International Law

Question 1

Domestic vs International Law

Answer 1

• Domestic - individuals vs the state/ other individuals
  - individuals are subject to law and law-making bodies
  - compulsary and enforceable
  - courts, police,military
• International - states are the primary actors
  - individuals can be involved only if states agree
  - states are sovereign
  - largely voluntary
  - relies on consent

Question 2

Types of international law

Answer 2

• Private international law
• Supranational law - EU law
• Public international law, relationships and disputes between states - treaty law and UN conventions, international criminal law etc

Question 3

Norms of international law

Answer 3

• Jus Cogens (compelling law) - prohibition of: genocide, slaving,torture, cruel punishments
• Customary law - the way states act over time can give rise to legal obligations
  - such as human intervention, humnitarian law etc

Question 4

Treaty law

Answer 4

• Bilateral/ trilateral = between 2/3 states - eg. ANZUS treaty - Australia, NZ and USA
• Multilateral treaties - between more than 3 states, eg. UN charter

Question 5

The process

Answer 5

• Negotiation
• Drafting
• Opening the treaty for signature
• Ratification - bound to a treaty
• Implementation - some countries must create enabling legislation
• Entry into force
• Enforcement
• Reservations/exceptions
• Additions
• Accession