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{{Other uses|Secret society (disambiguation)}}
[[Image:Unpicture.jpg|thumb|right|325px|The [[United Nations]] is responsible for much of the current framework of [[international law]]]]
{{Globalize|date=December 2010}}
 
{{Refimprove|date=May 2009}}
'''กฎหมายระหว่างประเทศแผนกคดีเมือง''' ({{lang-en|public international law}}) เป็น[[กฎหมายระหว่างประเทศ]] ว่าด้วยโครงสร้างและการดำเนินงานของ[[รัฐเอกราช]] (sovereign state) และองค์กรทำนองเดียวกัน เช่น [[สันตะสำนัก]] (Holy See), ตลอดจน[[องค์การระหว่างรัฐบาล]] (intergovernmental organisation), [[องค์การพหุชาติ]] (multinational corporation) และ[[บุคคล]] (person) ไม่ว่า[[บุคคลธรรมดา]] (natural person) หรือ [[นิติบุคคล]] (juridical person) โดยแผนกคดีเมืองเป็นหนึ่งในสองแผนกของกฎหมายระหว่างประเทศ อีกแผนกหนึ่ง คือ [[กฎหมายระหว่างประเทศแผนกคดีบุคคล]] (private international law) ซึ่งว่าด้วยการแก้ไข[[การขัดกันแห่งกฎหมาย]] (conflict of laws)<ref>[http://www.law.columbia.edu/library/Research_Guides/internat_law/pubint#Definition%20of%20International%20Law Columbia Law School, McKeever, 2003 &mdash; Definition of International Law]</ref>
{{Citation style|date=May 2009}}
[[File:Secret Society Buildings New Haven.jpg|thumb|right|240px|"Secret Society Buildings at Yalle College", by Alice Donlevy<ref>Alice Donlevy was the author of a book on illustration called "Practical Hints on the Art of Illumination," published by A. D. F. Randolph, New York, 1867</ref> ca. 1880. Pictured are: Psi Upsilon (Beta Chapter), 120 High Street. Left center: Skull & Bones (Russell Trust Association), 44 High Street. Right center: Delta Kappa Epsilon (Phi Chapter), east side of York Street, south of Elm Street. Bottom: Scroll and Key (Kingsley Trust Association), 490 College Street.]]
 
A '''secret society''' is a club or organization whose activities and inner functioning are concealed from non-members. The society may or may not attempt to conceal its existence. The term usually excludes covert groups, such as [[intelligence agencies]] or guerrilla insurgencies, which hide their activities and memberships but maintain a public presence. The exact qualifications for labeling a group as a secret society are disputed, but definitions generally rely on the degree to which the organization insists on [[secrecy]], and might involve the retention and transmission of [[secret knowledge]], [[Denial of request|denial]] of membership in or knowledge of the group, the creation of personal bonds between [[members]] of the organization, and the use of secret rites or rituals which solidify members of the [[group]].
กฎหมายระหว่างประเทศแผนกคดีเมืองมีความสำคัญเพิ่มขึ้นทุกขณะ โดยเฉพาะในช่วงหลังคริสต์ศตวรรษที่ยี่สิบเป็นต้นมา เนื่องมาจากการขยายตัวของ[[การค้าระหว่างประเทศ]] (global trade), [[armed conflict|ความขัดแย้งโดยใช้อาวุธ]] (armed conflict), ความเสื่อมโทรมทางสภาพแวดล้อม (environmental deterioration) ระดับสากลโลก, การละเมิด[[สิทธิมนุษยชน]] การคมนาคมระหว่างประเทศอันก้าวหน้ารวดเร็วและกว้างขวาง กับทั้งความเติบโตทางการสื่อสารระดับโลก
 
== Definition ==
การศึกษากฎหมายระหว่างประเทศแผนกคดีเมือง แบ่งเป็นสองสาขา คือ [[กฎหมายนานาชาติ]] ({{lang-en|law of nations}}; {{lang-la|jus gentium}}) และ [[กฎหมายระหวางชาติ]] ({{lang-en|law between nations}}; {{lang-la|jus inter gentes}})
Several definitions for the term have been put forward. The term "secret society" is used to describe [[fraternal organization]]s that may have secret ceremonies and means of identification and communication, ranging from ([[college fraternity|collegiate fraternities]]) to organizations described in [[conspiracy theories]] as immensely powerful, with self-serving financial or [[New World Order (conspiracy)|political agendas]], global reach, and often [[Luciferianism|Luciferian]] beliefs.{{Citation needed|date=May 2009}}
 
