English Revision: Contemporary International Institutions and International Law

This revision sheet explores the nature, evolution, and theoretical foundations of contemporary international institutions and international law. It covers the historical emergence of these institutions, the voluntary nature of international law, key European projects for institutionalisation, and major theories explaining the legal order governing States and other actors today.

Introduction

International institutions have become central actors in global affairs over the past two centuries, shaping legal norms and international relations. Understanding their nature involves addressing whether they are mere forums for State negotiation or autonomous legal entities, and whether they themselves are bound by international law like States. This requires examining the historical evolution of international society, the foundations of international law, and the theoretical frameworks that explain its operation @docCourse notes - International organizations.pdf.

1. Historical Evolution of International Institutions and Law

1.1 From State-Centric International Society to Multilateralism

Historically, the State was the sole central actor in international relations, characterized by sovereignty and largely bilateral, contingent relations without common binding rules. This "inter-State society" implied that each State acted autonomously, with no overarching legal authority or sanctions for breaches.

The nineteenth century marked the emergence of international institutions, often called intergovernmental organizations, created by the will of States to facilitate cooperation. These institutions served various functions, including diplomacy, security alliances, trade regulations, and dispute resolution mechanisms. For example, the Hague Conferences (1899, 1907) aimed to develop rules in warfare and peacekeeping, and the International Postal Union was one of the earliest examples of cooperation on international standards.

Alongside these, other transnational actors such as NGOs, multinational corporations, and armed insurgent groups began playing important roles in international legal relations. International NGOs like the Red Cross became influential in humanitarian law, while multinational corporations shaped economic regulation and standards across borders.

The concept of multilateralism contrasts with the earlier inter-State society by emphasizing an "international community" where members share common interests and respect binding rules. Multilateralism channels State sovereignty through structured cooperation among at least three States, creating the possibility of binding agreements that transcend bilateral relations. For instance, the United Nations exemplifies such a multilateral institutional framework, where Security Council resolutions and treaties bind multiple States.

This idea dates back to the Treaties of Westphalia (1648), which ended major European wars and introduced three foundational principles articulated by Hugo Grotius:

1. Balance of power to prevent dominance by any single power, promoting stability
2. Respect for national sovereignty, acknowledging each State’s independence and territorial integrity
3. Non-intervention in other States' internal affairs, fostering respect for legal equality

These principles laid the groundwork for modern international law based on positive law and institutional cooperation @docCourse notes - International organizations.pdf.

[Diagramme]

1.2 Foundations of Contemporary International Law: Positive and Voluntary Law

For international institutions to function effectively, there must be a shared will among States to create law-based frameworks. This process underscores that international law is positive law—a body of rules voluntarily enacted through mutual consent, often formalized through treaties—rather than natural law, which is derived from moral or divine principles inherent to human nature or reason.

The law of nations (ius gentium) has its roots in Roman law and reflects the customs and principles that regulate relations among political communities. Historically, it included rules on warfare, diplomacy, and the treatment of foreigners. During the Middle Ages and the Renaissance, these principles evolved through canon law and customs, gradually formalizing into what we now recognize as international law.

Key historical debates include:

• Thomas Hobbes (pre-Westphalia): For Hobbes, the law of nations was a form of natural law existing in a state of perpetual war among States, where no overarching authority could impose order—this represented a more anarchic view.
• Baruch Spinoza (post-Westphalia): Emphasized the sovereign rights of States to ensure their safety, even if it meant breaking treaties—highlighting the primacy of natural rights over positive legal obligations.
• Hugo Grotius and Francisco Suárez (modern school): Advocated positive law based on consent, emphasizing pacta sunt servanda (agreements must be kept), and introducing the concept of just war founded on moral principles—these ideas were crucial in establishing binding international obligations rooted in voluntary agreements.
• Emeric Vattel: Further distinguished natural law from the law of nations, advocating for a voluntary, contract-based international order where States agree on specific norms.

Thus, international law is fundamentally voluntary and consent-based, requiring States' agreement to create binding obligations—its legitimacy stems from this consent, and its enforcement depends mainly on reciprocity and mutual recognition @docCourse notes - International organizations.pdf @docCourse notes - International organizations.pdf.

2. European Institutionalisation: Historical Projects and Ideas

The ambition to institutionalise cooperation in Europe has deep historical roots, illustrating various early and evolving attempts to move beyond the anarchic State system and towards integrated governance structures.

2.1 Early Federalist Visions

• Abbé de Saint-Pierre (1713): Proposed a federation of European States with common jurisdictions, explicitly envisioning a "European Union" that would replace the traditional balance of power politics with a treaty-based unity rooted in shared laws and institutions. His idea aimed at preventing war and promoting collective security.
• Immanuel Kant (1795): In Perpetual Peace: A Philosophical Sketch, Kant advocated "peace through law," suggesting that a league of peace and a federation of free states could establish a perpetual peace, underpinned by international law and republican government.
• Henri de Saint-Simon (19th century): Suggested creating a "parliamentary confederation," where national parliaments would form a pan-European parliamentary authority, with judicial and executive functions, emphasizing economic and social collaboration as foundations for political unity.

