International And Eu Law Flashcards
What is international law
The set of rules, agreements and treaties that are binding between countries
International law might address matters such as:
- Human rights
- Treatment of refugees
- Trade between states
What is a treaty
A treaty is a formal, legally binding written agreement between actors in international law
Bilateral agreement
Agreement between 2 States
Multilateral agreement
Agreement between 3 or more States
Monist system
Accept that the internal and international legal systems form a unity
Dualist system
Emphasise the difference between National and international law, and require the transposition of the latter into the former (w out transposition, international law does not exist as law)
Signature ad Referendum
A representative may sign a treaty “ad referendum” under the condition that the signature is confirmed by the State
The signature is subject to:
Ratification, acceptance or approval
Ratification
Defines the international act whereby a State indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act
Procedure of multilateral treaties
The depository collects the ratifications of all the States, keeping all parties informed of the situation
Bilateral treaties procedure
Ratification is usually accomplished by exchanging the requisite instruments
Accession
The act whereby a State accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other States