A purported "family tree of secret societies" has been proposed, although it may not be comprehensive.<ref>Stevens (1899), p. vii.</ref>
{{cquote|ชาติทั้งปวงจำต้อรักษาบรรดาหลักการแห่งกฎหมายระหว่างประเทศและพันธกรณีของตนไว้ทุกขณะ|30px|30px|[[Louis Henkin]]<ref name="Henkin Quote">{{cite book|last=Henkin|first=Louis|title=How Nations Behave|year=1968|pages=47}}<br><blockquote>"It is probably the case that almost all nations observe almost all principles of international law and almost all of their obligations almost all the time."</blockquote></ref>}}
 
Application of the term is often hotly disputed, as it can be seen as pejorative.{{Citation needed|date=May 2009}}
== บ่อเกิด และภาพรวม ==
 
Therefore, the criteria that can be adopted as a definition for the term are important for which organizations any one definition would include or exclude.{{Citation needed|date=October 2008}}
{{บทความหลัก|บ่อเกิดกฎหมายระหว่างประเทศ}}
 
Alan Axelrod, author of the ''International Encyclopedia of Secret Societies and Fraternal Orders'', defines a secret society as an organization that:
Public international law has three principal sources: international treaties, custom, and general principles of law. In addition, judicial decisions and teachings may be applied as "subsidiary means for the determination of rules of law" (cf. Art. 38 of the Statute of the International Court of Justice). International treaty law comprises obligations states expressly and voluntarily accept between themselves in [[treaty|treaties]]. Customary international law is derived from the consistent practice of States accompanied by ''[[opinio juris]]'', i.e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally been looked to as persuasive sources for custom in addition to direct evidence of state behavior (and they are also explicitly mentioned as such in Art. 38 of the Statute of the International Court of Justice, as subsidiary means for the determination of rules of law). Attempts to codify customary international law picked up momentum after the [[Second World War]] with the formation of the [[International Law Commission]] (ILC), under the aegis of the [[United Nations]]. Codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to such treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are those commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of [[peremptory norm]]s (''jus cogens'') as to include all states with no permissible derogations.
* Is exclusive
* Claims to own special secrets
* Shows a strong inclination to favor its own
 
David V. Barrett, author of ''Secret Societies: From the Ancient and Arcane to the Modern and Clandestine'', uses slightly different terms to define what does and does not qualify as a secret society. He defines it as any group that possesses the following characteristics:
Public international law establishes the framework and the criteria for identifying [[Sovereign state|states]] as the principal actors in the international legal system. As the existence of a state presupposes control and [[jurisdiction]] over territory, international law deals with the acquisition of territory, [[state immunity]] and the legal responsibility of states in their conduct with each other. International law is similarly concerned with the treatment of individuals within state boundaries. There is thus a comprehensive regime dealing with group rights, the treatment of [[alien (law)|aliens]], the rights of [[refugee]]s, [[international crime]]s, [[nationality]] problems, and [[human rights]] generally. It further includes the important functions of the maintenance of international peace and security, arms control, the pacific settlement of disputes and the regulation of the [[use of force]] in international relations. Even when the law is not able to stop the outbreak of war, it has developed principles to govern the conduct of hostilities and the treatment of [[prisoners of war|prisoners]]. International law is also used to govern issues relating to the global environment, the global commons such as [[international waters]] and [[outer space]], global communications, and [[world trade]].
* It has "carefully graded and progressed teachings"
* Teachings are "available only to selected individuals"
* Teachings lead to "hidden (and 'unique') truths"
* Truths bring "personal benefits beyond the reach and even the understanding of the uninitiated."
 
Barrett goes on to say that "a further characteristic common to most of them is the practice of rituals which non-members are not permitted to observe, or even to know the existence of." Barrett's definition would rule out many organizations called secret societies; graded teaching are not part of the [[Fraternities and sororities in North America|American college fraternities]], the [[Carbonari]], or the [[Know Nothing]]s.{{Citation needed|date=May 2009}}
Whilst [[municipal law]] is hierarchical or vertical in its structure (meaning that a [[legislature]] enacts binding [[legislation]]), international law is horizontal in nature. This means that all states are [[Sovereignty|sovereign]] and theoretically equal. As a result of the notion of sovereignty, the value and authority of international law is dependent upon the voluntary participation of states in its formulation, observance, and enforcement. Although there may be exceptions, it is thought by many international academics that most states enter into legal commitments with other states out of enlightened self-interest rather than adherence to a body of law that is higher than their own. As [[D. W. Greig]] notes, "international law cannot exist in isolation from the political factors operating in the sphere of [[international relations]]".<ref>Greig, D. W., ''International Law'', 2nd edn (Butterworths: London, 1976)</ref>
 
=== Oath taking ===
Breaches of international law raise difficult questions for [[lawyer]]s. Since international law has no established compulsory [[judicial system]] for the settlement of disputes or a coercive [[penal system]], it is not as straightforward as managing breaches within a domestic legal system. However, there are means by which breaches are brought to the attention of the international community and some means for resolution. For example, there are judicial or quasi-judicial tribunals in international law in certain areas such as trade and human rights. The formation of the [[United Nations]], for example, created a means for the world community to enforce international law upon members that violate its charter through the Security Council.
Many organizations require members to take an oath at membership, not just secret societies. Such oaths often include promises to keep certain things about the organization secret.
 
