Foundational Concepts: International Law and Social Development

Abstract

This article, “Intellectual Foundations: International Law and Social Development,” explores the evolution of international law from a system dominated by state-centric power politics to one governed by legal norms and mechanisms of peaceful dispute resolution. It emphasizes the historical impact of the World Wars, which culminated in the establishment of the United Nations in 1945 and the articulation of the prohibition against the use of force under Article 2(4) of the UN Charter. The theoretical foundations of international law are rooted in natural law, state sovereignty, the principle of consent, and the binding nature of treaties. The article further elaborates on the formal sources of international law as outlined in Article 38(1) of the Statute of the International Court of Justice—namely, treaties, customary international law, general principles of law, judicial decisions, and scholarly writings.The article also delineates the procedural stages of treaty-making: negotiation, signature, ratification, and registration. Particular attention is given to the Thai Constitution’s Article 178, which requires parliamentary approval for treaty ratification, illustrating Thailand’s adoption of a dualist approach to the domestic incorporation of international legal obligations. Furthermore, the article outlines the criteria for statehood under the Montevideo Convention, which include a permanent population, a defined territory, an effective government, and the capacity to enter into relations with other states. It also examines legal theories concerning the recognition of states and governments, including declaratory, constitutive, Tobar, and Estrada doctrines. The article concludes that international law plays an essential role in facilitating peaceful dispute settlement and promoting global peace, justice, and sustainable social development.