Politics Among Nations

The General Nature of International Law

The origin of international law arose with the transition from medieval feudalism to modern nations in Europe. As fully independent nations emerged from more archaic structures in which monarchs shared power with feudal lords and the Church, such a change required the formation of international law. This process took place over the course of the 15th and 16th centuries, and international law was first fully established in 1648 with the Treaty of Westphalia. It was then elaborated upon via international treaties, legal decisions, and the establishment of international bodies. International law is “almost completely decentralized law” (295), and it is maintained by the balance of power and shared interests between nations.

The Legislative Function in International Law

International law is primarily formed by treaties. However, treaties are limited because they only apply to the nations that are signatories. Also, international law does not usually address all issues that are relevant to international relations, such as economics and immigration. As a rule, international law is extremely complex, given that it is based on various treaties. While domestic laws are determined by “majority rule,” international law requires the consent of all signatories.