International law in the context of Law library

Sovereignty can generally be defined as supreme, independent control and lawmaking authority over a territory. It finds expression in the power to rule and make law. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. Under international law, sovereign states are all considered equal, and no state can interfere with the internal affairs of another sovereign state. While Article 2(7) of the UN Charter explicitly recognizes the sovereignty of states, and in general there is a principle of non-interference in the domestic affairs of sovereign states, the UN Security Council’s Chapter VII powers clearly contemplate the use of force against a state when necessary to restore peace. Further, the recent Responsibility to Protect (R2P) authorizes the United Nations to take action to “avert a humanitarian catastrophe” within a state when that state’s government cannot or will not act.

A state is generally considered to have sovereignty over a territory when it has consistently exercised state authority there without objection from other states. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.

Citizenship is a membership and allegiance to a sovereign state.

Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term citizenship to refer to nationality; these two notions are conceptually different dimensions of collective membership.

Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.

The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. The term applies to private contract law, international treaties, and constitutions in federal states such as the United States and Canada. The term is also used in parliamentary procedure in deliberative assemblies.

Self-governance, self-government, self-sovereignty or self-rule is the ability of a person or group to exercise all necessary functions of regulation without intervention from an external authority. It may refer to personal conduct or to any form of institution, such as family units, social groups, affinity groups, legal bodies, industry bodies, religions, and political entities of various degrees. Self-governance is closely related to various philosophical and socio-political concepts such as autonomy, independence, self-control, self-discipline, and sovereignty.

In the context of nation states, self-governance is called national sovereignty which is an important concept in international law. In the context of administrative division, a self-governing territory is called an autonomous region. Self-governance is also associated with political contexts in which a population or demographic becomes independent from colonial rule, absolute government, absolute monarchy, or any government that they perceive does not adequately represent them. It is therefore a fundamental tenet of many democracies, republics and nationalist governments. Mahatma Gandhi's term "swaraj" is a branch of this self-rule ideology. Henry David Thoreau was a major proponent of self-rule in lieu of immoral governments.

The pope is the bishop of Rome and the head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the pope was the sovereign or head of state of the Papal States, and since 1929 of the much smaller Vatican City State. From a Catholic viewpoint, the primacy of the bishop of Rome is largely derived from his role as the apostolic successor to Saint Peter, to whom primacy was conferred by Jesus, who gave Peter the Keys of Heaven and the powers of "binding and loosing", naming him as the "rock" upon which the Church would be built. The current pope is Leo XIV, who was elected on 8 May 2025 on the second day of the 2025 papal conclave.

While his office is called the papacy, the jurisdiction of the episcopal see is called the Holy See. The word see comes from the Latin for 'seat' or 'chair' (sede, referring in particular to the one on which the newly elected pope sits during the enthronement ceremony). The Holy See is a sovereign entity under international law; it is headquartered in the distinctively independent Vatican City, a city-state which forms a geographical enclave within the conurbation of Rome. It was established by the Lateran Treaty in 1929 between Fascist Italy and the Holy See to ensure its political and spiritual independence. The Holy See is recognized by its adherence at various levels to international organizations and by means of its diplomatic relations and political accords with many independent states.

An international organization, also called an intergovernmental organization (IGO) or an international institution, is an association of states established by a treaty or other type of instrument governed by international law to pursue the common aim of its member states. An IGO possesses its own legal personality separate from its member states and can enter into legally binding agreements with other IGOs or with other states. The United Nations, Council of Europe, African Union, Organization of American States, North Atlantic Treaty Organization, Mercosur, and BRICS are examples of IGOs. International organizations are composed of primarily member states, but may also include other entities, such as other international organizations, firms, and nongovernmental organizations. Additionally, entities may hold observer status. Under international law, although treaties are typically between states, intergovernmental organizations also have the capacity to enter into treaties. The traditional view was that only states were subjects of international law, but with the founding of the United Nations, that view expanded to include intergovernmental organizations.

Within the international relations literature, international organizations facilitate cooperation between states by reducing transaction costs, providing information, making commitments more credible, establishing focal points for coordination, facilitating the principle of reciprocity, extending the shadow of the future, and enabling interlinkages of issues, which raises the cost of noncompliance. States may comply with the decisions of international organizations, even when they do not want to, for rational cost-benefit calculations (to reap concrete rewards of future cooperation and avoid punishment) and normative reasons (social learning and socialization).

The act of cession is the assignment of property to another entity. In international law it commonly refers to land transferred by treaty. Ballentine's Law Dictionary defines cession as "a surrender; a giving up; a relinquishment of jurisdiction by a board in favor of another agency." In contrast with annexation, where property is forcibly seized, cession is voluntary or at least apparently so.

Annexation, in international law, is the forcible acquisition and assertion of legal title over one state's territory by another state, usually following military occupation of the territory. In current international law, it is generally held to be an illegal act. Annexation is a unilateral act where territory is seized and held by one state, as distinct from the complete conquest of another country, and differs from cession, in which territory is given or sold through treaty.

