Public International Law: A Complete Guide

What is Public International Law?

The concept is defined asPublic International Lawas that which regulates the relations of international society. This is the definition most accepted by contemporary thinkers, whose object is the organization and regulation of the relations of international society, composed of the so-called subjects of International Law.

Even today, International Law is a law that aims to regulate relations between States, not individuals, since individuals are the main subjects of international relations; International Law also regulates relations between Nation-States and other subjects of International Law that establish a relationship of compatibility and shared interests, and is therefore produced bycoordination of interests of these international actors.

In simple terms, we can say that it is the set of rules that organizes coexistence between countries, how they relate to each other, sign agreements and treaties, resolve conflicts, and – most importantly for you – how they treat foreigners in their territories.

Like any branch of law, International Law is a product of its social environment and reflects the characteristics of the society in which it operates, which in this case is extremely complex.

International law is shaped by international relations, and it works to understand the functioning of international society, its patterns of behavior, and changes in regulations throughout history.aiming to establish regulatory norms for this society that is in constant flux.

International Law is positive law -> To say that a law is positive means that it was created, written, and put into effect by a competent human authority, such as the State, in a specific place and time.

In 1625, Hugo Grotius, in his book "The Law of War and Peace," professed the importance of law for international society by stating: "No association of men can be maintained without law (...) Certainly also the association that unites the human race, or unites many nations, has the need of law." (GROTIUS, 2004, p. 107).

It is important to emphasize that knowing the need for a normative order does not mean that establishing a system of laws, especially in the international sphere, to meet the needs of a complex international society is a simple task.

Public International Law regulates the relations between Nation States and other subjects of International Law that establish a relationship of compatibility and alignment of interests. International Law is produced by the coordination of interests of these international subjects.

Many legal scholars approach international law from the perspective of an "ideal world," an imaginary dimension of "what ought to be," which, through linear, scientific positivist thinking, tends to regulate relationships while underestimating the real complexity of the regulated society.

Why is Public International Law important?

Let's give an example: Imagine you are Brazilian and want to travel to another country.

You have a valid passport, you've bought your plane ticket and booked a hotel. However, depending on your destination, you may still need authorization or a visa to enter.

But why?

Because you are entering the territory ofanother sovereign state, subject to the legal rules of that country.

And so, in this scenario described here, International Law begins to connect with concrete situations in the lives of travelers and immigrants.

Why does International Law matter for those seeking a visa?

There is no visa without Public International Law . Every visa you apply for stems from a treaty, a bilateral agreement, or a rule of sovereignty that defines who can enter, remain in, and move freely within a foreign territory.

Once you understand the concept presented in this article, you can learn and receive help from Serian Vistos regarding your rights as an individual and your responsibilities in an international context, such as:

• Knowing which documents really matter in the process.
• Understanding why your visa might be denied even if everything is "in order"
• Choosing the right visa type for your purpose
• Avoid mistakes that cost time, money, and the dream of travel.

International Law is positive law -> To say that a law is positive means that it was created, written, and put into effect by a competent human authority, such as the State, in a specific place and time.

In 1625, Hugo Grotius, in his book "The Law of War and Peace," professed the importance of law for international society by stating: "No association of men can be maintained without law (...) Certainly also the association that unites the human race, or unites many nations, has the need of law." (GROTIUS, 2004, p. 107).

It is important to emphasize that knowing the need for a normative order does not mean that establishing a system of laws, especially in the international sphere, to meet the needs of a complex international society is a simple task.

Public International Law regulates the relations between Nation States and other subjects of International Law that establish a relationship of compatibility and alignment of interests. International Law is produced by the coordination of interests of these international subjects.

Many legal scholars approach international law from the perspective of an "ideal world," an imaginary dimension of "what ought to be," which, through linear, scientific positivist thinking, tends to regulate relationships while underestimating the real complexity of the regulated society.

Why is Public International Law important?

Let's give an example: Imagine you are Brazilian and want to travel to another country.

You have a valid passport, you've bought your plane ticket, and you've booked a hotel. However, depending on your destination, you may still need authorization or a visa to enter.

But why?

Because you are entering the territory ofanother sovereign state, subject to the legal rules of that country.

And so, in this scenario described here, International Law begins to connect with concrete situations in the lives of travelers and immigrants.

Why does International Law matter for those seeking a visa?

There is no visa without Public International Law . Every visa you apply for stems from a treaty, a bilateral agreement, or a rule of sovereignty that defines who can enter, remain in, and move freely within a foreign territory.

