WORKSHOP ON MODEL UNITED NATIONS

INTERNATIONAL LAW
Conducted by The Dais
International Law
International law is a body of rules and principles governing the relations
between states and other international actors.

It is designed to regulate behavior on the global stage and address various

issues that cross national boundaries
International law consists of rules and norms that apply to sovereign states and
other international actors, such as international organizations and sometimes
individuals. It governs their conduct in areas such as diplomacy, trade, human
rights, and conflict.

It covers a wide range of subjects, including the use of force, human rights,
international trade, environmental protection, and the law of the sea.
The Evolution of International Law

International law, the body of rules and principles governing relations

between states and other international actors, has evolved over centuries,
shaped by historical events, political changes, and the emergence of new
global challenges.

Its development can be traced through distinct stages, each marked by

significant milestones and transformations.
I. Early Foundations (Ancient Civilizations to 1648)
The earliest traces of international law can be found in ancient treaties and customs among
early civilizations. The Treaty of Kadesh (1259 BCE) between Egypt and the Hittite Empire is
one of the oldest known peace agreements. Greek city-states developed rules for warfare and
diplomacy, while the Roman concept of jus gentium (law of nations) laid the foundation for
governing relations between Roman citizens and non-citizens.

Key Milestones:

1. Treaty of Kadesh (1259 BCE)

◦ First recorded peace treaty between two major powers, establishing diplomatic
immunity and prisoner exchanges.
◦ Laid the foundation for the practice of treaty-making and peaceful conflict resolution.

2. Roman Jus Gentium

◦ Established the principle that certain laws and norms apply universally to all nations.
◦ Differentiated between domestic law (jus civile) and international law (jus gentium),
influencing later concepts of legal jurisdiction.
II. Emergence of State-Centric Law (1648–1815)
The Treaty of Westphalia (1648) marked a turning point in international law by establishing
the modern concept of state sovereignty. It recognized the territorial integrity of states and
their right to self-determination, laying the groundwork for modern diplomacy and non-
interference in domestic affairs. Hugo Grotius’ work De Jure Belli ac Pacis (1625) introduced
the idea that states are bound by laws even during war, shaping the foundations of modern
international law.
Key Milestones:
• Treaty of Westphalia (1648)
• Established the principles of state sovereignty and non-intervention, which remain
central to international law.
• Created a balance of power system in Europe, stabilizing interstate relations through
diplomatic negotiation.
• Hugo Grotius’ De Jure Belli ac Pacis (1625)
• Introduced the idea that war should be governed by legal norms.
• Defined "just war" theory, shaping the laws of war and conflict resolution.
III. Codification and Institutionalization (1815–1919)
The post-Napoleonic era saw greater efforts to formalize international law. The Congress of
Vienna (1815) established the framework for European diplomacy and collective security. The
Hague Conventions (1899, 1907) codified rules of war and the treatment of prisoners, while
the establishment of the Permanent Court of Arbitration in 1899 marked the beginning of
international legal institutions.

Key Milestones:
1. Congress of Vienna (1815)
◦ Established diplomatic protocols and mechanisms for resolving disputes peacefully.
◦ Created a balance of power in Europe, reducing the likelihood of large-scale wars.
2. Hague Conventions (1899, 1907)
◦ Codified rules for the treatment of prisoners, use of weapons, and protection of
civilians during war.
◦ Established the Permanent Court of Arbitration, laying the foundation for peaceful
dispute resolution.
IV. Rise of Multilateralism (1919–1945)
The aftermath of World War I led to the creation of the League of Nations in 1919, the first
attempt to create a global body to maintain peace and resolve disputes through collective
action. Though the League ultimately failed, it introduced the idea of multilateralism and
set the stage for the United Nations.

Key Milestones:

1. Treaty of Versailles (1919)

◦ Established the League of Nations as a global platform for conflict resolution.
◦ Imposed reparations and territorial adjustments, influencing the political landscape
of Europe.

