International Law Flashcards
Domestic Law
The law of a state
A State
An independent entity that is recognised by other states on an international basis
What are the characteristics of a state?
a defined territory
a permanent population
an effective government
the capacity to enter into international negotiations
International Law
governs the relationships between states
State Sovereignty
the state has the authority to make rules for its population and the power to enforce these rules
International Customary Law
Based on common practices followed by many states to the point that they are accepted as being fair and right by the international community
How does International Customary Law develop?
International Customary Law develops over time
It requires ‘constant and uniform’ practice of states in order to be accepted as law
Declaration
International instruments that state and clarify the parties’ position on particular issues
Declarations are not legally binding under international law
Treaty
‘an international agreement concluded between states in written form and governed by international law’
The most commonly used source of international law
Bilateral & Multilateral Treaties
Bilateral: between two nations
Multilateral: between many states
Dualist System
In countries such as Australia, treaties do not become law immediately; the treaty only becomes legally binding on the state when the state ratifies it
The International Court of Justice
the judicial body that deals with disputes between states
The United Nations
the chief organisation involved in the development and enforcement of international law
The General Assembly
made up of representatives from all member states and is the main forum for discussion on all matters covered by the UN Charter
The Security Council
the executive of the UN and has the final say about the security and peacekeeping activities of the General Assembly
