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Ateneo De Zamboanga University

SCHOOL OF LIBERAL ARTS
SOCIAL SCIENCES DEPARTMENT

INTERNATIONAL LAW AND INTERNATIONAL RELATIONS: ROLE AND

RELATIONSHIP

A POSITION PAPER

IN

______________________________
(Your Subject)

SUBMITTED TO:

MS. AMOR MEI C. OCHOA, RN, MPM, JD

(Subject Instructor)

SUBMITTED BY:
Name
Yr. and Course
Date
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INTERNATIONAL LAW AND INTERNATIONAL RELATIONS: ROLE AND

RELATIONSHIP

ABSTRACT

Some science subject is interconnected between one science and another. One of
them is International Law. International law is closely related to International
Relations; because international law is a system of rules, principles and concepts
regulating relations between countries, international organizations, individuals and
other actors in world politics. Relations between international actors are the subject of
international relations. So to understand, a student or international law expert must be
able to understand the science of international relations.

The state is the main subject of international law because international law
regulates the rights and obligations of the state. The state is also a major actor in
international relations. State behavior, relations between countries and the national
interest of a country are also the focus of IR science. So, that both of them synergize with
each other. The main objective of international law is to aim at creating order rather
than simply creating just a system of international relations. In further developments,
the objectives of international law include efforts to objectively guarantee justice
between states. It is evidenced by the establishment of Permanent Court of International
Justice, which later changed its name to the International Court of Justice, which is a
judicial court established to resolve disputes between countries and provide advisory
opinions according to international law.

Question

From what has been described above, the following questions arise: (1) How is
the concept of international law in the perspective of international relations; and (2)
How is the relationship between international law and international relations?

Background of the Study

Concept of International Law

International law consists of rules and principles governing the relations and
dealings of nations with each other, as well as the relations between states and
individuals, and relations between international organizations. 

Public international law concerns itself only with questions of rights between

several nations or nations and the citizens or subjects of other nations. In
contrast, private international law deals with controversies between private persons.
These controversies arise out of situations which have a significant relationship to
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multiple nations. In recent years the line between public and private international law
has became increasingly uncertain. Issues of private international law may also
implicate issues of public international law, and many matters of private international
law have substantial international significance.

Public International Law

Public international law is the body of law created through the interactions
between nations, or as the Restatement of the Law, Third: Foreign Relations Law of
the United States(Restatement Third) explains, "International law is the law of the
international community of states. It deals with the conduct of nation-states and their
relations with other states, and to some extent also with their relations with individuals,
business organizations, and other legal entities." Nations adhere to the concepts of
international law through treaties, custom, and interpretations by both their own
domestic judiciaries and international tribunals.
Public international law does not have a conventional enforcement framework, so
no worldwide policing organization exists to ensure that treaties are followed. Instead,
nations subject themselves to international law by adhering to treaties, and by accepting
customary laws and agreed-upon general principles of law. Mutual respect among
nations and the understanding that a breach in any concept could lead to retaliation
from other nations, through economic or even military sanctions, generally causes
nations to follow the accepted standards of public international law.
Public International Law aims to define and regulate:
a) What constitutes the state (territory, population, government) and
sovereignty
b) Powers of any state (territorial jurisdiction, private jurisdiction, jurisdiction
over public services)
c) Peaceful relations between countries (prohibition of the use of force in
international relations)
d) International relations and cooperation between countries because it allows
peaceful relations to be established and supervised.

Private International Law

Private International Law describes the body of law surrounding which law
governs when there is a conflict between citizens of different countries.  In common law
jurisdictions, it is sometimes known as "conflict of laws."
Typically, one will be asking one or more of three questions when researching a
private international law problem:

1. In which jurisdiction should the dispute be decided?

2. Which law should be applied?
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3. How should a foreign judgment be enforced?

Much private international law is governed by the domestic law of the countries
in question.  That is, whether or not, for example, a given foreign judgment will be
enforced is a U.S. court may be governed by U.S. law.  However, in recent years there
has been an effort to create a more unified system of private international law, and
treaties and conventions, model laws, legal guides, and other instruments may also
be used.  Private international law tends to be subject-specific; currently, there is no
well-defined body of private international law, but certain subjects such as contracts
or family law may have their own governing rules.

