Lesson 4 Flashcards
When making international law - the laws must be considered what?
international law character
Different Sources of International Law?
Material sources: all the historical, moral, political, economic, psychological, etc. reasons that explain the emergence of a specific rule of law. Material sources are context- and content-oriented.
Formal sources: by contrast, are PROCESSES by which legal rules prescribing new obligations are made. Formal sources are instrument-oriented.
Four Examples of the Relevance of the Consent of States?
(1) Relative Character - of international conventional law (law of treaties): states only obliged by conventional rules to which they give consent
(2) Reciprocal Character: states only obliged by a rule before other States that give also consent to that rule
(3) Dispositive Character: conventional rules can be modified by the consent of states
(4) Particular Character: many rules only apply to states that gave consent, creating a particular international law (although there are rules applicable to all, such as custom)
What limits the relevance of State consent in the formation of IL?
Peremptory Norms
Formal Sources of International Law
(1) Article 38 Statute of the International Court of Justice
(2) Acts of International Organizations of Soft Law
(3) Unilateral Acts
(3) Material sources
Under Article 38, the International Court of Justice, deals with disputes which fall under which four categories?
(1) International conventions
(2) International custom
(3) the General Principles of Law
(4) Judicial decisions and the teachings o
Is there a hierarchy between the sources of IL?
No
What is the principle of autonomy of sources?
(1) different types of sources coexist (custom, treaties, etc.)
(2) each source has a different mechanism of application and interpretation
Hierarchy of Norms
(1) Art. 103 Charter of the UN
(2) Peremptory norms of general IL (jus cogent)
(3) Dispositive norms
What does Artc. 103 of the Charter of the UN State?
In the event of conflict between the obligations of the Members of the UN under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.
