Foundation Course to

Policy Science Ⅱ(P)

18 th of April ,2024
Week Date Theme & References
1 11th April Course Guidance: Overview of the course, course requirements

About the Course ③

2 18th April Introduction to International Law: History of international law, development of international law
3 25th April Sources of International Law: Customary international law, treaties
4 2nd May International Disputes and Pacific Settlement of Disputes:
Freedom to choose peaceful settlement of disputes, International Court of Justice
5 9th May The Actors in the International Legal System:
States, international organizations, individuals and additional actors
6 16th May Statehood and Recognition: Recognition of States, Recognition of Governments

7 23rd May Diplomatic and Consular Relations: Diplomatic missions, diplomatic immunity, consular relations

8 30th May Territory in International Law: Territorial sovereignty, territorial acquisition, jurisdiction

9 6th June The Individual in international law: The rights of individuals, nationality, rights and duties of non-nationals

10 13th June International Human Rights Law: The international human rights system, human rights treaties
11 20th June Extradition and Crimes under International Law: Rules of extradition, exception of extradition,
International Criminal Court
12 27 June International Law and Economics: Principles of international economic law, the role of World Trade
th

Organization
13 4 July International Law and Environment: The evolution of international environmental law, the principles of
th

international environmental law

14 11 July State Responsibility:
th Responsibility of states, diplomatic protection, circumstances precluding
wrongfulness, Reparations
15 18th July The Use of Force in International Law: Armed attack, collective security, self-defense, disarmament,
peacekeeping
 Today's Key Points
• Global issues and International law (student’s comments)

• What is international law?

• The origins and how has international law evolved?

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What is international law?

4
 But first, What is “the law"?
• There is a maxim a phrase, “ubi societas, ibi ius” in Latin, which means
“Wherever there is society, there is law.”
In the case of a single person, there may be no particular
need for rules (norms). However, some people make
their own rules.

• There are certain rules that must be followed when living in a group.
In family, in a class, at school, at a part-time job, internship,
in Osaka City, in Osaka Prefecture, in Japan, in the world.
.. to avoid troubles
• Norms (Rules) for maintaining social order = social norms

What do we need rules for? ...To achieve an ideal society in each

• group, respecting each other, even if we have different desires.

• But what is the differences between social norms and the law? Social norms are
not legally binding, but laws are. 5
 Domestic Law and International Law

• Domestic (National /Municipal) law is systematically positioned with

the Constitution at the top (supreme law).
Domestic Law is created by the State authorities binding
individuals without their consent.

• International law is the law that governs the relations between States
(Nations).
International law is the law created by States through their consent
and agreement.
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 International Law

• Why need the consent

• There is no government over and above States.
All States are independent, autonomous, sovereign, and legally
unsubordinated either to one another or to any other authority.

• International law is the law of the international community,

governing relations among nations, and is established by agreement
among nations.

7
 International law

Domestic law Country

Constitution

Statutes Treaty＿＿＿＿＿＝
(by the Diet) Treaties
Treaties
Regulations
(by the executive power)
Country
Others

Effective within the Local international

＝ ordinances
local government organization
8
 Significance of International Law
The significance of international law, specifically...
• Traditionally, international law has ensured the smooth flow of exchange
between nations and peoples by regulating the scope of each state's
jurisdiction and the manner in which it is exercised.

Nowadays
• Establish a legal mechanism to realize the common objectives of the
countries and to solve global problems (in areas such as maintenance
of peace, preservation of the environment, protection of human rights,
development of developing countries, etc.).
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How has international law evolved?

10
 History of International Law Part 1
• How international law emerged:
• Rules among nations of the time, international law emerged in medieval Europe with
the Pope and the Holy Roman Emperor at the top.
Holy Roman Empire
Holy Roman
Emperor keep (i.e. a Pope
promise)
interference
feudal Roman Catholic Church
system (Christianity)

• European economic development from one country to neighboring countries

⇒Expansion of commodity production, formation of domestic market
⇒ Absolute monarchy aimed to build a central sovereign state.
Absolute and supreme power over the country
11

Sovereignty, means independence and equality with respect to the rest of the world.
 History of International Law Part 2
• Mercantilist policies:
Adopted by European countries from the 16th to the first half of the 18th century
• Geographical Re-Discovery:
In order to expand the network of economic relations to a global scale and to allow
cross-border movement of people, goods and capital, a minimum level of order and
stability was required.

A norm like international law,

to which all nations would normally
adhere.

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 History of International Law Part 3
Treaty of Westphalia (Peace) (1648)
⇒It was signed as a peace treaty for the
Thirty Years' War. It recognized the
equality of the new and old religions,
completed the Reformation, and
secularized the state.
⇒The territories of the Holy Roman
Empire were given a status similar to that
of sovereign states, and the external
actions of the Holy Roman Emperor
required the consent of the constituent
states.

https://www.britannica.com/event/Thirty-Years-War 13
 History of International Law Part 4

After the Treaty of Westphalia ,

(1) The end of the medieval order (absolute monarchy, feudalism, and the power of
the Church) and

(2) The "Sovereign States" (sovereign states with territory as the unit of
sovereignty), which announced the emergence of an international society composed
of sovereign states.

