International legal order

Question 1

What is international law?

Answer 1

A set of rules to organize the relation between states

exists in different domains. organizes cohexistence and solidarity

Question 2

What are the actors of the international legal order?

Answer 2

The primary subjects of international law are states, and to some extent international organizations.
Non-state actors and individuals are not traditionnally actors of int’l law, but have growing relevance

Question 3

What are the sources of international law?

Answer 3

According to Article 38 of the Statute of the International Court of Justice
Main sources: international conventions (treaties), international custom, and general principles of law
There is no hierarchy between these sources, so the determination of the law applicable to a particular situation depends primarily on the specific issues the parties seek to resolve
Complementary sources: judicial decisions

Question 4

What are treaties?

Answer 4

International agrement concluded between States in written form, and governed by international law.
Binding!

Question 5

How are treaties made?

Answer 5

1. Drafting
2. Adoption by negotiating body
3. Acceptance by States:
   - Signature (morally binding) and Ratification (legally binding, obligation)
   or
   - Accession: State becomes a party to a treaty of which it is not signatory. Can add provisions
   or
   - Succession: when a new state appears out of an old one, treaties on borders and human rights remain binding
4. Registration (every treaty must be registered with the Secretary-General of the UN)
5. Entry into force

Question 6

What are reservations? When are they acceptable?

Answer 6

Conditional interpretations of a treaty by a State, based on which the State accepts to be bound by the treaty
Reservations can be made when signing, ratifying, accepting, or acceding to a treaty, must be made in writing and sent to depository
Reservations do not change the provisions for the other countries
Reservations are acceptable if:
- not prohibited by the treaty
- the nature of the reservation must not be limited by the treaty
- the reservation is compatible with the object and purpose of the treaty

Question 7

What is jus cogens?

Answer 7

Imperative norms, overriding principles that exist in international law
No derogation is permitted, they restrict the freedom of all States (erga omnes)
Although there is no hierarchy between sources of international law, any treaty that conflicts with jus cogens is void

Question 8

What are general principles of law?

Answer 8

Principles that have been used by the ICJ in order to fill gaps in convention or customary international law
Can also be used as a means of interpreting convention. If no sources of law provide an answer, the decision would be made on the basis of equity and fairness