Once you understand the concept presented in this article, you can learn and receive help from Serian Vistos regarding your rights as an individual and your responsibilities in an international context, such as:

• Knowing which documents really matter in the process.
• Understanding why your visa might be denied even if everything is "in order"
• Choosing the right visa type for your purpose
• Avoid mistakes that cost time, money, and the dream of travel.

International Society vs. International Community

An international society is a group of states and international organizations that coexist harmoniously AS LONG AS THESE RELATIONS ARE CONVENIENT. International society, then, is a set of international entities—states, international organizations, state and non-state entities, including human beings as recipients of international law— regulated by international norms that are the product of the will of these subjects.

Therefore, we introduce the concept of a relationship of tolerability – bonds based on interests. They tolerate each other, they establish rules of coexistence to avoid physical altercations, but not necessarily because they like each other.

One of the major points of interest among states is the economic issue and the military issue, including protection against future wars and conflicts that may occur.

International law regulates international society.

Already International Community -> It's a grand utopia, a grand dream; the word 'community' comes from the common good.

Critical Analysis of International Society

The complexity of international relations and the heterogeneity of subjects of international law prevent the effective construction of an identity, since interest becomes the main driving force that enables the determination of which states are allies or not in this competitive context. What is perceived is that a large part of the so-called identities between different peoples, in reality, do not stem from this connection of common factors between them, but from the actions of a group that, using force, ends up imposing its culture on another people and ends up calling this violence identity.

The great challenge of International Law and of the analysis of international society itself has been to understand international relations as complex and impossible to regulate and control through linear and universal legal norms, which largely end up reinforcing the differences between international actors.

Analyzing history reveals that the tendency towards universalization often enables the creation and application of norms that lead to the maintenance of what are mistakenly seen as superior civilizations in the control of thought, the application of norms, and even power on an international level.

Ideally, there would be an International Community, but unfortunately , reality proves time and again that, despite the discourse surrounding the existence of an international community, when we actually analyze these relationships, they are much more driven by political, military, economic, and ideological interests than by cooperation and shared identity.

We can give the example of partners seeking profits, which is very similar to the relationship between these states. 
The community would be the relationships we have in our lives based on friendship, on identifying with these people. It is through this reflection that we criticize the idea of ​​the international community as a utopia, because interests take precedence.

Let's now talk about one of the main problems that has always been encountered with International Law:

International Law is complex to understand, since it is difficult to comprehend a legal system that does not necessarily share the same characteristics as the domestic law we study.

Law is mandatory; it is a way of resolving disputes and organizing society. It is used to regulate social relations and prevent people from resorting to violence (aggressive acts of provocation committed against someone, such as pushing, shaking, tearing, ripping off clothes, etc.), aiming at the pacification of society.

Where does law come from? From a nation-state that produces legal norms, and it generally has a territorial limitation for its application, although there are exceptions. Law is coercive, which means that law is mandatory.

Domestic Law:

Domestic law is:

-> territorial;
-> coercive;
-> uniform (establishes an egalitarian rule for everyone within the State, at least a priori, although we can criticize this);
-> sovereign (established sovereignly by a single State within its territory);
-> objective; and
-> originates from a State.

Domestic law is established through a vertical system. We have the executive, legislative, and judicial branches, and we receive orders from the top down and follow those orders; individuals and legal entities obey the rules within the territory.

Problem:

Herein lies one of the major problems in understanding International Law and comparing it to Domestic Law: the realization that, due to the location and reality of international society, International Law does not share these same characteristics because it does not apply to the territory of a single State, nor does it stem from the will of a single State.

The characteristics attributed to Public International Law do not necessarily apply in the same way as the characteristics of Domestic Law. Public International Law demands a new analysis, a new perspective, due to the reality it regulates.

Some critics argue that International Law is a grand utopia, or that it's used ideologically to establish the perception that there exists a rule that isn't really law.

Many theorists argue that International Law isn't law at all, because it doesn't share the same characteristics as Domestic Law. However, the problem here isn't the law itself, but rather the non-compliance with International Law by subjects of International Law.

International Law is established through a horizontal system:  various different subjects, International States, interact in a scenario where none is more important than the other.

Pacta Sunt Servanda International: this means that agreements and treaties signed between countries must be fulfilled in good faith. This principle is the basis of global legal security and mutual trust between nations.
International Law is governed by a kind of contractualism , which creates contracts, or treaties, between States and other subjects to establish the relationships they wish to pursue in a binding manner.

This horizontal system stems from the characteristic that states are sovereign and they would not relinquish their sovereignty. But due to their interest in relating to each other internationally, whether commercially, culturally, or amicably, they need to establish rules among themselves, and from this desire arises PUBLIC INTERNATIONAL LAW.

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