The Nature Of International Law

Question 1

International law is a system that is…

Answer 1

DecentralisedHorizontal (everyone is equal)Based largely on consentLacks a system of effective sanctionQuestioned if it’s law or power relations

Question 2

L. Henkin

Answer 2

Almost all states comply with their international legal obligations almost all of the time

Question 3

Iraq invasion of Kuwait 1990

Answer 3

A consequence o foetal equality enforcement

Question 4

First example of international law

Answer 4

1815- envoy sent from king James I to the monghul emperor jahangir wanting trade relations

Question 5

What do most PIL lawyers think was the beginning of PIL

Answer 5

Peace of Westphalia 1648

Question 6

Different organisations

Answer 6

UNSecurity CouncilWTOthe organisation of American StatesEU

Question 7

Where do you find the aims of the UN

Answer 7

Art. 1 UN Charter

Question 8

Where do you find the basic principles of the UN

Answer 8

Art. 2 UN Charter

Question 9

About the security council

Answer 9

15 states5 permanent seats: China, France, Russia, UK, USA9/15 votes veto the power of the permanent 5

Question 10

Why do we follow international law?

Answer 10

Because it is very much we do it because it’s how we want others to treat us

Question 11

What did the Romans have?

Answer 11

The jus civile which looked at law of other domains and also had natural law elements

Question 12

Classical Greece early laws

Answer 12

In 16th century they had thought about the entire of Europe

Question 13

Name some of the founders of international law

Answer 13

VictoriaGentiliGrotius

Question 14

What is positivism?

Answer 14

Saw a move towards what states actually DO not what they SHOULD DO (the law of nature)

Question 15

Monists

Answer 15

Thought that there was one fundamental principle which underlay national and international law

Question 16

Dualists

Answer 16

(More numerous than monists) emphasise the element of consent

Question 17

The permanent court of international justice was surpassed by the…

Answer 17

ICJ

Question 18

Kelsen’s theory of ‘pure’ law

Answer 18

A legal rule becomes a rule if it is in accordance with a previous legal rule. But what about the supremacy of parliament?

Question 19

Harts theory of law

Answer 19

La wis a system of rules based upon the interaction of primary (standards of behaviour) and secondary (the means for identifying and developing them) rules - primitive societies would have only had the primary rules

Question 20

McDougal

Answer 20

An authoritative decision maker is anyone who can influence international stuff

Question 21

Why do states obey international law- professor Franck

Answer 21

Because they regard their institution,a framework as possessing a high degree of legitimacy

Question 22

Birerly- the la wolf nations, what are the shortcomings of PIL?

Answer 22

• no legislature- no executive power to enforce - lack of adequate admin bodies- lack of ability to arbitrate

Question 23

Morgenthau- politics amongst nations

Answer 23

A lot of it is “I’ve got your back you’ve got mine” as so it sort of self enforces

Question 24

How valid is the argument that it isn’t law because it isn’t observed?

Answer 24

Even domestic law isn’tIt mostly is observedWe are answerable to the EU courtsMust think of strategic relations

Question 25

Why has PIL grown so significantly since 1945?

Answer 25

GlobalisationMAD & NATOtradeMedia HR