2. Kellogg-Briand Pact (1928)

◦ Signed by 63 countries, renouncing war as a tool of foreign policy.
◦ Though lacking enforcement mechanisms, it influenced the later development of the
UN Charter’s principles.
V. Modern International Law and the United Nations Era (1945–Present)
The formation of the United Nations (1945) marked the beginning of the modern era of
international law. The UN Charter established principles of non-aggression, human rights, and
collective security. The creation of specialized agencies like the International Court of Justice (ICJ)
and the International Criminal Court (ICC) strengthened enforcement mechanisms. International
law expanded to cover human rights, environmental protection, trade, and maritime boundaries.

Key Milestones:
1. UN Charter (1945)
◦ Established the principle of collective security, making aggression against member states a
violation of international law.
◦ Created institutions like the Security Council and the International Court of Justice (ICJ) to
oversee enforcement.
2. Geneva Conventions (1949)

◦ Defined humanitarian law, including the treatment of prisoners, civilians, and medical
personnel during armed conflict.
◦ Strengthened international norms on human rights and wartime conduct.
VI. Contemporary Challenges and Adaptations (21st Century)
The 21st century has presented new challenges for international law, including
cyber warfare, climate change, terrorism, and global health crises. Multilateral
frameworks and international institutions have faced strain from rising nationalism
and geopolitical tensions. Nevertheless, international legal mechanisms continue to
adapt to technological, environmental, and political changes.
Key Milestones:
1. Paris Agreement (2015)
◦ Established binding commitments for reducing greenhouse gas emissions.
◦ Created a framework for global cooperation on climate change mitigation.
2. WHO Pandemic Response Frameworks
◦ Coordinated global responses to health emergencies like COVID-19.
◦ Highlighted the need for international cooperation in public health law.
Evolution of International Law

Period Key Events Impact on International Relations

Ancient Era Treaty of Kadesh, jus gentium Early diplomatic norms and peace
agreements
1648–1815 Treaty of Westphalia, Grotius' works Sovereignty, statehood, and non-
intervention
1815–1919 Congress of Vienna, Hague Codification of war laws, collective
Conventions security
1919–1945 Treaty of Versailles, League of First multilateral organization for peace
Nations
1945–Present UN Charter, Geneva Conventions, Global governance, human rights, conflict
ICC resolution
21st Century Paris Agreement, cyber security New challenges in climate, tech, and
frameworks security
Sources of International Law
1. Treaties and Conventions: Formal agreements between states or international
organizations that are legally binding. Examples include the Geneva Conventions and
the Paris Agreement on climate change.

2. Customary International Law: Practices and norms that have evolved over time and are
accepted as binding, even without written treaties. These are considered binding on
states, provided they are widely followed and recognized as law.

3. General Principles of Law: Fundamental legal principles that are recognized by major
legal systems and are used to fill gaps in international law. These can include principles
such as fairness, justice, and equity.

4. Judicial Decisions and Scholarly Writings: The decisions of international courts (such as
the International Court of Justice) and the writings of legal scholars can guide the
interpretation and application of international law.
Key Aspects of International Law
1. International Human Rights Law: Protects the rights and freedoms of individuals at the
international level.

2. International Humanitarian Law (Law of Armed Conflict): Regulates the conduct of warfare and
seeks to protect individuals who are not participating in hostilities, such as civilians and
prisoners of war.

3. International Criminal Law: Addresses crimes that have international implications, such as
genocide, war crimes, and crimes against humanity. It is enforced by institutions like the
International Criminal Court (ICC).

4. International Trade Law: Governs trade relations between states and international
organizations.

5. International Environmental Law: Focuses on issues related to the environment and sustainable
development, including treaties on climate change, biodiversity, and pollution control.
6. Law of the Sea: Regulates maritime activities, including territorial waters, navigation rights, and
the exploitation of marine resources.

