Law Flashcards
A system of rules and principles that governs
relations between sovereign states and
other international actors such as
international organizations.
International Law
emphasized that international law is
a system based on the consent of states, meaning that
its rules are only binding if states agree to them. He
highlighted sovereignty as a key principle and stated
that international law primarily governs interactions
between states rather than individuals.
Lassa Oppenheim
also referred to as
domestic law, refers to the legal system
governing a specific nation or country.
Scholars define national law as a set of
rules, regulations, and statutes created
by a sovereign state to regulate the
behavior of individuals, institutions, and
the government within its territory.
National Law
are two legal theories that explain
how international law becomes part of a country’s
national legal system. These doctrines address the
relationship between international law (such as
treaties or customary international law) and national
law, particularly how international obligations are
adopted into a state’s legal framework
Doctrine of incorporation and the Doctrine of
transformation
The doctrine of incorporation holds that international law, particularly
customary international law, is automatically part of a state’s
national law without the need for additional legislation. In other
words, when a state recognizes international norms or obligations,
they are automatically integrated into its domestic legal system and
can be directly applied by courts.
Doctrine ofIncorporation
Customary
international law and, in
some cases, treaties
can be directly applied
by national courts.
Direct application
There is no requirement
for the national
legislature to pass laws
incorporating these
international
obligations; they are
automatically part of
national law.
No need for legislation
In some jurisdictions,
this doctrine reflects the
idea that international
law can have primacy
over conflicting
national laws.
Primacy of international law
on the other hand, holds that
international law does not automatically become part of national law.
Instead, for international law to have effect within a state’s legal
system, it must be “transformed” into domestic law through
legislative processes. This means that national lawmaking bodies
must pass legislation to adopt or incorporate international treaties or
customary international norms.
Doctrine of Transormation
International treaties or
obligations must be
enacted into national
law through legislation
before they can have
legal effect.
Legislative action required
This doctrine reinforces
the idea that a state’s
legislative body retains
control over whether
and how international
law is adopted.
Domestic sovereignty
It emphasizes a clear
separation between
international
obligations and
national law, meaning
that international law
cannot be applied
domestically unless
specifically
incorporated by statute.
Separation of
International and
National Law
Formal agreements between multiple states that create binding legal
obligations. These are often global in scope and address issues like human
rights, environmental protection, or trade
Multilateral Treaties
Agreements between two states that create specific legal obligations for
both parties, usually in areas like trade, defense, or diplomacy (e.g., a trade
agreement between two countries).
Bilateral Treaties
Agreements involving three or more states that establish common legal
obligations on issues of international concern (e.g., the Paris Agreement on
climate change).
Multilateral Treaties
The unwritten practices and rules that have developed over time
through the consistent and general behavior of states in the
international arena.
International Customs
the consistent actions or behaviors of states over time,
demonstrating how they act in certain situations, which helps to form
international customs.
State practice
the belief held by states that their
actions are legally required or that they are following a legal obligation,
not just out of habit or convenience.
Opinio Juris Sive Neccessitatis
Fundamental, overriding principles of international law
that are universally accepted and cannot be violated by any state.
These norms are so important that no state can opt out of them, even
by treaty. Examples include the prohibition of genocide, slavery, and
torture.
Jus cogen
Legal obligations that a state owes to the
international community as a whole. These duties are so critical that
every state has a legal interest in their enforcement, such as the duty to
prevent acts like genocide or protect human rights.
Obligation erga omnes
Representatives from participating states engage in discussions
to reach an agreement on the terms and provisions of the treaty.
Negotiation
Once the terms are agreed upon, the treaty is
signed by the official representatives of the states involved, signifying their
initial agreeme
Exchange of Ratification Instruments
The treaty is submitted to the relevant
constitutional bodies (such as parliaments or senates) of the respective states
for formal ratification, thereby making it legally binding.
Ratification by Constitutional Organs:
The treaty is registered
with the Secretariat of the United Nations and published for international
recognition and record-keeping.
Registration and Publication by the UN Secretariat
This Latin phrase translates to “treaties
do not harm or benefit third parties.” It means that agreements made between
two parties do not create legal rights or obligations for third parties who are
not involved in the treaty.
Pacta Tertii Nec Nocent Nec Prosunt:
This Latin phrase means “agreements must be kept.” It
emphasizes the principle that treaties and international agreements are legally
binding and must be observed by the parties involved. This principle underlines
the importance of honoring commitments in international law
Pacta Sunt Servanda:
: This Latin phrase translates to “things thus standing.” It
refers to the principle that a treaty is binding only as long as the fundamental
circumstances under which it was agreed upon remain unchanged. If there are
significant changes in circumstances, a party may be able to withdraw from or
modify its obligations under the treaty.
Rebus Sic Stantibus:
agreement is a type of international agreement made by the
executive branch of a government without the need for legislative approval or
ratification by a formal treaty process. These agreements can be used to manage
routine matters, such as trade relations or military cooperation, and can be
entered into more quickly than treaties
Executive Agreement
is a specific type of agreement between the Holy City (the jurisdiction
of the Pope) and a sovereign state. These agreements are primarily concerned
with the relationship between the Catholic Church and the state, addressing issues
such as the rights of the Church, the status of clergy, and the regulation of
religious practices.
Concordat
