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Page 1 of 2

  • 15 - International organisations

  • Edited by Emily Crawford, University of Sydney, Alison Pert, University of Sydney, Ben Saul, University of Sydney
  • Book:
    Public International Law
    Published online:
    09 May 2023
    Print publication:
    23 May 2023, pp 400-429

  • Summary

    States often need to cooperate with each another to address legal and other issues of common concern across many fields in an interdependent world. International organisations (‘IOs’) emerged in the 19th century as a means of intensifying and permanently institutionalising international cooperation, through bodies with an international legal personality, and functions and powers, separate from their member states. While the earliest IOs had a narrow technical focus, the League of Nations (1919–46) and United Nations (since 1945) reflect a more ambitious global agenda of broad-spectrum cooperation. The proliferation of IOs has generated some key legal issues which this chapter explores: how to define IOs; the nature, extent and consequences of their international legal personality; their powers, immunities and privileges; and the scope of their legal responsibility for their conduct. There is a special focus on the United Nations, as a universal IO with competence in many areas of international life and human activity, and from whose establishment and practice much of the international law of IOs has emerged.

  • 1 - Overview of public international law

  • Edited by Emily Crawford, University of Sydney, Alison Pert, University of Sydney, Ben Saul, University of Sydney
  • Book:
    Public International Law
    Published online:
    09 May 2023
    Print publication:
    23 May 2023, pp 1-31

  • Summary

    Public international law is a worldwide legal system which regulates the conduct of states (countries) and other actors, both in their international relations and within states’ territories. It governs many areas, such as sovereignty over territory; rights and responsibilities at sea; environmental protection; human rights and the suppression of international crimes; trade and investment; the use of military force; responsibility for breaches of the law; and the settlement of disputes. This chapter introduces the main features of public international law, including its history, sources and purposes. It outlines what the law regulates, who has rights and bears obligations under it, and how it is implemented and enforced. The chapter then considers jurisprudential debates about the nature of public international law as ‘law’ and the reasons for compliance with it, and concludes with discussion of some key critical theories.

Public International Law
  • Edited by Emily Crawford, Alison Pert, Ben Saul
  • Published online:
    09 May 2023
    Print publication:
    23 May 2023
  • Public international law is a global legal system which regulates the conduct of countries and other actors. Public International Law offers Australian students a comprehensive and accessible introduction to international law. Covering the fundamental topics of international law – including treaties, use of force and dispute settlement – this text also discusses specialised branches such as humanitarian law, criminal law and environmental law. The key principles and theories of international law are clearly explained and analysed, and their application is illustrated by succinct, carefully chosen extracts from cases and materials. These sources strike a balance between key international cases and important cases from domestic legal systems. Discussion questions at the end of each chapter encourage students to apply and test their understanding of each topic, while a glossary of key terms clearly explains complex concepts. Written by an expert author team, Public International Law is a fundamental resource for Australian students of international law.

  • From conflict to complementarity: Reconciling international counterterrorism law and international humanitarian law

  • Ben Saul
  • Journal:
    International Review of the Red Cross / Volume 103 / Issue 916-917 / April 2021
    Published online by Cambridge University Press:
    05 October 2021, pp. 157-202
    Print publication:
    April 2021

  • This article clarifies the ongoing confusion in doctrine and practice about both the actual and optimal interaction between international counterterrorism law (CTL) and international humanitarian law (IHL) in armed conflict. It discusses the advantages and disadvantages of the co-application of CTL with IHL, before considering a variety of techniques for mutually accommodating the interests of both regimes, particularly through partial exclusion clauses in counterterrorism instruments or laws. It concludes by identifying the optimal approach to the relationship between CTL and IHL, which recognizes the legitimate interests of both fields of law while minimizing the adverse impacts of each on the other.

  • 15 - Counter-Terrorism Law and Armed Conflict in Asia

  • from Part III - Practice and Application of International Humanitarian Law
  • Edited by Suzannah Linton, Tim McCormack, University of Tasmania, Sandesh Sivakumaran, University of Nottingham
  • Book:
    Asia-Pacific Perspectives on International Humanitarian Law
    Published online:
    18 October 2019
    Print publication:
    07 November 2019, pp 231-250

  • Summary

    The relationship between terrorism and armed conflict in Asia can be approached from different angles. Some of these are addressed in other chapters: the impact of the Vietnam War – involving guerilla war and counter-insurgency – on the development of international humanitarian law (IHL), particularly Additional Protocol I of 1977 (Chapter 11); national liberation violence in Asia (Chapter 10), including in East Timor (Chapter 24); jihad and the Moro rebellions in the Philippines (Chapter 23); ethnic and/or separatist conflicts in Burma (Chapter 21) and Sri Lanka (chapter by Lassée and Anketell); the Maoist guerilla war in Nepal (Chapter 25; and dialogue with Islamist fighters (Chapter 37).

  • 15 - The Crime of Terrorism within the Jurisdiction of the African Court of Justice and Human and Peoples’ Rights

  • from A - The Crimes
  • Edited by Charles C. Jalloh, Florida International University, Kamari M. Clarke, University of California, Los Angeles, Vincent O. Nmehielle
  • Book:
    The African Court of Justice and Human and Peoples' Rights in Context
    Published online:
    02 May 2019
    Print publication:
    16 May 2019, pp 409-448
    • Chapter
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  • Summary

    The proposed African Court of Justice and Human Rights is set to become the first regional court to have jurisdiction over a crime of ‘terrorism’, with the adoption of article 28G of the Malabo Protocol of 2014. This chapter examines the drafting history of the Malabo Protocol’s terrorism offence, its elements, the extended modes of criminal liability, and the clauses excluding self-determination struggles, armed conflicts governed by international humanitarian law, and political or other justifications. In doing so it discusses a range of technical, criminological and human rights issues, and contextualizes the offence within the context of international and regional practice.

  • The Dangers of the United Nations' “New Security Agenda”: “Human Security” in the Asia-Pacific Region

  • Ben Saul
  • Journal:
    Asian Journal of Comparative Law / Volume 1 / 2006
    Published online by Cambridge University Press:
    16 April 2015, pp. 1-35

  • Amidst the understandable enthusiasm for enlarging the traditional state-centred view of security and embracing a “human security” agenda, little scholarly attention has been paid to the implications of this shift for international law. This article first charts the scope and genesis of “human security,” including within the United Nations and in the Asia-Pacific region, and traces the views of key Asian governments on the concept. It then analyses the relationship between human security and human rights and highlights the likely adverse impacts on human rights law. The remainder of the article considers how the human security agenda may destabilize the constitutional distribution of powers among UN organs under the UN Charter, especially by transferring power away from the more participatory General Assembly and towards the less representative and less accountable Security Council. In line with the position of some Asian States, this article reasserts that UN organs other than the Security Council, along with other major international institutions, are the appropriate bodies within which to pursue and address human security issues. In particular, the General Assembly and the Economic and Social Council require revitalization to avoid the trap of securitizing issues that are better framed as developmental and social concerns.

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