7. Diplomatic and Consular Law: Governs the conduct of diplomatic relations and the functioning
of embassies and consulates, including the privileges and immunities of diplomats.
Foundational Concepts
State Sovereignty
State sovereignty is the foundational principle of international law, asserting that each state
has the supreme authority to govern itself without external interference. Sovereignty includes
control over a state's territory, population, political system, and resources.
Key Aspects:
• Territorial Integrity: States have the right to control their borders and protect against
territorial infringement.
• Political Independence: States have the freedom to determine their political and economic
systems without foreign influence.
• Internal Jurisdiction: States have the authority to create and enforce domestic laws.
• Non-Interference: No external actor (including other states and international
organizations) can intervene in a state’s internal affairs without consent.
Example:
• The Russian annexation of Crimea in 2014 violated Ukraine’s sovereignty, leading to global
condemnation and sanctions.
• China’s stance on Taiwan reflects its claim of sovereignty over the island.
Treaty
A treaty is a formal, written agreement between two or more states or international organizations that establishes
legally binding obligations under international law. Treaties are governed by the Vienna Convention on the Law of
Treaties (1969).
Types of Treaties:
• Bilateral Treaties: Between two states (e.g., India-Bangladesh Water Treaty).
• Multilateral Treaties: Between multiple states (e.g., the Paris Agreement).
• Framework Treaties: Establish general principles that are elaborated in subsequent agreements (e.g., UNFCCC).
Formation Process:
1. Negotiation: Diplomatic discussions to draft treaty terms.
2. Signature: States signal political commitment to the treaty.
3. Ratification: Domestic approval process (e.g., parliamentary vote).
4. Entry into Force: Treaty becomes legally binding upon meeting specified conditions.
Example:
• The Paris Agreement (2015) is a multilateral treaty under the UNFCCC, setting targets for reducing greenhouse
gas emissions.
• The Non-Proliferation Treaty (NPT) regulates the spread of nuclear weapons and promotes peaceful nuclear
cooperation.
Customary International Law
Customary international law consists of unwritten legal norms derived from the
consistent and general practice of states, accompanied by a sense of legal obligation
(opinio juris).

Elements:
• State Practice: Widespread and consistent behavior by states over time.
• Opinio Juris: A belief among states that the practice is legally required.

Examples:
• The prohibition of torture is recognized as customary international law.
• Diplomatic immunity is upheld under customary norms.

Significance:
• Customary international law is binding even if a state has not signed a specific
treaty.
• It evolves over time as state behavior and legal norms change.
Jus Cogens
Jus Cogens (Latin for "compelling law") refers to peremptory norms of international law that are
universally accepted and from which no derogation is permitted. These norms are considered
fundamental to the international legal order.

Characteristics:
• Cannot be modified by treaty or custom.
• Obligations under jus cogens are erga omnes (owed to the international community as a whole).

Examples:
• Prohibition of genocide.
• Prohibition of slavery.
• Prohibition of torture and war crimes.
• Prohibition of apartheid.

Legal Consequences:
• Treaties or agreements that conflict with jus cogens norms are void.
• Violations of jus cogens norms can result in universal jurisdiction (i.e., any state can prosecute
offenders).
Non-intervention
The principle of non-intervention prohibits states from interfering in the internal affairs of other
states. This principle is rooted in the UN Charter (Article 2(7)).

Scope:
• Political independence and territorial integrity must be respected.
• Military, political, economic, and cyber interference are included.

Exceptions:
• Humanitarian Intervention: Military or non-military intervention to prevent genocide or mass
human rights violations.
• Collective Action: Authorized by the UN Security Council under Chapter VII of the UN Charter.

Example:
• NATO's intervention in Kosovo (1999) was justified on humanitarian grounds, despite lacking
a direct UN Security Council mandate.
• Russia’s interference in Ukraine has been widely condemned as a violation of non-
intervention
Erga Omnes
Erga omnes (Latin for "towards all") refers to obligations that a state owes to the
entire international community. These obligations are linked to fundamental norms
of international law.

Characteristics:
• Violations trigger universal responsibility and accountability.
• All states have the right to seek redress for breaches of erga omnes obligations.

Examples:
• The prohibition of genocide and slavery are erga omnes norms.
• The right to self-determination is considered an erga omnes obligation.

Legal Consequences:
• Any state can bring a case before the ICJ for a breach of erga omnes norms.
• Sanctions or reparations may follow violations of these obligations.
Diplomatic Immunity
Diplomatic immunity protects foreign diplomats from legal prosecution under the host
country’s laws, ensuring that diplomatic missions can function without political pressure. It
is governed by the Vienna Convention on Diplomatic Relations (1961).

Scope:
• Diplomats are exempt from criminal and civil prosecution.
• Diplomatic premises (embassies, consulates) are inviolable.

