Some sort of values that societies have, it is the society of states on an international level
1 of 24
What are the two theories of international law?
Natural law and positive law
2 of 24
What is natural law?
Law as a set of principles based on what are assumed to be the permanent characteristics of human nature. IL is derived from morality
3 of 24
What is positive law?
Law as the product of human thought and will. IL is derived from state will, state-to-state law; whatever states agree to becomes law. IL does not necessarily correspond to ethics
4 of 24
What is international law?
A set of norms, rules and practices created by states and other actors to facilitate diverse social groups
5 of 24
Is international law law?
Domestically we behave to the law, internationally there is no process to bind it to the political consent of the world. There is not dispute resolution mechanisms, no agreed upon enforcement or compliance mechanism
6 of 24
Where do our assumptions about IL come from?
Municipal law
7 of 24
What are the problems with the legitimacy of IL?
It lacks democratic legitimacy as there is no hierarchical system of courts and no clear enforcement
8 of 24
What is the effect of the anarchical international system on IL?
There is no international parliament so there is no real system of how these laws get passed and how the system is centralised
9 of 24
Why do actors obey IL?
Fear of punishment or the belief in the rightness of nroms and rules
10 of 24
What are the sources of IL?
Treaty law, customary law, general principles, subsidiary sources and obligation under anarchy
11 of 24
What are treaty laws?
International conventions establishing rules expressly recognised by contesting states
12 of 24
What does pacta sunt servanda mean?
Once you sign a treaty you are bound to convey
13 of 24
What is customary law?
International custom, as evidence of a general practice accepted as law. Therefore they are not written down or formally agreed. Treaties and rules change as contemporary situations change and develop
14 of 24
What are general principles?
The general principles of law recognised by civilised nations
15 of 24
What are subsidiary sources?
Judicial decisions and teachings as subsidiary means for the determination of rules of law
16 of 24
What is obligation under anarchy?
States are the legislators, they enter into treaties and their practice is the basis for conform. States need to consent to be bound, so this is an exception for new states
17 of 24
What is an example of obligation under anarchy?
In fishery's we have states that have territorial boundaries of where they can fish but the UK and Norway objected so they have slightly different rules
18 of 24
What are the different scope of jurisdiction of courts?
General; The International Court of Justice, Subject-Specific; International Tribunal for the Law of the Sea, Regional; Court of Justice of the European Union
19 of 24
What is the International Court of Justice?
One of the six principle judicial organs of the UN; every state has access to the court. It does not have principle jurisdiction but states can sue anyone who is part of the club. It cannot create IL and can create individual criminal responsibility
20 of 24
What measures are in place to enforce IL?
Collective, unilateral and somewhere in between the two
21 of 24
What are some examples of collective measures to enforce IL?
UN Charter, UN Security Council
22 of 24
What are some examples of unilateral measures to enforce IL?
Inherent right of individual or collective self defence and retorsion: legal response intended to harm the other state
23 of 24
What are some examples of in between measures to enforce IL?
Comments
No comments have yet been made