=== Politics ===
Traditionally, [[sovereign state]]s and the [[Holy See#Status of the Holy See in international law|Holy See]] were the sole subjects of international law. With the proliferation of [[international organizations]] over the last century, they have in some cases been recognized as relevant parties as well. Recent interpretations of [[international human rights law]], [[international humanitarian law]], and [[international trade law]] (e.g., [[North American Free Trade Agreement]] (NAFTA) Chapter 11 actions) have been inclusive of corporations, and even of certain individuals.
Since some secret societies have political aims, they are illegal in several countries. [[Poland]], for example, has included a ban of secret political parties and political organizations in its constitution.<ref>{{citation|title=The Constitution of the Republic of Poland|date=1997-04-02|url=http://sejm.gov.pl/prawo/konst/angielski/kon1.htm|quote=Political parties and other organizations whose programs are based upon totalitarian methods and the modes of activity of nazism, fascism and communism, as well as those whose programs or activities sanction racial or national hatred, the application of violence for the purpose of obtaining power or to influence the State policy, or provide for the secrecy of their own structure or membership, shall be prohibited.}}</ref>
 
=== Colleges and universities ===
== ประวัติศาสตร์ ==
Many student societies established on university campuses in the United States have been considered secret societies. Perhaps one of the most famous secret college societies is the [[Skull and Bones]] at [[Yale University|Yale]]. Secret societies are disallowed in a few colleges. [[Virginia Military Institute]] has rules that no cadet may join a secret society,<ref>{{cite web |title=Regulations for the Virginia Military Institute, Part II, Revised 5 December 2008, 12-16(b) |url=http://www.vmi.edu/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=13639 |publisher=vmi.edu }}</ref> and secret societies have been banned at [[Princeton University]] since the beginning of the 20th century. British Universities, too, have a long history of secret societies or quasi-secret societies such as [[Pitt Club|The Pitt Club]] at [[Cambridge University]], [[Bullingdon Club]] at [[Oxford University]], the [[The 16' Club|16' Club]] at [[University of Wales, Trinity Saint David|St David's College]], the [[Speculative Society]] at the [[University of Edinburgh]], and the [[Strafford Club]] at the [[University of St Andrews]]. At one time it was common to refer to all collegiate fraternities as "secret societies".
 
== See also ==
{{บทความหลัก|ประวัติศาสตร์กฎหมายระหว่างประเทศ}}
* [[African traditional religion]]
* [[Aurora Society]]
* [[Collegiate secret societies in North America]]
* [[Conspiracy theory]]
* [[Cult]]
* [[Fight Club (film)|Fight Club]]
* [[Organized crime]]
* [[Secret combination (Latter Day Saints)]]
* [[Secret societies in popular culture]]
* [[Witchcraft]]
 
==References==
[[Image:1648 verhandlungen-rathaussaal-muenster-westfaelischer-friede 1-640x420.jpg|thumb|right|400px|The public international law originates in the [[Peace of Westphalia]] in [[Osnabrück]] and [[Münster]] (1648)]]
{{No footnotes|date=April 2009}}
{{Reflist}}
 