Limitations:
• Immunity does not cover grave crimes (e.g., murder).
• Host countries can declare diplomats persona non grata (unwelcome) and expel them.

Example:
• Julian Assange sought asylum in the Ecuadorian embassy in London to avoid extradition.
• The killing of journalist Jamal Khashoggi inside the Saudi consulate in Istanbul raised
questions about the limits of diplomatic immunity.
Self-Determination
Self-determination refers to the right of a people to determine their political status
and pursue economic, social, and cultural development without external
interference.

Recognition:

• Enshrined in the UN Charter (Articles 1 and 55).

• Also reflected in the International Covenant on Civil and Political Rights

(ICCPR).

Examples:

• The independence of East Timor from Indonesia (2002) followed a UN-

supervised referendum.

• The Palestinian quest for statehood is rooted in the principle of self-

determination.
Use of Force

The use of force is prohibited under Article 2(4) of the UN Charter, except in
cases of:

1. Self-Defense: States may use force in response to an armed attack

(Article 51).

2. UN Authorization: The UN Security Council may authorize collective

action to restore peace and security.

Example:
• The US invasion of Iraq (2003) was controversial as it lacked clear UN
Security Council authorization.
• NATO’s military action in Libya (2011) was justified under a UN
mandate to protect civilians.
Recognition of States
Recognition of a state is the formal acknowledgment by other states or international organizations
that a political entity meets the criteria of statehood and qualifies as a sovereign state under
international law.
Criteria for Statehood (Montevideo Convention, 1933):
1. Permanent Population: A defined group of people.
2. Defined Territory: Recognizable and established borders.
3. Government: Effective political and administrative control.
4. Capacity to Enter into Relations: Ability to engage with other states.
Types of Recognition:
• De Jure Recognition: Full legal acknowledgment of a state.
• De Facto Recognition: Provisional recognition without full legal status.
Examples:
• South Sudan was recognized as an independent state in 2011.
• Palestine’s statehood remains contested despite recognition by over 130 UN member states.
International Humanitarian Law
International Humanitarian Law (IHL) regulates the conduct of armed conflict and
protects individuals who are not participating in hostilities. It is governed primarily
by the Geneva Conventions (1949) and their Additional Protocols.

Key Principles:
• Distinction: Combatants must distinguish between military targets and civilians.
• Proportionality: Attacks must not cause excessive harm relative to the military
advantage gained.
• Necessity: Military action must be necessary to achieve a legitimate objective.
• Humane Treatment: Prisoners of war and civilians must be treated humanely.

Examples:
• The use of chemical weapons is banned under IHL.
• The treatment of detainees at Guantanamo Bay raised IHL compliance issues.
Territorial Waters
Territorial waters are the areas of the sea adjacent to a state's coast, over which the
state exercises sovereignty. The definition and extent of territorial waters are
governed by the United Nations Convention on the Law of the Sea (UNCLOS, 1982).
Maritime Zones under UNCLOS:
1. Territorial Sea: Up to 12 nautical miles from the coast — full sovereignty applies.
2. Contiguous Zone: Up to 24 nautical miles — limited enforcement rights.
3. Exclusive Economic Zone (EEZ): Up to 200 nautical miles — sovereign rights over
resources.
4. High Seas: Beyond the EEZ — open to all states under the principle of freedom of
the seas.
Examples:
• The South China Sea dispute revolves around territorial and EEZ claims.
• The Arctic Ocean's resource potential has led to overlapping territorial claims.
International Criminal Law
International Criminal Law defines and prosecutes crimes that have global
significance, such as war crimes, crimes against humanity, genocide, and aggression.
It is enforced by bodies like the International Criminal Court (ICC) and special
tribunals.
Core Crimes under the Rome Statute:
1. Genocide – Intentional destruction of a national, ethnic, racial, or religious
group.
2. War Crimes – Serious breaches of IHL, such as targeting civilians or torture.
3. Crimes Against Humanity – Widespread or systematic attacks on civilians.
4. Crime of Aggression – Illegal use of force against another state’s sovereignty.
Examples:
• The ICC prosecuted Sudan's President Omar al-Bashir for genocide in Darfur.
• The Nuremberg Trials prosecuted Nazi leaders for crimes against humanity.
Diplomatic protection
Diplomatic protection is the right of a state to intervene on behalf of its
nationals whose rights have been violated by another state under
international law.

