State Relations

2023 Act Screening of the Third Country Transactions Act 2023 provides the Government with powers to protect security or public order from hostile actors using ownership of, or influence over, businesses and assets to harm the State. It empowers the Minister to respond to threats to Ireland’s security or public order posed by particular types of foreign investment, and to prevent or mitigate such threats. […]

Incorporation & International Responsibility A State does not incur international responsibility simply by failing to bring national law into accordance with international obligations. International responsibility arises only when the State fails in a concrete case to fulfil international obligations. In some cases, the rights granted by domestic statute may be broader than those required by international law. National Law in International Courts National law may […]

Responsibility to Non-National It is a general principle of international law that a state which injures a foreign national is responsible to that national’s state but not to the national for the harm done.  In order to establish state responsibility for an injury to a non-national, there must be conduct comprising an action or omission which is attributable to the State under international law.  It […]

Subjects of International Law Traditionally states only, have been the subject of international law.  States are the exclusive subject of international law and the only entities with direct rights and responsibility.  Individuals might be the objects but not the subject of international law. They might benefit from international law but are not in a position to enforce it directly. In this context, individuals refer to […]

Scope of Jurisdiction Jurisdiction refers to the extent and nature of a state’s authority over a particular territory, persons and things passing through it. It is a fundamental principle that a state may only exercise jurisdiction over its territory.  It may not exercise jurisdiction in another state without its consent. The state may exercise jurisdiction in its own territories in relation to things that have […]

Internation Law Entities International law applies only to certain classes of entities.  These are generally states and international organisation.  Entities with full international personality are the subject of rights and obligations. States are the primary and original subjects of international law.  All states have full international personality.  This personality carries related rights and duties under international law, and is the basic inherent characteristic of the […]

International Law Governments, states and countries make and enforce laws.  International law looks at how states deal with issues matters persons and entities outside of their jurisdiction. There are two principal aspects of international law. Public international law deals with relationships between states.  It also deals with matters such as international disputes, responsibility to aliens, state territories and relationships between states. Private international law deals […]

United Nations Intergovernmental organizations are permanent organisations set up by states to carry out activities in common.  The United Nations was set up for the purpose of the maintenance of peace, and security in the world, the promotion of economic and social cooperation and the protection of human rights.  Almost every country in the world is a member of the United Nations. The organs of […]

Overview Sources of international law include international conventions, international custom, and general principles of law recognised by civil States; judicial decisions and teachings of the most highly qualified jurists are subsidiary means of determining the rules of law. International law may originate with international organisations such as the United Nations, which may themselves conclude treaties on behalf of groups of states. International conventions and treaties […]

General A treaty is an international agreement concluded between states in a written form governed by international law where they are embodied in a single instrument or several instruments.  Treaties are means by which states enter engagements with each other.  They generally deal with matters of international concern, such as international trade, environmental and human rights. The law in relation to treaties itself is codified […]

Modern Development In former times, self-help was the primary remedy in international law.  If one State breaches its obligations, the other State might take forcible and non-forcible measures to punish or counteract that breach.   This could range from war and armed reprisals to more minor confrontations. The Covenant of the League of Nations sought to regulate war, if not entirely prohibit it. States may take […]

States States of necessity must have a territory.  Within its territory, the state has the right to exercise jurisdiction and the functions of a state. It is a basic principle that states may not exercise or purport to exercise jurisdiction over other states.  However, it may exercise jurisdiction over its own nationals. The number of states has more than trebled since  1945.  Most states are […]

Diplomatic Immunity A key feature of diplomatic law is the immunity of State officials and international organisations from the jurisdiction of other States.  The law has roots going back hundreds of years and is highly developed.  The modern sources of law are the various Vienna Conventions 1961 Vienna Convention on Diplomatic Relations, 1963 Vienna Convention on Consular Relations. The 1969 UN Convention on Special Missions. […]