Lesson 3 Flashcards
What are the origins of international law?
ius gentium (Law of the people, applied between the Roman
citizens and the foreigners or between foreigners)
What are the three things the concept of international law is based upon?
(1) System of Principles and Rules that are both static and dynamic
(2) with a legal nature different from international morality and International courtesy
(3) that are historically based in norms of conduct
How is IL Defined?
IL regulates contemporary relations of coexistence and cooperation, often institutionalized, as well as certain community-minded relations between States having different degrees of
socioeconomic development and
power, and culturally diverse.
One Key Component of International Law?
Main subjects and creators ofIL are States. Said to equaland sovereign. Each of them with the same capacity. None of them stands above any other. International Law is flat, nothierarchical. Not created as aresult of the will of a higherauthority.
Therefore, law results from some form of consent of the States concerned.
Three Components of the Structure of the International Community?
(1) Relational or Horizontal
(2) Institutional or Vertical
(3) Community
Three Functions of International Law?
(1) Guarantee Coexistence (Independence)
(2) Facilitate Cooperation (Interdependence)
(3) Integration
Three General Components of International Law?
(1) Custom
(2) General Principles of Law
(3) Applicable to All States
binds all members of the Intl. Society
What makes a law particular in the context of international law?
(1) International treaties
(2) only applicable to States that give consent
It implies that aState cannot bebound by a normto which it has notgiven its consentor in theelaboration ofwhich it has notparticipated)
What are the Differences between Dispositive and Peremptory Rules in International Law?
Dispositive rules - adopted by states, can be changed by agreement of states. a majority of rules are this type.
Peremptory rules - rules of jus cogen. This can only be changed by another rule of jus cogen. This protects values of the International community. There are very few rules which fit this definition.
What are Rules of Jus Cogen?
A peremptory norm is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted
What are the aims of norms of imperative or peremptory law?
aims to reflect the legal protection of collective interests essential to the international community as a whole.
The protection of these collective interests
now concerns all States because we believe that they are erga omnes obligations, and can be carried out a priori both at the relational level (decentralized collective protection) and at the institutional level (organized collective protection), even if the latter much more suitable.
What is Erga Omnes?
In legal terminology, erga omnes rights or obligations are owed toward all. For instance, a property right is an erga omnes entitlement and therefore enforceable against anybody infringing that right.
What is a priori?
A priori and a posteriori are Latin phrases used in philosophy to distinguish types of knowledge, justification, or argument by their reliance on experience. A priori knowledge is independent from any experience.
What are the Fundamental Principles of International Law based upon?
(1) Based on the principles of the UN Charter
(2) Friendly relations and Cooperations between states
What are the 7 FP of International Law?
(1) Sovereign Equality of States
(2) Good Faith
(3) Peaceful Settlement of International Disputes
(4) Prohibition of the Threat or Use of Force in International Relations
(5) Principle of non-intervention (debate on the principle of humanitarian intervention/responsibility to protect)
(6) Principle of peaceful cooperation between States
(7) Principle of Equal Rights and Self-Determination of People