Conditions:
• The individual must have the nationality of the intervening state.
• The injured party must have exhausted local remedies in the offending
state.

Examples:
• The US sought diplomatic protection for its citizens detained abroad.

The International Court of Justice (ICJ) ruled on the LaGrand Case (Germany
v. US) regarding consular protection for German nationals facing the death
penalty.
Universal Jurisdiction
Universal jurisdiction allows a state to prosecute individuals for certain
grave crimes (such as genocide and war crimes) regardless of where the
crime occurred or the nationality of the perpetrator or victims.

Scope:
• Applies to crimes considered so serious that they affect the global order.
• Often invoked for piracy, terrorism, genocide, and war crimes.

Examples:
• Spain’s attempt to prosecute former Chilean dictator Augusto Pinochet
under universal jurisdiction.
• The prosecution of Rwandan genocide suspects in Belgium.
Responsibility to Protect
The Responsibility to Protect (R2P) is a global political commitment to prevent mass
atrocities, such as genocide, war crimes, ethnic cleansing, and crimes against humanity. It
was endorsed by the UN General Assembly in 2005.

Three Pillars of R2P:

1. State Responsibility: States have the primary responsibility to protect their

populations.

2. International Assistance: The international community should assist states in fulfilling

their responsibility.

3. Collective Action: If a state fails to protect its population, the international community
may intervene through the UN Security Council.

Examples:
• NATO’s intervention in Libya (2011) was justified under R2P.
• The failure to prevent the Rwandan Genocide (1994) highlighted gaps in R2P
implementation.
Extraterritorial Jurisdiction
Extraterritorial jurisdiction refers to the ability of a state to exercise legal authority beyond
its borders. This is generally limited by international law, but exceptions exist under
specific conditions.

Types of Extraterritorial Jurisdiction:

• Nationality Principle: States can prosecute their citizens for crimes committed abroad.
• Passive Personality Principle: States can prosecute crimes against their nationals
abroad.
• Protective Principle: States can prosecute acts that threaten national security.
• Universal Jurisdiction: Applies to serious crimes under international law.

Examples:
• The US prosecuted foreign nationals involved in drug trafficking.
• France exercised jurisdiction over terror suspects who targeted French citizens abroad.
Use of Armed Force
The use of armed force is prohibited under Article 2(4) of the UN Charter,
except in cases of self-defense or with UN Security Council authorization.

Legal Grounds for Using Force:

• Self-Defense: In response to an armed attack (Article 51).
• Collective Security: Authorized by the UN Security Council under
Chapter VII.
• Humanitarian Intervention: To prevent mass atrocities.

Examples:
• The US-led coalition against ISIS was framed as collective self-defense.
• Russia’s invasion of Ukraine (2022) was widely condemned as illegal
use of force.
State Responsibility
State responsibility refers to the legal liability of a state for its internationally
wrongful acts. This includes violations of treaty obligations, breaches of
international law, and unlawful conduct toward other states or individuals.

Components:

1. Attribution: The act must be attributable to the state (e.g., actions by

officials).

2. Breach of Obligation: Violation of a legal duty under international law.

3. Reparation: The state must provide restitution, compensation, or

satisfaction.

Examples:
• The ICJ ruled against the US for mining Nicaragua's harbors (1986).
• Iran was held responsible for the unlawful seizure of the US embassy (1979).
Stages in International Law
1. Confronting a Problem
The birth of international law often begins with the recognition of a global or regional challenge that
requires a collective response. This could be a conflict, humanitarian crisis, environmental issue, or
technological development that existing legal frameworks are unable to address adequately.

Example:
• The rise in greenhouse gas emissions and climate change prompted global awareness of the
need for an international framework to reduce emissions and mitigate environmental damage.
• The depletion of marine resources and pollution of the oceans raised concerns over the lack of a
legal framework to protect international waters.

