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International Law and its Sources
Transcript of International Law and its Sources
-What is IL?
-Persons of IL.
-International Law Vs. Domestic Laws.
- which of them supersedes?
-Sources of IL.
-IL in the UN
-ICJ, the Judicial Organ.
IL in the UN
The development of International Law is one of the primary goals of the United Nations.
The Charter of the United Nations, in its Preamble, sets the objective
"to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained".
Sources of IL
ICJ, The Judicial Organ
The Court’s role is:
1-To settle, in accordance with international law, legal disputes submitted to it by States.
2- To give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.
What is International Law?
It is the law that governs the relations between persons of international law; states and IOS, in the International community
IL VS. Domestic Laws
At a very basic level, international law and domestic law differ in magnitude. Domestic law governs the behavior and actions of individuals within a certain state, whereas international law governs the behavior and actions of bodies of government: states or IOs
General Principles of Law
Types of International Law Relations
There is no specific body of law which governs the interaction of all nations
The question is, which of them supersedes the other?
According to dualism
According to monism
Treaties & conventions
Precedents by National and Lower Courts
Scholarly Writings & Jurist Opinions