International Law Flashcards
What is international law concerned with?
International law is concerned with the relationships which states have with one another.
What does ‘state sovereignty’ mean?
State sovereignty is the power each state has to create law within its own territory.
What is the purpose of international law?
To maintain relationships between states. It maintains order and promotes co-operation between states.
Which treaty provides guidance on the definition of a state for the purpose of international law?
The Montevideo Convention on the Rights and Duties of states.
What does the Montevideo Convention define a state as?
A state should have a permanent population, a defined territory, a government and a capacity to enter relations with other states.
What is the purpose of the UN?
The UN is an international organisation in place to promote co-operation between states, maintain relationships and help to resolve disputes.
Give three examples of fields of international law.
The law of the sea, Humanitarian law and Human rights.
Name the three sources of international law
Treaties, general principles, custom
What is a treaty?
an agreement between states which is in writing and governed by international law
Where does the definition of a treaty come from?
Vienna Convention on the Law of Treaties
What is customary international law?
Customs or behaviours which have developed over time which states practice as though they are law. Opinio juris is the mental element which shows a state believes the practice to be a binding rule. The state adopts an international law as a binding piece of domestic law (IE prohibition on torture)
What are general principles?
General principles are used to “fill the gaps” where there is no law available to use. A judge may look to international law to fill the gap where a domestic law does not exist.