==Further reading==
Beginning with the [[Peace of Westphalia]] in 1648, the 17th, 18th and 19th centuries saw the growth of the concept of the [[sovereign]] "[[nation-state]]", which consisted of a nation controlled by a centralized system of government. The concept of [[nationalism]] became increasingly important as people began to see themselves as citizens of a particular nation with a distinct national identity. Until the mid-19th century, relations between nation-states were dictated by treaty, agreements to behave in a certain way towards another state, unenforceable except by force, and not binding except as matters of honor and faithfulness. But treaties alone became increasingly toothless and wars became increasingly destructive, most markedly towards civilians, and civilized peoples decried their horrors, leading to calls for regulation of the acts of states, especially in times of war.
* {{Cite book | last=Heckethorn |first=Charles William |year=1886 |title= The Secret Societies of All Ages and Countries, Embracing the Mysteries of Ancient India, China, Japan, Egypt, Mexico, Peru, Greece, and Scandinavia, the Cabbalists, Early Christians, Heretics, Assassins, Thugs, Templars, the Vehm and Inquisition, Mystics, Rosicrucians, Illuminati, Freemasons, Skopzi, Camorristi, Carbonari, Nihilists, and Other Sects |publisher=Forgotten Books |edition=2nd |url=http://books.google.com/books?id=wfyoQW1haRAC&printsec=frontcover&dq=Secret+Societies+of+All+Ages+and+Countries&hl=en&ei=1ssDTbfRBMG78gari_3oAg&sa=X&oi=book_result&ct=result&resnum=2&ved=0CDMQ6AEwAQ#v=onepage&q&f=false |isbn=9781440089992}}
* {{Cite book
| last = Whalen
| first = William Joseph
| year = 1966
| title = Handbook of Secret Organizations
| publisher = Bruce Pub. Co
| location = Milwaukee
| id = {{LCCN|66||026658}}
}}
* {{Cite book
| last = Axelrod
| first = Alan
| year = 1997
| title = The International Encyclopedia of Secret Societies and Fraternal Orders
| publisher = Facts on File
| location = New York
| isbn = 0-8160-2307-7
}}
* {{Cite book |last=Hodapp |first=Christopher |last2=Von Kannon |first2=Alice |year=2008 |title=Conspiracy Theories and Secret Societies For Dummies |publisher=Wiley |url=http://books.google.com/books?id=4htx62wIXIgC&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false |isbn=0-470-18408-6}}
* {{Cite book
| last = Roberts
| first = J. M. (John Morris)
| year = 1972
| title = The Mythology of the Secret Societies
| publisher = Scribner
| location = New York
| isbn = 0-684-12904-3}}
* {{Cite book |last=Robbins |first=Alexandra |year=2004 |title=Pledged: The Secret Life of Sororities |publisher=Hyperion |location=New York |url=http://books.google.com/books?id=1WHEwNOApAsC&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false |isbn=0-7868-8859-8}}
* {{Cite book |last=Stevens |first= Albert Clark |year=1899 |title=The Cyclopædia of Fraternities |publisher=Hamilton Printing & Publishing Company |location=New York |url=http://books.google.com/books?id=l-KEAAAAIAAJ&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false}}
 
==External links==
Perhaps the first instrument of modern public international law was the [[Lieber Code]], passed in 1863 by the [[Congress of the United States]], to govern the conduct of US forces during the [[United States Civil War]] and considered to be the first written recitation of the rules and articles of war, adhered to by all civilized nations, the precursor of public international law. Part of the Code follows:
<!-- All links to commercial sites will be deleted, please do not waste your time and ours. Thank you. -->
* [http://www.iisg.nl/collections/secretsocieties/index.php Secret Societies: a very short history] &mdash; Documents and illustrations of [[Freemasons]], [[Jesuits]], [[Illuminati]], [[Carbonari]], [[Burschenschaften]] and other putative secret societies and clandestine organizations
* Stevens, [http://books.google.com/books?id=H-K3AAAAIAAJ&dq=cyclopaedia+of+fraternities&printsec=frontcover&source=bl&ots=YDZ1fyvFxd&sig=NkvWyzzeQJjZl6DcVDTzafxYuxg&hl=en&ei=8a15Ss2tBcW_tgftnM2WCQ&sa=X&oi=book_result&ct=result&resnum=3#v=onepage&q=&f=false The cyclopædia of fraternities (2nd ed.)]. A comprehensive, though dated, review of the subject.
 
{{Use dmy dates|date=December 2010}}
<blockquote>"Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war. Military necessity admits of all direct destruction of life or limb of armed enemies, and of other persons whose destruction is incidentally unavoidable in the armed contests of the war; it allows of the capturing of every armed enemy, and every enemy of importance to the hostile government, or of peculiar danger to the captor; it allows of all destruction of property, and obstruction of the ways and channels of traffic, travel, or communication, and of all withholding of sustenance or means of life from the enemy; of the appropriation of whatever an enemy's country affords necessary for the subsistence and safety of the Army, and of such deception as does not involve the breaking of good faith either positively pledged, regarding agreements entered into during the war, or supposed by the modern law of war to exist. (...But...) Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and to God. Military necessity does not admit of cruelty—that is, the infliction of suffering for the sake of suffering or for revenge, nor of maiming or wounding except in fight, nor of torture to extort confessions. It does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy; and, in general, military necessity does not include any act of hostility which makes the return to peace unnecessarily difficult."</blockquote>
 
{{DEFAULTSORT:Secret Society}}
This first statement of the previously uncodified rules and articles of war led to the first prosecution for war crimes—in the case of United States prisoners of war held in cruel and depraved conditions at [[Andersonville National Historic Site|Andersonville]], Georgia, in which the Confederate commandant of that camp was tried and hanged, the only Confederate soldier to be punished by death in the aftermath of the entire [[United States Civil War|Civil War]].
[[Category:Secret societies| ]]
 
[[ar:تنظيم سري]]
In the years that followed, other states subscribed to limitations of their conduct, and numerous other treaties and bodies were created to regulate the conduct of states towards one another in terms of these treaties, including, but not limited to, the [[Permanent Court of Arbitration]] in 1899; the [[Hague Conventions (1899 and 1907)|Hague]] and [[Geneva Conventions]], the first of which was passed in 1907; the [[International Court of Justice]] in 1921; the [[Genocide Convention]]; and the [[International Criminal Court]], in the late 1990s. Because international law is a relatively new area of law its development and propriety in applicable areas are often subject to dispute.
[[bg:Тайно общество]]
 