These projects, rooted in Enlightenment ideals, were challenged repeatedly by wars, nationalisms, and the political realities of power politics. The devastation of wars like the Franco-Prussian War (1870), and later the World Wars, temporarily halted federalist momentum but kept alive the vision of European integration.

2.2 Twentieth Century Developments

• Paul Valéry shifted focus from institutional design to cultural and civilizational identity, emphasizing the importance of shared European heritage—philosophy, law, and Christianity—as a unifying soil for future cooperation.
• Aristide Briand, as French Foreign Minister, rekindled federalist ideas during the interwar period, proposing a "federation of States" connected through common institutions, as an alternative to the nationalistic drift culminating in the Second World War. His efforts highlighted the importance of a political and legal framework for European stability, even if these ideas were not immediately realized.

Despite setbacks, these early projects and ideas laid the conceptual groundwork that eventually inspired the post-World War II European integration process, culminating in the European Union.

3. Theories of International Law

Understanding international law requires examining competing theoretical approaches that explain its nature, sources, and operation, as well as the roles of States and other actors.

[Diagramme]

3.1 Normativism (Hans Kelsen)

Kelsen's normativist theory views international law as a system of hierarchical norms, culminating in a grundnorm or fundamental norm, which gives legitimacy to all other norms within the system. International law, in this view, has primacy over domestic law (monism), and legal compliance is rooted in the normativity and authority of the legal system itself, not in external enforcement. For example, treaties and customary law are viewed as expressions of the international legal order, which States consent to voluntarily. This approach underscores the integrative and hierarchical nature of law @docCourse notes - International organizations.pdf.

3.2 Sociologism (Georges Scelle)

Scelle emphasized law as an institutional and social phenomenon, reflecting the needs of the international community. He believed State behavior is governed by norms that are embedded in social practices, customs, and mutual expectations. His monist approach supports a unified legal order but recognizes law’s importance as a social necessity—law is not just hierarchical but also functional and rooted in social realities. This perspective highlights the importance of cooperation, trust, and shared social norms in maintaining international order @docCourse notes - International organizations.pdf.

3.3 Critical Approaches

These approaches challenge traditional, state-centric views of international law:

• Postcolonialism argues that international law historically functioned as a tool of imperialism, justifying colonial conquest, racial hierarchies, and economic exploitation. It seeks to uncover and critique these legacies.
• Feminism critiques how international law has marginalized women and failed to address gendered violence, especially in conflict zones, advocating for gender-sensitive approaches and recognizing power asymmetries.

3.4 Transgovernamentalist Theory (Chicago School)

Proposed by Anne-Marie Slaughter, this networked governance model suggests a shift from traditional, State-centered sovereignty toward a system where domestic regulatory agencies, multinational corporations, and non-State actors play significant roles in the development and enforcement of international norms.

Key ideas include:

• Actors such as environmental agencies, financial regulators, and humanitarian organizations operate across borders, often bypassing States.
• These actors are recognized within international frameworks, creating a disaggregated sovereignty where the State’s role is increasingly oversight rather than direct control.
• Such systems foster transnational governance networks, which coordinate actions among these actors based on shared interests and norms, making the international legal order more flexible and adaptive.

This approach emphasizes the plurality and decentralization of authority, reflecting the realities of today’s interconnected world @docCourse notes - International organizations.pdf.

Conclusion: Key Points to Remember

• International institutions emerged in the 19th century as new actors alongside States, facilitating multilateral cooperation grounded in positive international law.
• The Treaties of Westphalia (1648) established foundational principles—balance of power, sovereignty, and non-intervention—that still influence international relations.
• International law is primarily voluntary, based on State consent, and distinguished from natural law by its recognition as positive law created through agreements and customs.
• Multiple European projects, from early federalist ideas to cultural identity, illustrate the longstanding aspiration to formalize international cooperation.
• Theoretical approaches range from normativism and sociologism—which posit a hierarchical, integrative legal order—to critical perspectives that critique law’s colonial and gendered legacies, and transgovernamentalism, which highlights the rise of networks and non-State actors shaping the global legal landscape.
• Understanding these developments provides a comprehensive view of the complex, pluralistic, and evolving nature of contemporary international law and institutions, emphasizing the importance of consent, social function, and transnational networks in maintaining international order.

Cette fiche synthétise les évolutions historiques, conceptuelles et théoriques des institutions internationales et du droit international contemporain, offrant une base solide pour approfondir ces sujets complexes @docCourse notes - International organizations.pdf @docCourse notes - International organizations.pdf.