1 - Meaning & Nature of Int. Law Flashcards
1
Q
Nature of Int. Laww
for class
A
- altho separate & distinct from domestic law
- Int. Law binds States in the adherence of common values & standards
- Int. Law has not fully developed but is in such a stage that States can conduct themselves in a relatively congenial context
2
Q
How is PIL formed?
A
- thru States practice & belief that such is the norm binding to other States.
- thru Agreement by the States (positivist > thru conventions or treaties)
3
Q
PIL how formed > Elements of 1
A
- objective element (general state practice)
- subjective element (opinion juris sive necessitates)
4
Q
how is PIL enforced?
A
- retorsion
- reprisal
5
Q
AUGUST 12 (LECTURE)
A
6
Q
Is Public International Law a “law”?
A
It depends
[a]
[b]
7
Q
How is public international law a”formed” and “enforced” to make it a law?
A
UN-Security Council can enforce insofar as those act threatening international peace (but not award for money)
8
Q
Who are the “subjects” of international law?
A
9
Q
A