Process:
• State actors, international organizations, and non-governmental organizations (NGOs) highlight
the urgency of the issue.
• Diplomatic channels are used to initiate dialogue and explore solutions through summits,
conferences, and bilateral or multilateral meetings.
• Research and data collection by scientific and policy bodies help frame the issue and propose
actionable solutions.
2. Negotiation and Drafting of a Legal Framework
Once a consensus emerges on the nature of the problem, states and legal experts begin to draft a
legal framework to address it. This stage is characterized by intense diplomatic negotiations, where
states balance their national interests with the collective good.

Example:
• The Paris Agreement (2015) was negotiated through years of climate summits under the
UNFCCC framework.
• The United Nations Convention on the Law of the Sea (UNCLOS) was the result of decades of
negotiation to regulate maritime boundaries and resource exploitation.

Process:
• Multilateral forums such as the United Nations (UN), World Trade Organization (WTO), or
specialized agencies (e.g., WHO, ILO) serve as platforms for negotiation.
• Drafting committees composed of legal experts, diplomats, and policymakers create the terms
and language of the agreement.
• Key issues include the scope of the treaty, binding and non-binding provisions, dispute
resolution mechanisms, and compliance frameworks.
3. Adoption and Legislation of a New Convention
Once the draft framework is finalized, the proposed convention or treaty is formally adopted.
The adoption process involves a diplomatic conference or a vote in the governing body of the
sponsoring international organization.
Example:
• The Rome Statute (1998) was adopted to create the International Criminal Court (ICC).
• The Geneva Conventions (1949) were adopted to establish humanitarian law in armed
conflict.
Process:
• The convention or treaty is presented for signature by member states.
• States signal their political commitment by signing the treaty, but it is not yet legally
binding until ratification.
• Some agreements require a threshold number of signatories or ratifications before they
enter into force (e.g., the Paris Agreement required ratification by at least 55 countries
representing 55% of global emissions).
4. Ratification and Entry into Force
Ratification is the process by which states formally consent to be bound by the treaty
under their domestic constitutional framework. This stage transforms the political
commitment into a legal obligation.

Example:
• The United States ratified the UN Charter in 1945, making it a founding member of
the United Nations.
• India ratified the Paris Agreement in 2016, committing to specific emissions reduction
targets.

Process:
• States submit the treaty to their legislative or executive body for approval.
• Once ratified, the treaty becomes legally binding on the state under international law.
• The treaty enters into force when the required number of ratifications is reached or
on a specified date.
5. Implementation and Fulfillment
After ratification, states are expected to implement the treaty's provisions through
domestic legislation, administrative measures, and policy changes. Compliance
mechanisms are established to monitor and report progress.

Example:
• Countries implement emission reduction targets through national laws and
environmental policies.
• Trade agreements under the WTO are implemented through changes in
domestic tariffs and trade regulations.

Process:
• National governments align domestic laws with treaty obligations.
• International bodies (e.g., WTO, WHO) monitor and report compliance.
• States participate in review conferences to assess progress and address gaps.
6. Violation and Legal Action
When a state fails to comply with treaty obligations or violates international law,
dispute resolution and enforcement mechanisms are triggered. This can involve
diplomatic mediation, sanctions, or adjudication by international courts.

Example:
• Russia’s annexation of Crimea (2014) violated the principles of the UN Charter,
leading to sanctions by the UN and the European Union.
• The US imposed trade tariffs on China, prompting a dispute resolution case at the
WTO.

Process:
• Affected parties may seek diplomatic solutions or resort to arbitration.
• The International Court of Justice (ICJ) and the International Criminal Court (ICC)
handle legal disputes and war crimes.
• Economic sanctions, embargoes, or military action may be used as enforcement
7. Resolution or Revision
The outcome of legal action may lead to compliance, renegotiation, or the introduction
of new legal frameworks to address emerging gaps. Successful enforcement
strengthens the legitimacy of international law.

Example:
• The ICJ ruling in the case between India and Pakistan over the Kulbhushan Jadhav
dispute reinforced the right to consular access under the Vienna Convention.
• The Paris Agreement includes periodic review and updates to strengthen
commitments and address new challenges.

Process:
• Legal judgments are binding on the parties involved.
• Diplomatic resolutions may lead to revised treaties or new legal frameworks.
• Successful enforcement reinforces state commitment to international law.
Understanding your obligations

• Skim the Preamble for context.

