International law

International law, deals with the relationships between states, or between persons or entities in different states. It sub-divides into "public international law" and private international law (also called conflict of laws). When used without an adjective, "international law" generally refers to "public international law." Thus, public international law is defined as "the system of law which regulates the activities of entities possessing international personality." This article will concentrate on this aspect.

Fundamental conflicts within international law

As a philosophical, political, and constitutional matter, sovereign states derive their autonomy through inherent legitimacy rather than a decree by the international community. Though states may therefore choose to voluntarily enter into commitments under international law, sometimes they will accept legislative process outside their own consent. It follows that they will follow their own counsel when it comes to interpretation of their commitments under international law.

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Some scholars and political leaders have recently argued that international law has evolved to a point where it exists separately from the mere consent of states. There is a growing trend toward judging a state's domestic actions in light of international law and standards (see world government for trends and movements leading in this direction). A number of states, notably including the United States vehemently oppose this interpretation, maintaining that sovereignty is the dominant value.

Related Topics:
World government - United States

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Similarly, a number of scholars now discern a legislative and judicial process to international law that parallels such processes within domestic law. Opponents to this point of view maintain that states only commit to international law with express consent and have the right to make their own interpretations of its meaning; and that international courts only function with the consent of states.

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