Fix the mistake: International Society and Japan's Role

Sovereign States and International Law

The modern international society in which we live is based on a system in which sovereign states coexist. International law exists as a set of rules governing relations among states and supports the international order. Correctly understanding these two concepts is the first step toward interpreting international society.

Basic Knowledge

The sovereign-state system (Westphalian system), in which European countries recognized one another’s territories and sovereignty, was established by the Treaty of Westphalia in 1648. A sovereign state has three elements: ① territory, ② people, and ③ sovereignty (independence from other states and supreme power to govern domestically). States are legally equal in international society (the principle of sovereign equality), and interference in the domestic affairs of other states is prohibited (the principle of noninterference in domestic affairs).
The rules governing relations among states are called international law. There are two types. International customary law consists of practices repeated among states over many years that have come to have legal force, and it applies to all states (for example, diplomatic privileges and immunities). A treaty is a written agreement between states and binds only the countries that conclude it. The International Court of Justice (ICJ) is a body that interprets international law and peacefully resolves disputes among states; it is one of the principal organs of the United Nations. In principle, however, both parties to a dispute must consent to bringing a case before the ICJ.

Further Study (Background and Significance)

Before the establishment of the Westphalian system, religious and political authorities such as the Roman pope and the Holy Roman Emperor had influence across national borders in Europe. After the devastation of the Thirty Years’ War, the Treaty of Westphalia was concluded, and the idea that “states are the basic units of international order” spread throughout the world. This system remains a basic principle of international society today.
However, in modern times the concept of the “Responsibility to Protect (R2P)” has emerged in response to human rights violations and the spread of weapons of mass destruction, leading to arguments that the international community may intervene in humanitarian crises. Balancing the traditional principle of noninterference in domestic affairs with international human rights protection is an important issue in modern international politics. ICJ judgments are legally binding, but because the means of compulsory enforcement are limited, their implementation largely depends on the voluntary willingness of states, which is a practical limitation.

Points to Note (Easily Confused Concepts)

① Difference between international customary law and treaties: customary law binds all states, while treaties bind only the states that are parties to them. ② Difference between the ICJ (International Court of Justice) and the ICC (International Criminal Court): the ICJ handles disputes among states, while the ICC judges individuals, such as war criminals. ③ Sovereignty has two aspects, “popular sovereignty” and “state sovereignty,” so attention must be paid to the context. ④ The Westphalian system established the coexistence of sovereign states, not the spread of democracy.

Practice

1. What is the Westphalian system? Explain it together with the background to its establishment.
2. Explain the difference between international customary law and treaties, focusing on the range of states that are bound.
3. Describe the limitations faced by the International Court of Justice (ICJ).