• Focus on Definitions to understand key terms.

• Identify the Scope to see if it applies to the country.

• Read the Substantive Obligations to determine what the country must do.

• Check for Reservations and Exemptions.

• Look at the Enforcement section for consequences of violation.

• Confirm the country’s Ratification Status and whether obligations are

immediate or progressive.
• Review how the treaty is implemented in domestic law.
•
Using International Law in Debate
1. Understanding the Role of International Law in MUN

International law serves as the foundation for diplomatic discourse in the

United Nations and related bodies.

In an MUN debate, international law can be used to:

• Justify your country’s position based on existing treaties, conventions,
and agreements.
• Challenge opposing arguments by referencing legal obligations.

• Propose solutions grounded in established legal frameworks.

• Hold other delegates accountable to international norms and

commitments.
 2. Using the sources of International Law
Under Article 38(1) of the Statute of the International Court of Justice (ICJ), the main sources of international law are:

International Conventions and Treaties

• Legally binding agreements between states.

• Establish rights and duties that member states must follow.

• Example: The Paris Agreement on climate change or the Geneva Conventions on the laws of war.

Use in Debate:

• "According to Article 4 of the Paris Agreement, all parties are required to update their Nationally Determined
Contributions (NDCs) every five years. Therefore, this resolution should push for greater accountability on
emission targets."

Customary International Law

• Practices consistently followed by states out of a sense of legal obligation.

• Even if not codified in treaties, customary practices are legally binding.

• Example: Diplomatic immunity and the prohibition of genocide.

Use in Debate:

• "Customary international law recognizes the right of nations to defend themselves against aggression. This
resolution is consistent with the established norms under international law."
 2. Using the sources of International Law
General Principles of Law
• Basic legal principles recognized by most legal systems (e.g., fairness, justice, equality).
• Provides a legal basis when there’s no specific treaty or custom.

Use in Debate:
• "General principles of fairness and equality demand that all nations contribute to climate mitigation
efforts based on their capabilities."

Judicial Decisions and Scholarly Work

• Rulings by the ICJ, WTO Dispute Settlement Body, and other international courts.
• Scholarly interpretations by legal experts.
• Example: ICJ ruling on maritime boundaries or WTO decisions on trade disputes.

Use in Debate:
• "In the 2013 ICJ ruling on the dispute between Nicaragua and Colombia, the court clarified the
maritime boundaries based on UNCLOS. Therefore, this resolution aligns with existing legal
interpretations."
 3. Using International Law in different stages
Opening Speech – Establish Legal Justification
• Reference treaties, conventions, and legal principles early to frame your position.
• Mention your country’s compliance or opposition to specific legal instruments.
Example:
"As a signatory to the Convention on Biological Diversity, our delegation stands firmly in
support of protecting marine biodiversity through legally binding commitments."

Debate – Challenge or Strengthen Arguments with Legal References

• Use international law to undermine or challenge vague or unsubstantiated arguments.
• Support your policy proposals by referencing legal obligations.
Example:
"Under the UN Convention on the Law of the Sea, member states are required to protect marine
ecosystems. Therefore, the opposition's claim that this measure is voluntary is inconsistent with
international law."
3. Using International Law in different stages
Drafting Resolutions – Use Legal Language

• Incorporate legally binding terms like "shall" and "must" to reflect obligations.

• Reference specific treaties and articles when drafting clauses.

Example:
"Calls upon all member states to align their national emission reduction targets with the
commitments outlined in Article 4 of the Paris Agreement."

Negotiation and Consensus-Building – Leverage Legal Commitments

• If another country opposes your proposal, point out their legal commitments.

• Use international law to create diplomatic pressure.

Example:
"As a member of the WTO, your country is bound by the principle of non-discrimination in trade.
Therefore, opposing this resolution would contradict your legal obligations."
3. Using International Law in different stages

Rebuttal – Challenge Legal Misinterpretations

• If a delegate misinterprets a treaty or law, clarify using direct citations.
• Highlight any reservations or exemptions that undermine the opposing
argument.