The Concept of International Relations

International relations attempts to explain the interactions of states in the global

interstate system, and it also attempts to explain the interactions of others whose
behavior originates within one country and is targeted toward members of other
countries. In short, the study of international relations is an attempt to explain behavior
that occurs across the boundaries of states, the broader relationships of which such
behavior is a part, and the institutions (private, state, nongovernmental, and
intergovernmental) that oversee those interactions. Explanations of that behavior may
be sought at any level of human aggregation. Some look to psychological and social-
psychological understandings of why foreign policymakers act as they do. Others
investigate institutional processes and politics as factors contributing to the externally
directed goals and behavior of states. Alternatively, explanations may be found in the
relationships between and among the participants (for example, balance of power), in
the intergovernmental arrangements among states (for example, collective security), in
the activities of multinational corporations (for example, the distribution of wealth), or
in the distribution of power and control in the world as a single system.

Relationship between International Law and International Relations

International law is a part of law that regulates the activities of international-

scale entities that have relations with the international community. International law is
the overall principles and principles governing relations or issues that cross national
borders between countries and countries with other non-state legal subjects or non-state
legal subjects to each other.

International relations, which are relations between countries, are basically “legal
relations” which implies that international relations have created interconnected rights
and obligations between legal subjects (states). International relations are relations
between countries or between individuals from different countries, both in the form of
political, cultural and economic relations. International relations has the aim of
enhancing friendship and bilateral, regional and multilateral cooperation through
various forums in accordance with national interests and capabilities. In order to create
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a world peace that is eternal, just and prosperous, our country must continue to carry
out a free and active foreign policy.

The function of international law, namely as a system, international law is an

autonomous legal system, independent form international politics. But its main function
is to serve the needs of the international community including an authentic State
system.

Discussion

International relations or relations between nations is a human interaction

between nations both individually and in groups which is carried out directly or
indirectly. International relations can take the form of friendship, dispute, hostility
or war. International law is the part of law that regulates the activities of
international entities. Initially, international law was only defined as behavior and
relations between states. However, in the development of an increasingly widespread
pattern of international relations, international law also takes care of the structure
and behavior of international organizations, individuals and multinational
companies. International law is the law between nations which is used to show the
customs and rules of law that apply in relations between rulers and shows the
complex rules and principles governing the relationship between members of the
community of nations.

Without unique governing and enforcing entity, international law is largely a

voluntary endeavor, where enforcement power exists only if the parties agree to
abide by and abide by a treaty. It is where IR comes into being; it tries to explain
behavior that occurs across national borders, the broader relationships to which the
behavior is a part and the institutions (private, state, non-governmental and
intergovernmental) that oversee these interactions. Explanations can also be found
in the relationships between and among participants in intergovernmental
arrangements between countries, in the activities of multinational companies or in
the distribution of power and control int eh world as a single system.

International law aims to regulate common issues that are important in relations
between subjects of international law such as regulating relations or issues that cross
State boundaries between State and State, States and other legal subjects which are
not State, or non-State subjects of each other.

Conclusion

International law can be formulated as a set of laws which mostly consist of

principles and rules of behavior that bind states and therefore are usually adhered to in
the relationship of states to one another. The function of international law, namely as a
system, international law is an autonomous legal system, independent from
international politics. But its main function is to serve the needs of the international
community including an authentic State system. And in particular the function of
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international law is to emphasize its task as a relatively autonomous formal technique,

as well as an instrument for increasing special claims and agendas in relation to political
struggles. International law and its institutions have the purpose and purpose and
function of maintaining the realization of the idea of a balance of interests, the idea of
the harmony of interests. The presence of an agreement that is under an agreement
between countries with different interests.

Recommendations

The solution to this problem is how each country must comply with international
law and promote order in the world and the achievement of humanity’s fundamental
goals to promote peace, prosperity, human rights and environmental protection.
However, over the centuries there have been voices that have attacked international law
to promte the domination or hegemony of one country.

References

Book:

Armstrong, D., Farell, T., & Lambert, H. (2012). International law and international
relations. Cambridge University Press

Bodansky, D., Dunoff, J.l. & Pollack, M.A. (2013) Legitimacy in International Law and
Interantional relations. Interdisciplinary perspectives on international law and
international realtions

Journal:

Aaken, A.V. (2014) Behavioral International Law and Economics. Harvard International
Law Journal, rr, 421.

Aznagulova, G.M. (2018). Constitutionalization of International Law in Light of Modern

International Relations. Russian Journal of Legal Studies (Moscow), 5(1), 141 – 147.
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publisher and the place and sometimes date of publication

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of in-text citation. This means that the author's last name and the year of publication
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