[[ca:Societat secreta]]
== การขัดกันระหว่างกฎหมายระหว่างประเทศกับอธิปไตยแห่งรัฐ ==
[[cs:Tajná společnost]]
 
[[de:Geheimbund]]
{{See also|Monism and dualism in international law}}
[[et:Salaühing]]
 
[[en:Secret society]]
The conflict between international law and national sovereignty is subject to vigorous debate and dispute in academia, diplomacy, and politics. Certainly, there is a growing trend toward judging a state's domestic actions in the light of international law and standards. Numerous people now view the nation-state as the primary unit of international affairs, and believe that only states may choose to voluntarily enter into commitments under international law, and that they have the right to follow their own counsel when it comes to interpretation of their commitments. Certain scholars and political leaders feel that these modern developments endanger nation states by taking power away from state governments and ceding it to international bodies such as the U.N. and the World Bank, argue that international law has evolved to a point where it exists separately from the mere consent of states, and discern a legislative and judicial process to international law that parallels such processes within domestic law. This especially occurs when states violate or deviate from the expected standards of conduct adhered to by all civilized nations.
[[es:Sociedad secreta]]
 
[[eo:Sekreta societo]]
A number of states place emphasis on the principal of territorial sovereignty, thus seeing states as having free rein over their internal affairs. Other states oppose this view. One group of opponents of this point of view, including many [[Europe]]an nations, maintain that all civilized nations have certain norms of conduct expected of them, including the prohibition of [[genocide]], [[slavery]] and the [[slave trade]], [[war of aggression|wars of aggression]], [[torture]], and [[piracy]], and that violation of these universal norms represents a crime, not only against the individual victims, but against humanity as a whole. States and individuals who subscribe to this view opine that, in the case of the individual responsible for violation of international law, he "is become, like the [[piracy|pirate]] and the [[slave trade]]r before him, [[hostis humani generis]], an enemy of all mankind"<ref>Janis, M. and Noyes, J. International Law": Cases and Commentary (3rd ed.), Prosecutor v. Furundžija, Page 148 (2006)</ref>, and thus subject to prosecution in a fair trial before any fundamentally just tribunal, through the exercise of [[universal jurisdiction]].
[[fr:Société secrète]]
 
[[ko:비밀결사]]
Though the European democracies tend to support broad, universalistic interpretations of international law, many other democracies have differing views on international law. Several democracies, including [[India]], [[Israel]] and the [[United States]], take a flexible, eclectic approach, recognizing aspects of public international law such as territorial rights as universal, regarding other aspects as arising from treaty or custom, and viewing certain aspects as not being subjects of public international law at all. Democracies in the developing world, due to their past colonial histories, often insist on non-interference in their internal affairs, particularly regarding human rights standards or their peculiar institutions, but often strongly support international law at the bilateral and multilateral levels, such as in the United Nations, and especially regarding the use of force, disarmament obligations, and the terms of the UN Charter.
[[it:Società segreta]]
 
[[he:אגודת סתרים]]
== การตีความ ==
[[mk:Тајни здруженија]]
 
[[nl:Geheim genootschap]]
Where there are [[dispute]]s about the exact meaning and application of national laws, it is the responsibility of the courts to decide what the law means. In international law interpretation is within the domain of the protagonists, but may also be conferred on judicial bodies such as the International Court of Justice, by the terms of the treaties or by consent of the parties. It is generally the responsibility of states to interpret the law for themselves, but the processes of diplomacy and availability of supra-national judicial organs operate routinely to provide assistance to that end.
[[ja:秘密結社]]
Insofar as treaties are concerned, the [[Vienna Convention on the Law of Treaties]] writes on the topic of interpretation that:
[[pl:Tajny związek]]
: "A treaty shall be interpreted in [[good faith]] in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose." (article 31(1))
[[pt:Sociedade secreta]]
This is actually a compromise between three different theories of interpretation:
[[ro:Societate secretă]]
* The textual approach, a restrictive interpretation, which bases itself on the "ordinary meaning" of the text; that approach assigns considerable weight to the actual text.
[[ru:Тайные общества]]
* The subjective approach, which takes into consideration i. the idea behind the treaty, ii. treaties "in their context", and iii. what the writers intended when they wrote the text.
[[sr:Тајно друштво]]
* A third approach, which bases itself on interpretation "in the light of its object and purpose", i.e. the interpretation that best suits the goal of the treaty, also called "effective interpretation".
[[fi:Salaseura]]
These are general rules of interpretation; specific rules might exist in specific areas of international law.
[[sv:Ordenssällskap]]
 
