class 10

Question 1

what is a source of law?

Answer 1

how the rules are made, how the old rules are repealed or abrogated (un-apply a law because it has been substituted)

Question 2

sources of law are…

Answer 2

different

Question 3

explain domestic law

Answer 3

constitution, international treaties, statutory law, case law (jurisprudence), regulations, customs, doctrine

Question 4

explain international law in the world of treaties

Answer 4

treaties (conventions, pacts, covenants, charters, protocols, statutes)**, customary international law, Ius Cogens, general principles of law → core guidelines of the law (interpret the law), judicial decisions (only binding to the parties involved), and soft law

Question 5

definition of a protocol

Answer 5

used for a compliment of a treaty

Question 6

definition of a charter

Answer 6

used for certain declarative issues

Question 7

definition of domestic law

Answer 7

assimilates international law

Question 8

what does Ius Cogens mean?

Answer 8

a category of norms that govern customary international law (torture, slavery, genocide, etc., THINGS THAT NEVER CHANGE)

Question 9

what is pacta sunt servada?

Answer 9

The most basic concept in international public law. It needs signatures and ratification

Question 10

what is the difference between statutory law and case law?

Answer 10

Both are super important. Statutory is the wheel of the people, contractualism’s basic form. Legislators are prone to make technical mistakes since they aren’t lawyers. Case law will be more useful when interpreting the law. Case law supports statutory law when you interpret it. They complement each other

Question 11

explain the withdrawal of a treaty

Answer 11

long process, reservation in a treaty: no to be truly engaged (certain parts of the treaties won’t be imposed on them)