Important Theories of under International Law

Important Theories in International Law

Core idea: International law is based on universal moral principles inherent in human nature.

These laws exist independently of state consent.

Influenced early development of international law—laws of war, human rights, etc.

Example: Just war theory.

Holds that international law consists only of rules expressly agreed upon by states (state consent).

Law exists because states consent to it, often via treaties or customs.

Emphasizes sovereignty and state practice.

Most dominant theory in modern international law.

Key figures: Hans Kelsen, H.L.A. Hart.

Sees international law as secondary to power politics.

States comply with international law only when it suits their interests.

Skeptical about the binding nature of international law.

Focus on state behavior rather than legal norms.

Recognizes multiple legal systems interacting globally (national, international, regional).

Emphasizes coexistence and interaction of different sources of law.

Helps explain conflicts or overlaps between international law and domestic law.

Challenges traditional international law as serving powerful states’ interests.

Argues international law can reinforce inequality and domination.

Calls for reform to address biases and injustices in the legal system.

Views international law as an instrument of capitalist and imperialist domination.

Laws reflect and maintain inequalities between developed and developing countries.

Calls for transformation towards a more equitable world order.

Examines how international law affects and is shaped by gender relations.

Critiques biases against women and marginalized groups.

Seeks to incorporate gender justice into international law.

Focuses on how international law is shaped by social, economic, and political factors.

Looks at law in context, including state practice and international organizations.

Emphasizes law as a social phenomenon.

Theory	Core Idea	Key Focus
Natural Law	Universal moral principles	Morality, justice
Positivist	Consent of states	Sovereignty, state practice
Realist	Power politics dominate	State interests, power
Legal Pluralism	Multiple legal systems coexist	Law interaction
Critical Legal Studies	Law serves powerful states	Inequality, reform
Marxist	Law reflects capitalist domination	Class struggle, inequality
Feminist	Gender bias in law	Gender justice
Sociological	Law shaped by society	Social context, state behavior