Annexation can be legitimized if generally recognized by other states and international bodies.

Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country, and to leave the country and return to it. The right includes not only visiting places, but changing the place where the individual resides or works.

Such a right is provided in the constitutions of numerous states, and in documents reflecting norms of international law. For example, Article 13 of the Universal Declaration of Human Rights asserts that:

A treaty is a recorded international agreement between sovereign states or other subjects of international law (including international organizations) that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms; however, only documents that are legally binding on the parties are considered treaties under international law. Treaties may be bilateral (between two countries) or multilateral (involving more than two countries).

International agreements were used in some form by most major civilizations and became increasingly common and more sophisticated during the early modern era. The early 19th century saw developments in diplomacy, foreign policy, and international law reflected by the widespread use of treaties. The 1969 Vienna Convention on the Law of Treaties (VCLT) codified these practices and established rules and guidelines for creating, amending, interpreting, and terminating treaties, and for resolving disputes and alleged breaches.

The term "the people" refers to the public or common mass of people of a polity. As such it is a concept of human rights law, international law as well as constitutional law, particularly used for claims of popular sovereignty. In contrast, a people is any plurality of persons considered as a whole. Used in politics and law, the term "a people" refers to the collective or community of an ethnic group or nation.

Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education.

While ideas related to human rights predate modernity, the modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged to protect, setting a global standard for human dignity, freedom, and justice. The Universal Declaration of Human Rights (UDHR) has since inspired numerous international treaties and national laws aimed at promoting and protecting human rights worldwide.

Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests.

Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization also ensures these rights.

The Charter of the United Nations, also referred to as the UN Charter, is the foundational treaty of the United Nations. It establishes the purposes, governing structure, and overall framework of the United Nations System, including its principal organs: the Secretariat, General Assembly, Security Council, Economic and Social Council, International Court of Justice, and Trusteeship Council. The UN Charter is an important part of public international law, and is the foundation for much of international law governing the use of force, pacific settlement of disputes, arms control, and other important functions of the maintenance of international peace and security.

The UN Charter mandates the United Nations and its member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion". As a charter and constituent treaty, its rules and obligations are binding on all members and supersede those of other treaties.

The United Nations Security Council (UNSC) is one of the six principal organs of the UN system and is the primary organ charged with ensuring international peace and security. Its powers as outlined in the UN Charter include authorizing military action, establishing peacekeeping operations, recommending the admission of new members to the UN General Assembly, approving any changes to the Charter, and enacting international sanctions. Chapter VII of the UN Charter gives the Security Council the power to identify threats to international peace and security and to authorize responses, including the use of force. Security Council resolutions adopted under Chapter VII are binding on UN members and are therefore a source of international law. The Security Council is the only UN body with the authority to issue resolutions that are binding on its member states.

Like the United Nations as a whole, the Security Council was created after World War II in 1945 in the hope of preventing future wars and maintaining world peace, as the League of Nations had been formed following World War I. It held its first session on 17 January 1946 but was largely paralyzed in the following decades by the Cold War between the United States and the Soviet Union (and their allies). Nevertheless, it authorized military interventions in the Korean War, the Congo Crisis, and peacekeeping missions in Cyprus, West New Guinea, and the Sinai Peninsula. With the collapse of the Soviet Union, UN peacekeeping efforts increased dramatically in scale, with the Security Council authorizing major military and peacekeeping missions in Kuwait, Namibia, Cambodia, Bosnia and Herzegovina, Rwanda, Somalia, Sudan, and the Democratic Republic of the Congo.

The use of force by states and inter-governmental organizations in international law is controlled by both customary international law and by treaty law. As a legal matter, the use of force may be justified only in self-defense or when authorized by the United Nations Security Council. The UN Charter reads in article 2(4):

This principle is now considered to be a part of customary international law, and has the effect of banning the use of armed force except for two situations authorized by the UN Charter. Firstly, the Security Council, under powers granted in articles 24 and 25, and Chapter VII of the Charter, may authorize collective action to maintain or enforce international peace and security. Secondly, Article 51 also states that: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a member of the United Nations." There are also more controversial claims by some states of a right of humanitarian intervention, reprisals and the protection of nationals abroad. Concomitant with Article 51’s right to self-defense it Article 2(4)’s prohibition against “the threat or use of force against the territorial integrity or political independence of any state."

Nationality is the legal status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of citizenship.

In international law, nationality is a legal identification establishing the person as a subject, a national, of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the state against other states. The rights and duties of nationals vary from state to state, and are often complemented by citizenship law, in some contexts to the point where citizenship is synonymous with nationality. However, nationality differs technically and legally from citizenship, which is a different legal relationship between a person and a country. The noun "national" can include both citizens and non-citizens. The most common distinguishing feature of citizenship is that citizens have the right to participate in the political life of the state, such as by voting or standing for election. However, in most modern countries all nationals are citizens of the state, and full citizens are always nationals of the state.

The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place because of the start of World War I.