is the responsibility of all states to respect, protect and
fulfill the IL
6.Challenges
The IL has the following challenges:
6.1. Unilateral acts by powerful states that
undermine the framework for collective security
6.2. Impunity (exemptions from sanctions).
6.3. The power oligarchy in the United Nations
Security Council
6.4. Self determination activities of non state actors
6.5. Terrorism including state sponsored terrorism
6.6. Lack of compliance by some states
6.7. Lack enforcement against rich and powerful
states
7.The way forward
Addressing these challenges calls for
i.

a greater balancing acts in the citing and administration of

international institutions;

ii.

IL requires a more even coverage; it necessitates making

international law more visible to developing countries, and making
their contributions to international law more visible to the world.

iii.

Developing countries must do more to popularize international law in

their academic curricula, expose their judges more greatly to
international law, and afford international lawyers from the developing
countries more opportunity in the dissemination and practice of
international law.

All states are to

obligations to IL

respect,

protect

and

fulfill

their

8.Contribution of IL to global order

The IL has contribution the following to the international
order creation of new states, International arbitration,
Law of the Sea and Maintenance of international peace
and security and Human Rights Law
8.1.

Creation and Recognition of New states

IL has enabled the creation of New States through

decolonization and recognition of new states e.g. Serbia,
Bosnia, Southern Sudan and Eritrea etc
8.2. International arbitration
Many international disputes have been resolved using
International arbitration and avoiding war e.g. Nigeria and
Cameron and ongoing arbitration between Tanzania and
Malawi.
8.3. Law of the Sea
Is a body of international law that concerns the principles
and rules by which public entities, especially states,
interact in maritime matters The Law of the Sea
Convention defines the rights and responsibilities of
nations with respect to their use of the world's oceans,
establishing guidelines for businesses, the environment,
and the management of marine natural resources.
8.4. Maintenance of international peace and
security

The IL has made enormous positive contributions in

maintaining international peace and security, promoting
cooperation among states and international development.
IL has contributed to the reduction of interstate conflicts.
8.5. Human
Rights
and
international
humanitarian Law
Is the body of international law designed to promote and
protect human rights at the international, regional, and
domestic levels during peace and war time. International
human rights law began as a response to the horrors of
war and applicable to every person, regardless of their
nationality.
9.Conclusion
The main role of IR is to promote global peace and
prosperity. Ideally, IL and accompanying institutions act
as a balm to smooth over opposing interests that nations
may have. It is a cause for serious concern for many
nations that feel their own national identities are under
attack by growing economic interdependence.
The nature of sanctions in IL is moral or social sanctions
as well as cohesive violence.
Meanwhile, these are
implemented through diplomatic, economic, military and
sports sanctions. It is however worthy of note that States
have rights and obligations to IL.
Their rights are;
sovereignty, equality as well as political independence
and territorial integrity. Furthermore, States have the
obligation to respect, protect and fulfill the IL.
Additionally, IL has contributed to global order. The
contributions are; creation of new states, international
arbitration, Law of the Sea, maintenance of international
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peace and security, as well as IHRL and IHL.

Nevertheless, its contributions are not devoid of
challenges that are mostly attributable to rich and
powerful States. The challenges could be addressed
through; a greater balancing acts in the citing and
administration of international institutions, more even
coverage for IL, developing countries to popularize IL and
all States to respect, protect and fulfill their obligation to
IL.