lecture 1 - introduction Flashcards
What is public international law focused on?
Issues of ‘public’ concern such as human rights, climate change, and international humanitarian law
Public international law addresses global issues that affect the international community.
What characterizes the structure of public international law?
Decentralised, ‘horizontal’ character lacking a central authority
This means there is no single governing body that enforces international law.
Who are the key actors in public international law?
States, which enjoy full legal personality
States are the primary subjects of international law and must practice and believe in it (opinio juris) for it to be effective.
What role do international organizations play in public international law?
A secondary role compared to states
International organizations can influence law but do not have the same status as states.
What entities besides states play a role in public international law?
De facto regimes, national liberation movements, multinational companies
These entities may contribute to the development and enforcement of international law.
What is the classic statement on the sources of international law?
Article 38 of the ICJ statute
This article outlines the key sources recognized in international law.
Also: the teachings of highly qualified publicists is strnage ➞ this is like saying that international law is what professors say it is. This article puts judicial decisions on the same level as academic opinion. But its not like what you put in a textbook automatically becomes law. It was already law, thats why it was put in text books.
What are the key sources of international law today?
- Treaties
- Customary law
- General principles of law
These sources form the foundation of international legal norms.
Can judicial decisions create international law?
No, they are meant to interpret and apply the law, not create new principles
However, courts have sometimes expanded their role beyond mere interpretation.
Are decisions of international organizations always binding?
No, not all decisions create law
Some organizations possess significant power, but their decisions may not have binding legal effect.
What is a unilateral act in international law?
An act by one party that can potentially become a rule for all
The implications of unilateral acts can vary based on context and acceptance by other states.
What is soft law?
Documents that are not officially binding but carry significant practical importance
Soft law includes declarations and codes of conduct that influence behavior despite lacking formal legal status.
Is there a formal hierarchy between the sources of international law?
No formal hierarchy exists; they are considered to be of equal weight
threaty norms, customary law and general principles -> equal weight
This can lead to a chaotic system of norms.
What are ius cogens norms?
Norms that are considered preemptory and superior to all other norms
preemptory norm = superbinding
These norms cannot be derogated by any state.
What is the significance of lex specialis and lex posterior in conflicts of norms?
They provide guidance on which norm prevails in case of conflict
Lex specialis applies when a specific law governs over a more general one, while lex posterior applies when a later law supersedes an earlier one.
What is the concern regarding fragmentation in international law?
Ensuring coherence and unity amidst growing specializations and sub-regimes
The diversification of international law raises questions about maintaining a common core of principles.
After all, with the emergence of ever more separate specialisations and sub-regimes (including organisations with their own adjudicators), it may prove difficult to ensure that the ‘common core’ remains intact, and that similar terms, rules and principles are interpreted and applied similarly
What was the culmination of the International Law Commission’s Study Group’s exploration of fragmentation?
The ‘Koskenniemi report’ (2006)
This report addresses the challenges posed by the fragmentation of international law.
Are the risks of serious clashes in international law significant?
No, the risks are not so great despite some observable divergences
While some cases of conflict exist, they are relatively few compared to the overall application of international law.
