Lecture 4: Law between and above states – international law Flashcards
What are the two main areas of international law?
International public law and International private law
International organizations law is also a part of international public law.
What does international public law deal with?
The conduct of states and their relations with each other and private persons.
What does international private law focus on?
The conduct of private persons in their relations with each other, especially when located in different states.
What governs the conduct of international organizations?
International organizations law.
What are the sources of international law?
- Conventions (Treaties)
- Customs
- General Principles of Law
- Decisions and Commentary
What is the role of conventions in international law?
Rules established by international treaties become binding once a state explicitly accepts them.
How can customs become binding rules in international law?
If most countries accept them as common international practices.
What can international law adopt from national laws?
General Principles of Law.
What is the Constitutive Theory of state recognition?
A state exists only if other states recognize it.
What is the Declaratory Theory of state recognition?
A state must declare itself as a state for recognition.
What is Sovereign Immunity?
Countries can’t be sued in foreign courts unless they agree.
What is Diplomatic Immunity?
Diplomats can’t be sued in foreign courts based on international rules.
What is the primary role of the Security Council?
To keep international peace.
How many members are in the Security Council, and how are they divided?
15 members: 5 permanent and 10 elected.
Who are the permanent members of the Security Council?
- US
- UK
- France
- China
- Russia
What is hard law in international law?
Legally binding rules.
What is soft law in international law?
Non-binding rules.
What does the World Trade Organization (WTO) regulate?
Trade between member countries.
What are the four principal agreements administered by the WTO?
- GATT 1994
- GATS
- TRIPs
- DSU
What does GATT 1994 focus on?
Trade in goods; reduces barriers and ensures fair trade.
What is the focus of GATS?
Trade in services; reduces barriers and ensures fair trade.
What does TRIPs address?
Trade in technology transfer; reduces barriers and ensures fair trade.
What is the function of the DSU?
Resolves trade disputes between member countries.
What is Foreign Direct Investment (FDI) in relation to WTO?
A secondary concern for WTO.
