INTRODUCTION Also Known As, ‘Thinking is Good’ International law, according to the United Nations, defines the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries. Its domain encompasses a wide range of issues of international concern, such as human rights, disarmament, international crime, refugees, migration, problems of nationality, the treatment of prisoners, the use of force, and the conduct of war, among other. It also regulates the global commons, such as the environment and sustainable development, international waters, outer space, global communications, and world trade (United Nations). Yet, international law can be defined differently, usually based on the …show more content…
According to Rourke (2007), the international system is “an abstract concept that encompasses global actors, the interactions (especially patterns of interaction) among those actors, and the factors that cause those interactions. The international system is the largest of a vast number of overlapping political systems that extend downward in size to micro-political systems at the local level” (Rourke). This international system uses the Westphalian model, created by the Treaty of Westphalia. “The treaty that ended the Thirty Years’ War (1618-1648). The treaty signals the birth of the modern state system and the end of the theoretical subordination of the monarchies of Europe, especially those that had adopted Protestantism, to the Roman Catholic Church and the Holy Roman Empire. While the date 1648 marked an important change, the state as a sovereign entity had begun to emerge earlier and continues to evolve” (Rourke). The Westphalian system calls for national interest over international priority. This is because “International Law is rooted in acceptance by the nation states which constitute the system” (Cornell University Law School). Therefore, if a nation chooses not to accept international legislation or Intergovernmental Organizations (IGOs), then that state can choose not to agree to it. IGOs are “international/transnational actors compose of member-countries” (Rourke). We have seen this in states refusing to sign the Non Proliferation Treaty or refusal to join the International Criminal Court. “Without a unique governing, enforcing entity, international law is a largely voluntary endeavor, wherein the power of enforcement only exists when the parties consent to adhere to and abide by an agreement” (HG.org). Therefore, when international law is voluntary and states work in a Westphalian system, there is no incentive to adhere to international law over national sovereignty. In addition, IGOs rely on