Chapter 1. International law

Private international law and transnational law

The term ‘private international law’ refers to what is known as the ‘conflict of laws’. It covers the body of rules of a State’s domestic law which addresses legal issues with foreign elements; these rules determine which legal rules and jurisdiction are applicable.

A number of institutions are responsible for harmonisation of rules concerning conflict of laws. The Hague Conference on Private International Law, established in 1893 is tasked with the harmonisation of domestic rules on conflict of laws; UNIDROIT is responsible for the harmonisation of commercial domestic laws; UNCITRAL is tasked with harmonising international trade law.

The term ‘transnational law’ primarily connotes the study of the laws of multiple States, comparative law, supranational law, and (commercial) public international law. The study of transnational law gives the impression that the laws of States are becoming ever more similar; however, this is not the case.

The nature of international law

International law is generally known as ‘public international law’ (sometimes also as ‘general international law’), in contrast to the public international law described above. It was previously known as the ‘Law of Nations’. Public international law is the product of the actions of States instead of a single national legal system.

The history of public international law is generally said to have started with Hugo Grotius, a Dutch jurist and diplomat, who lived from 1583 to 1645. Another important event in the early history of Public International Law is the Peace of Westphalia in 1648, which concluded the end of the Thirty Years’ War and the period of feudalism in European history. It also marked the emergence of the modern nation state with a strong centralised government exercising control over its subjects. These new states were in need of rules to govern conduct between them. From the mid-seventeenth century these rules governing the relations between states evolved into contemporary international law.

Many students of international law question whether it

With this book, Anders Henriksen has created a complete overview of international law. The book starts of with the basics of international law. All the important terms are discussed in detail. Comparisons are made between international and national but also EU-law.

After the explanation of the basics, different types of law are discussed. The influence of international law is made claer in this respect. The law of the sea, human rights law, environmental law and economic law all fall under international law for some part, but they differ from eachother in certain aspects. What complicates this even more, is that states and international organizations also have established their own rules. 

Lastly, it is discussed how international law can be enforced and what happens when it is not obeyed. The book touches on peacefull dispute setlement, use of force, armed conflicts and international criminal law, and the relation between these breaches and solutions of international law. 

The book is written especially for students, so everything is neatly structured and clearly explained. This book is perfect for beginning students who are just starting to learn about international law but also provides a very complete and detailed understanding of international law. The fact that de book starts of with the basics and later dives into the more complex issues, makes the material very understandable.