Example:

"While the opposing delegate cited Article 2 of the Geneva Conventions,

they failed to mention that the provision applies only in cases of declared
war."
4. Strengthening Your Argument with Legal Precedents

• Use case law – Reference ICJ, WTO, and other international rulings.
• Use UN reports – Cite findings from the UN Secretary-General, UNHCR,
or WHO.
• Use historical precedents – Show how similar situations were handled
legally.

Example:

"The 1996 ICJ ruling on nuclear weapons stated that the use of nuclear
weapons is generally contrary to international law. Therefore, this
resolution must uphold the principle of non-proliferation."
5. Key Phrases and Legal Language to Use in Debate
Legal Term Meaning Example in Debate

Obligation A binding legal duty "Under Article 5 of the Paris Agreement,

states have an obligation to protect forests."

Shall Legally binding requirement "Member states shall submit their NDCs every
five years."

Must Stronger than "shall"; implies no discretion "All countries must comply with emission
reduction targets."

Urges Diplomatic pressure, but not binding "Urges all states to adhere to the Kyoto
Protocol."

Calls upon Politically persuasive but non-binding "Calls upon member states to support
renewable energy projects."

Recalls Reference to a past resolution or treaty "Recalls Resolution 242 on the Middle East
peace process."

Affirms Reinforces existing commitments "Affirms the right to self-determination under

international law."
6. Example: Using International Law in MUN Debate
Topic: Climate Change and Emissions Reduction

"Under the Paris Agreement, all parties are legally bound to submit Nationally
Determined Contributions (NDCs). As a developing country, India has already committed
to reducing emissions intensity by 35% by 2030. This resolution strengthens those
commitments and ensures that wealthier nations fulfill their financial and technological
support obligations, as outlined in Article 9 of the agreement."

7. Final Tips
• Research your country’s position on key treaties and conventions.

• Memorize 2–3 key legal references to strengthen your argument.

• Avoid misquoting or overstating the scope of a treaty.

• Use specific articles and cases rather than general statements.

• Challenge delegates who cite treaties incorrectly or incompletely.

Key Institutions of International Law
Legislative Bodies

1. United Nations General Assembly (UNGA) & United Nations Security

Council (UNSC):
◦ Adopts resolutions and treaties.
◦ Provides a platform for international consensus-building.

2. Conference of the Parties (COP):

◦ Governs climate agreements under the UNFCCC.
◦ Facilitates negotiation and revision of environmental treaties.
Executive Bodies

1. United Nations Security Council (UNSC):

◦ Enforces decisions through binding resolutions.
◦ Authorizes sanctions and peacekeeping missions.

2. World Trade Organization (WTO):

◦ Administers trade agreements.
◦ Resolves trade disputes through the Dispute Settlement Body.
Judicial Bodies

1. International Court of Justice (ICJ):

◦ Settles legal disputes between states.
◦ Issues advisory opinions on legal questions.
2. International Criminal Court (ICC):
◦ Prosecutes individuals for war crimes, genocide, and crimes against
humanity.
◦ Operates independently of the UN.
3. International Tribunal for the Law of the Sea (ITLOS):
◦ Handles disputes over maritime boundaries and resource
exploitation.
Links for Research
Harvard Law School – How to Do Research in International Law: A Basic Guide for Beginners
https://guides.library.harvard.edu/internationallaw

United Nations – UN Research Guide on International Law

https://research.un.org/en/docs/law

American Society of International Law – International Legal Research Resources

https://www.asil.org/resources/international-law-research

UC Law San Francisco – International Law Research Guide

https://www.uchastings.edu/library/research/

University of Pennsylvania Law School – Foreign and International Law Research Basics
https://www.law.upenn.edu/library/research/foreign-international/

University of California, Irvine – Where to Begin: International Law Research

https://libguides.law.uci.edu/internationallaw

University of San Francisco School of Law – Public International Law Research Guide
https://guides.usfca.edu/international-law

Library of Congress – Public International Law Research Guide

https://guides.loc.gov/public-international-law

Case Western Reserve University – Free Legal Research Resources for Foreign & International Law
https://lawresearchguides.cwru.edu/c.php?g=288688&p=1924977

International Justice Resource Center – Guide to Researching International Human Rights Law

https://ijrcenter.org/research-guide/
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