[[ta:இரகசிய சமூகம்]]
== การบังคับ ==
[[zh:秘密結社]]
 
Since international law exists in a legal environment without an overarching "sovereign" (i.e., an external power able and willing to compel compliance with international norms), "enforcement" of international law is very different than in the domestic context. In many cases, enforcement takes on [[Ronald Coase|Coasian]] characteristics, where the norm is self-enforcing. In other cases, defection from the norm can pose a real risk, particularly if the international environment is changing. When this happens, and if enough states (or enough powerful states) continually ignore a particular aspect of international law, the norm may actually change according to concepts of customary international law. For example, prior to World War I, [[unrestricted submarine warfare]] was considered a violation of international law and ostensibly the [[casus belli]] for the United States' declaration of war against Germany. By World War II, however, the practice was so widespread that during the [[Nuremberg trials]], the charges against German Admiral [[Karl Dönitz]] for ordering unrestricted submarine warfare were dropped, notwithstanding that the activity constituted a clear violation of the Second London Naval Treaty of 1936.
 
=== การบังคับในระดับรัฐ ===
 
Apart from a state's natural inclination to uphold certain norms, the force of international law comes from the pressure that states put upon one another to behave consistently and to honor their obligations. As with any system of law, many violations of international law obligations are overlooked. If addressed, it is almost always purely through [[diplomacy]] and the consequences upon an offending state's reputation. Though violations may be common in fact, states try to avoid the appearance of having disregarded international obligations. States may also unilaterally adopt sanctions against one another such as the severance of economic or diplomatic ties, or through reciprocal action. In some cases, domestic courts may render judgment against a foreign state (the realm of private international law) for an injury, though this is a complicated area of law where international law intersects with domestic law.
 
It is implicit in the Westphalian system of nation-states, and explicitly recognized under Article 51 of the [[Charter of the United Nations]], that all states have the inherent right to individual and collective self-defense if an armed attack occurs against them. Article 51 of the UN Charter guarantees the right of states to defend themselves until (and unless) the Security Council takes measures to keep the peace.
 
=== การบังคับในระดับสากล ===
 
{{บทความหลัก|ระบบกฎหมายระหว่างประเทศ}}
{{ดูเพิ่ม|ข้อมติของสหประชาชาติที่ 377}}
 
Violations of the UN Charter by members of the United Nations may be raised by the aggrieved state in the [[United Nations General Assembly|General Assembly]] for debate. The General Assembly cannot make binding resolutions, only 'recommendations', but through its adoption of the [[United Nations General Assembly Resolution 377|"Uniting for Peace" resolution (A/RES/377 A)]], of 3 November 1950, the Assembly declared that it has the power to authorize the use of force, under the terms of the UN Charter, in cases of breaches of the peace or acts of aggression, provided that the Security Council, owing to the negative vote of a permanent member, fails to act to address the situation. The Assembly also declared, by its adoption of [[United Nations General Assembly Resolution 377|resolution 377 A]], that it could call for other collective measures&mdash;such as economic and diplomatic sanctions&mdash;in situations constituting the milder "threat to the Peace".
 
The Uniting for Peace resolution was initiated by the United States in 1950, shortly after the outbreak of the [[Korean War]], as a means of circumventing possible future Soviet vetoes in the [[United Nations Security Council|Security Council]]. The legal significance of the resolution is unclear, given that the General Assembly cannot issue binding resolutions. However, it was never argued by the "Joint Seven-Powers" that put forward the draft resolution,<ref>United States, United Kingdom, France, Canada, Turkey, Philippines and Uruguay</ref> during the corresponding discussions, that it in any way afforded the Assembly new powers. Instead, they argued that the resolution simply declared what the Assembly's powers already were, according to the UN Charter, in the case of a dead-locked Security Council.<ref name="UN_APV299">{{UN document |docid=A-PV.299 |type=Proces Verbal |body=General Assembly |session=5 |year=1950 |date=1 November 1950 |accessdate=2008-04-13}}</ref><ref name="UN_APV300">{{UN document |docid=A-PV.300 |type=Proces Verbal |body=General Assembly |session=5 |year=1950 |date=2 November 1950 |accessdate=2008-04-13}}</ref><ref name="UN_APV301">{{UN document |docid=A-PV.301 |type=Proces Verbal |body=General Assembly |session=5 |year=1950 |date=2 November 1950 |accessdate=2008-04-13}}</ref><ref name="UN_APV302">{{UN document |docid=A-PV.302 |type=Proces Verbal |body=General Assembly |session=5 |year=1950 |date=3 November 1950 |accessdate=2008-04-13}}</ref> The Soviet Union was the only permanent member of the Security Council to vote against the Charter interpretations that were made law by the Assembly's adoption of resolution 377 A.
 
