is international law really law? Flashcards
why might some say that there is no international law?
Because there are little to no international institutions to enforce international law. lacks the systems in domestic legal systems
how do we know that there is international law?
we know that there is international law as there are treaties which regulate the rights and duties of states, individuals as we know treaties have vertical and horizontal direct effect. also within companies and individuals as they can be bound to regilations and treaties as seen in deffrene v sabena where a treaty was applied horizontally. moreover. we have international institutions such as the international court of justice which places individuals under certan obligations to refrain from doing things such as crimes against humanity. in addition, there are international organisations who provide that they create international law through treaties such at the EU
what different views of international law are there?
There is the Naturalist view which shows that universal laws from god must be respected and the laws from God are supreme over the legislators.
Positivist view: International law should come from those who are in power. cannot be adressed by religion. They are allowed to consent in the way of treaties so therefore can leave at their will.
Pragmatists: Cannot escape international law, it is necessary to keep order within the world.
what does the realist perspective show?
what does the Facilitative model show?
that international law is not law because there is no centra authority. thereofre does not exist.
the international law is not about sanctions but about creating relationships between states. EU, UN creates a facilitative role.
why do states obay international law?
if they do not then they would be seen in a bad light and reduce economic intrest. the state sees international law as a way to protect the environment and the values of the world like the geneva convention. for all states to have power they need to respect the sovereignty of other states.
is international law enforceable and adequate?
yes because if a country breaches international law they do not try to cover it up that there is no international law but rather that they breached the law due because they had too.
what is the international law of coexistence?
upholds peaceful coexistence, treaty law, territory, use of force, state responsibility, conduct of armed hostiles.
does not bring them together but rather allows them to pursue their own interests
