Lecture 8 - international law Flashcards
What is national law?
Regulates (primarily) national circumstances/situations between individuals and between state vs individuals.
What is international law?
Regulates situations between states (war, diplomacy, trade, human rights) in the form of treaties, general principles and international practice/customs.
What is EU law?
A part of international law and regulates matters between States (member states and external relations with third parties), between individuals and between State(s) vs individuals.
What is public international law?
The set of rules, norms and standards generally accepted in relations between nations (traditional - Vienna convention). It is mostly applicable to countries rather than individuals. A breach can be met with coercive action such as military intervention or diplomatic and economic pressure. The UN sometimes police internationally.
What is private international law?
Relates to multi-jurisdictional disputes between individuals, companies and sometimes a State. There are then three questions to consider:
- Which country has jurisdiction = In which country do we deal with the dispute?
- Whose law should apply?
- Can a judgement rendered in one country be recognized and enforced in another? (otherwise contract is useless)
What is a Free Trade Agreement (FTA)?
Rules are meant to apply only between the contracting parties; common internal policy but different external policies. There is a varying degree of collaboration in different FTAs, where some eliminate custom duties (tariff barriers) and some eliminate regulatory differences. NAFTA and EU-Canada (CETA) are two examples of FTAs.
What is a Customs Union?
Adds on to FTA; still common internal policy, but also a common policy towards non-members. An example is EU-Turkey.
What is the EU, in relation to FTA & CU?
Even further extended collaboration. Can be seen as the most advanced customs union in the world, with four freedoms.
What does regulated by ordinance mean?
Regulated by the government
What is the direct effect of EU law?
Because of supremacy, individuals can say “EU law applies so I am allowed to do this even if national law says something else”. If conflict between the laws, EU law always wins.
What are the different types of law in the EU?
- The EU treaties (constitution) = primary law with fundamental rights.
- Legislative measures such as regulations, directives & decisions = secondary law
- Case law by the Court of Justice of the EU (CJEU). Have the final say in anything related to EU law, member states must abide.
What is the World Trade Organisation (WTO)?
FTA between many countries that constitutes a package of agreements about reducing tariffs to make trade cheaper. The EU member states are a part of the WTO. It is however not possible to use it as supremacy like EU law. There is no common market with a regulatory homogeneity.
What are three key issues with BREXIT?
Wanted to leave EU to not give up power to supreme EU.
- Citizens’ rights
- Financial settlement (divorce bill)
- Northern Ireland - reintroduce border
Full effect not seen yet, muted by pandemic.
What is the EU-UK Trade and Cooperation Agreement (TCA)?
A new framework for law enforcement and judicial matters, saying for example that there should be no tariffs or quotas on trade of goods that meet rules of origin.
