Sept 12 Flashcards
Consists of rules and principles of general application
Public International Law
Domestic law which deals with cases where foreign law intrudes in the domestic sphere where there are questions of the applicability of foreign law or the role of foreign courts.
Private International Law
Is a horizontal system dominated by states which are: in principle considered sovereign, and equal international law is, thus predominately made and implmentded by States
International Law
Capacity to enter into relations with other states.
International Law
Establish by States through international agreements and their powers are limited to those conferred on them in their constituent document.
International Organizations
have a limited degree of international personality
International Organizations
Individuals are generally not regarded as legal persons under international laws.
Nationality of Individuals
Companies, ships, aircraft and space craft are usually considered as having the nationality of the state in whose territory they are registered.
Nationality of companies
If a national of State A is injured by State B through internationally unlawful conduct, State A may make a claim against State B on behalf of its injured national.
Doctrine of Diplomatic Protection
International conventions, whether general or particular establishing rules expressly recognized by the contesting states.
International obligations
are written agreement between states that are governed by International laws
Treaties
Basic Principle of Treaties
Pacta sunt servanda
means every treaty in force is binding upon the parties to it and must be performed by them in good faith.
Pacta sunt servanda
general rule, shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty
Treaties
supplementary means of interpretation of ambiguity
Travaux perparatories