The birth of traditional international law: a state-centered system of

discipline.
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 Traditional International Law Part 1
• End of 18th century: French Revolution etc, development of capitalist economy
⇒Establishment of capitalist world market in Europe

• Mid-19th century: completion of traditional international law.

Only European-type developed and civilized countries with legal and
administrative systems were recognized as full-fledged international legal entities.

• In the non-European world, multiple “international” orders existed. There was

the Islamic world order, the East Asian world order, and some regions with their
own principles of order, but the countries belonging to these non-European world
orders had ill-developed institutions to guarantee the amicable development of
capitalist economies.
They were not recognized as equal footing. 15
 Traditional International Law Part 2
• The developed European countries are trying to establish a global market,
Breaking Down the Non-European World Order
*Unequal treaties: Ottoman Turkey, China, Japan
⇒Capitulation system (Not recognized as equal footing)

*Colonial rule: Vast area of mainly African countries

⇒Conquest and appropriation of “unclaimed land" an object of
international law

• Developed countries go to struggle for raw materials and markets

• Colonies ... to be re-divided
"War" as an essential condition for survival.
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Traditional international law did not regulate "war."

 Modern International Law
• End of 19th century: Peace and labor movements
Criticism of the state of traditional international law

• Early 20th century: Russian Revolution gives birth to the socialist nation of the
Soviet Union.

• After World War II: With national liberation movements in Asia and Africa, many
newly independent nations joined the international community. Together with
Latin American (Central and South American) countries, they rallied to the Non-
Aligned Movement and sought change.
Transformation of the structure to modern international law.
It outlawed colonial rule (process of decolonisation), recognized the equal
international law subject of all nations, recognized the right to self-determination as
an international law right of all peoples, and prohibited the use of force. 17
Japan's Participation in the International Community
• 1854: Treaty of Amity between Japan and the U.S. (Opening of Japan, freedom of
trade)
• 1858: Treaty of Amity and Commerce between Japan and the U.S. (entering into
commercial relations with advanced Western nations)
⇒Unequal treaties (in diplomatic relations, in trade most-favored-nation clause, etc.)
Japan was not recognized
as equal footing in international law
(“European Int. Law”)

https://sites.rutgers.edu/rutgers-meets-
japan/wp-
content/uploads/sites/267/2020/05/Shogetsu
-1986.0280.001-003-scaled.jpg
Japan's Participation in the International Community
Early Meiji Period:Aiming to revise unequal treaties(Japan's greatest diplomatic
challenge)
Liberal civil rights movement, solidarity with oppressed peoples of Asia
⇒To pursue reform of traditional international law that led to unequal treaties

But then:
Domestic Policy: "Wealth and strength of the nation" and "industrialization and
development" = conditions for a "civilized nation”
Toward a European-style legal and judicial system

Outside of Japan: Faithful adherence to international law in relations with Western

countries
Coercive attitude toward Asian countries Leaving Asia, Joining Europe (脱亜入欧)
 Changes from traditional to modern International Law
◆ International Law subject “the States”
【T】Civilized countries only Colonial rule was legal
【M】Recognize the equal subjectivity of all nations Illegalize colonial rule
◆ Normative structure
【T】Dualistic Structure (Peacetime Law and Wartime Law)
【M】 Centralized in the Peacetime Law
*League of Nations → United Nations The use of force is illegal
◆Rights and obligations
【T】Compliance with individual interests State's obligation to benefit is reciprocal and
compatible
【M】Peacekeeping, environmental preservation, protection of human rights, and the
concept of the general interest of the international community have been established
Erga Onmes Obligations Obligations in whose fulfilment all states have a legal interest because their 20
https://www.oxfordreference.com/display/10.1093/oi/authority.20110803095756413 subject matter is of importance to the international community as a whole.
 Today's key points (summary)
• What is international law?
• International law is the law of the international community, which
governs relations between nations. It is also the law established by
agreement among nations.
• The origins and how has international law evolved?
• Developing gradually from medieval Europe, traditional international
law was born with the Treaty of Westphalia, but after World War II,
modern international law emerged with such ideas as the prohibition of
colonial rule, the principle of no use of force, recognition of the right to
self-determination, and obligations obligations erga omnes (because
they produce effects vis-à-vis all members of international community).
• This class will look at the content of this “modern” international law. 21
 References

Alexander Orakheslashvili (2019), Akehurst’s Modern Instruction to International Law

(eight edition),Routledge.
Gleider Hernández (2022), International law(2nd ed.), Oxford University Press.
Malcom D Evans (2017), Blacstone’s International Law Documents 13th Edition, Oxford
University Press.
Vaughan Lowe (2015),International Law: A very short introduction, Oxford University Press.
Constitution: https://www.constituteproject.org/
Oxford reference: https://www.oxfordreference.com/
Rutgers “Perry’s Arrival and the Opening of Japan”: https://sites.rutgers.edu/rutgers-meets-
japan/our-exhibition/perrys-arrival-and-historical-context/

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 Next Week 3
• Sources of International Law: Customary international law,
treaties

Treaties

Treaties Customary Law

 That’s all for today

Don’t forget to submit your assignment by Monday 23:59.

See you next week!