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Intro to International Law
Transcript of Intro to International Law
- There is no universal international legislature to pass laws
- Enforcement measures are only sometimes available
- Basically international peer pressure Sources of International Law Defined by Article 38 of the Statute of the International Court of Justice, International Law consists of
a) International conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
b) International custom, as evidence of a general practice accepted as law
c) The general principles of law recognized by civilized nations;
d) Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. Can Int. Law Change the World? Judge Sir Christopher Greenwood, ICJ International Legal Personalities States :
- Defined Territory
- Established Government
- Capacity to enter relations with other States
International Organizations :
- Established through international agreements
-Individuals, companies, ships WWII
Rights and Responsibilities But Who Cares? Answer: You Where do we see International Law at Work in daily life?
When might you be thrilled about international law? Why Int. Law? - The currency of international law
- Supreme political authority over territory / persons within
- Discovery, Occupation, Prescription, Conquest, Cession Treaties International Custom Thunderdome Debate:
Two Teams Enter One Team Leaves You will take either the pro or con side of the question "Can International Law Change the World". You will have 15 minutes to work with a partner to develop debate points for your assigned position- BE CREATIVE and GET SPECIFIC.
Each team will get 3 minutes to debate. 2 minute introduction, 1 minute rebuttal.
Feel free to use your smartphones, and previous knowledge from other classes to form your argument.
To the victors go the spoils. - Different Names, same meaning
- (treaty, convention, covenant, protocol, exchange of notes, agreement, accord, etc.)
- multilateral, bilateral, regional, global
- 1269 BCE Hattusilis III and Ramses II
- friendship, lasting peace, territorial integrity, non aggression, extradition, and mutual help.
- 1969 Vienna Convention on the Law of Treaties
- 1986 Convention on the Law of Treaties between States and International Organizations
- "pacta sunt servanda" agreements must be kept - Evidence of a general practice accepted among States constantly and uniformly over time.
-Opinio juris sive necessitatis
- Burden of Proof lies on the state alleging the Law's existence
(there might be candy) Examples:
a) criminal immunity for foreign diplomats
b) treating foreign diplomatic premises as inviolable
c) recognizing the right of passage of foreign ships in territorial sea;
d) recognizing the exclusive jurisdiction of the flag State on the high seas
e) military authorities respect the territorial boundaries of neighbouring States
f) protecting non-combatants and sick or wounded soldiers during international armed conflict