Alleged violations of the Charter can also be raised by states in the Security Council. The Security Council could subsequently pass resolutions under Chapter VI of the UN Charter to recommend the "Pacific Resolution of Disputes." Such resolutions are not binding under international law, though they usually are expressive of the Council's convictions. In rare cases, the Security Council can adopt resolutions under Chapter VII of the UN Charter, related to "threats to Peace, Breaches of the Peace and Acts of Aggression," which are legally binding under international law, and can be followed up with economic sanctions, military action, and similar uses of force through the auspices of the United Nations.
 
It has been argued that resolutions passed outside of Chapter VII can also be binding; the legal basis for that is the Council's broad powers under Article 24(2), which states that "in discharging these duties (exercise of primary responsibility in international peace and security), it shall act in accordance with the Purposes and Principles of the United Nations". The mandatory nature of such resolutions was upheld by the [[International Court of Justice]] (ICJ) in its advisory opinion on [[Namibia]]. The binding nature of such resolutions can be deduced from an interpretation of their language and intent.
 
States can also, upon mutual consent, submit disputes for arbitration by the [[International Court of Justice]], located in [[The Hague]], [[Netherlands]]. The judgments given by the Court in these cases are binding, although it possesses no means to enforce its rulings.
The Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request. Some of the advisory cases brought before the court have been controversial with respect to the court's competence and jurisdiction.
 
Often enormously complicated matters, ICJ cases (of which there have been less than 150 since the court was created from the [[Permanent Court of International Justice]] in 1945) can stretch on for years and generally involve thousands of pages of pleadings, evidence, and the world's leading specialist public international lawyers. As of June 2009, there are 15 cases pending at the ICJ. Decisions made through other means of arbitration may be binding or non-binding depending on the nature of the arbitration agreement, whereas decisions resulting from contentious cases argued before the ICJ are always binding on the involved states.
 
Though states (or increasingly, [[international organizations]]) are usually the only ones with standing to address a violation of international law, some treaties, such as the [[International Covenant on Civil and Political Rights]] have an optional [[Protocol (treaty)|protocol]] that allows individuals who have had their rights violated by member states to petition the international [[Human Rights Committee]].
 
== ทฤษฎี ==
 
{{บทความหลัก|ทฤษฎีกฎหมายระหว่างประเทศ}}
 
International legal theory comprises a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of public international law and institutions and to suggest improvements. Some approaches center on the question of compliance: why states follow international norms in the absence of a coercitive power that ensures compliance. Other approaches focus on the problem of the formation of international rules: why states voluntarily adopt international law norms, that limit their freedom of action, in the absence of a world legislature; while other perspectives are policy oriented: they elaborate theoretical frameworks and instruments to criticize the existing norms and to make suggestions on how to improve them. Some of these approaches are based on domestic [[legal theory]], some are [[interdisciplinary]], and others have been developed expressly to analyse international law. Classical approaches to International legal theory are the [[Natural law]], the Eclectic and the [[Legal positivism]] schools of thought.
 
=== สำนักกฎหมายธรรมชาติ ===
 
The [[natural law]] approach argues that international norms should be based on [[axiomatic]] truths. 16th century natural law writer, [[Francisco de Vitoria]], a professor of [[theology]] at the University of [[Salamanca]], examined the questions of the [[just war]], the Spanish authority in the [[Americas]], and the rights of the Native American peoples.
 
===Eclectic or Grotian school===
In 1625 [[Hugo Grotius]] argued that nations as well as persons ought to be governed by universal principle based on [[morality]] and [[Divine retribution|divine justice]] while the relations among polities ought to be governed by the law of peoples, the ''[[jus gentium]]'', established by the consent of the community of nations on the basis of the principle of ''[[pacta sunt servanda]]'', that is, on the basis of the observance of commitments. On his part, [[Emmerich de Vattel]] argued instead for the equality of states as articulated by 18th century natural law and suggested that the law of nations was composed of custom and law on the one hand, and natural law on the other. During the 17th century, the basic tenets of the Grotian or [[Eclecticism|eclectic]] school, especially the doctrines of legal equality, territorial sovereignty, and independence of states, became the fundamental principles of the European political and legal system and were enshrined in the 1648 [[Peace of Westphalia]].
 
=== สำนักกฎหมายปฏิฐานนิยม ===
 
The early [[legal positivism|positivist]] school emphasized the importance of custom and treaties as sources of international law. 16th century [[Alberico Gentili]] used historical examples to posit that positive law (''jus voluntarium'') was determined by general consent. [[Cornelius van Bynkershoek]] asserted that the bases of international law were customs and treaties commonly consented to by various states, while [[John Jacob Moser]] emphasized the importance of state practice in international law. The positivism school narrowed the range of international practice that might qualify as law, favouring [[rationality]] over [[morality]] and [[ethic]]s. The 1815 [[Congress of Vienna]] marked the formal recognition of the political and international legal system based on the conditions of Europe.
 
Modern legal positivists consider international law as a unified system of rules that emanates from the states' will. International law, as it is, is an "[[Objectivity (philosophy)|objective]]" reality that needs to be distinguished from law "as it should be." Classic positivism demands rigorous tests for [[law|legal]] [[validity]] and it deems irrelevant all extralegal arguments.<ref>[[Bruno Simma]] and Andreas L.Paulus "Symposium on method in International Law: The Responsibility of Individuals for Human Rights Abuses in Internal Conflicts: A Positivist View" 93 American Journal of International Law 302 (April, 1999)</ref>
 
== สาขาของกฎหมายระหว่างประเทศแผนกคดีเมือง ==
 
<div style="column-count:3;-moz-column-count:3;-webkit-column-count:3">
* [[Lex Junia Licinia|Consular law]]
* [[Diplomatic law]]
* [[Aviation law|International aviation law]]
* [[International criminal law]]
* [[International environmental law]]
* [[International human rights law]]
* [[International humanitarian law]]
* [[Space law|International space law]]
* [[International trade law]]
* [[Law of state responsibility]]
* [[Rule according to higher law]]
* [[United Nations Convention on the Law of the Sea]]
* [[Use of force continuum]]
**[[Use of force]]
</div>
 
== ดูเพิ่ม ==
<div style="column-count:3;-moz-column-count:3;-webkit-column-count:3">
* [[Chapeau (disambiguation)|Chapeau]]
* [[Diplomatic recognition]]
* [[Environmental agreements]]
* [[Global administrative law]]
* [[International community]]
* [[International Court of Justice]]
* [[International Criminal Court]]
* [[International Criminal Tribunal for Rwanda]]
* [[International Criminal Tribunal for the Former Yugoslavia]]
* [[International Labour Organization]]
* [[International Law Commission]]
* [[INTERPOL]]
* [[International legal theory]]
* [[Hans Kelsen]]
* [[Laws of war]]
* [[Legal status of the Holy See]]
* [[List of international public law topics]]
* [[List of treaties]]
* [[Nationality]]
* [[Non-Intervention]]
* [[Personal jurisdiction over international defendants in the United States]]
* [[Prize law]]
* [[Sources of international law]]
* [[Sovereign state]]
* [[Territorial integrity]]
* [[Terrorism]]
* [[Third World Approaches to International Law]]
* [[UNIDROIT]]
* [[United Nations]]
* [[United Nations General Assembly Sixth Committee (Legal)]]
* [[University for Peace]]
* [[World government]]
</div>
 
== เชิงอรรถ ==
 
{{refs|2}}
 
== อ้างอิง ==
 
* I. Brownlie, ''Principles of Public International Law'' (7th edn [[Oxford University Press]] 2008) ISBN 0199260710
* P.-M. Dupuy & Y. Kerbrat, "Droit international public" (10th ed., Paris, Dalloz, 2010) ISBN 9782247088935
* E. Lawson, and ML Bertucci, ''Encyclopedia of human rights'' (2nd edn [[Taylor & Francis]] 1996)
* E. Osmanczyk, ''The encyclopedia of the United Nations and international relations'' (Taylor & Francis 1990)
* M. N. Shaw, ''International Law'' (5th edn [[Cambridge University Press]] 2003)
* [[Rafael Domingo Osle]], ''The New Global Law'' (Cambridge University Press 2010)
 
==แหล่งข้อมูลภายนอก ==
 
* [http://www.dipublico.com.ar/english/ Public International Law - Resources]
* [http://www.burneylawfirm.com/international_law_primer.htm A Brief Primer on International Law] With cases and commentary. Nathaniel Burney, 2007.
* [http://www.asil.org/asil100/ways.html American Society of International Law - 100 Ways International Law Shapes Our Lives]
* [http://www.graduateinstitute.ch/law Department of Public International Law, Graduate Institute of International and Development Studies, Geneva]
* [http://www.asil.org/resource/ergintr1.htm American Society of International Law - Resource Guide (Introduction)]
* [http://www.referenceforbusiness.com/encyclopedia/Int-Jun/International-Law.html International Law Details]
* [http://www.internationallawobserver.eu/ International Law Observer - Blog dedicated to reports and commentary on International Law]
* [http://www.un.org. Official United Nations website]
* [http://www.un.org/law/ Official UN website on International Law]
* [http://www.icj-cij.org/ Official website of the International Court of Justice]
* [http://www.opiniojuris.org/ Opinio Juris - Blog on International Law and International Relations]
* [http://treaties.un.org/Home.aspx United Nations Treaty Collection]
* [http://www.un.org/law/avl UN - Audiovisual Library of International Law]
*[http://www.eiil.eu/en/component/content/article/82.html The European Institute for International Law and International Relations]
 
{{Law}}
{{World government|state=autocollapse}}
 
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[[Category:International trade]]
 
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