The Nature Of International Law Flashcards
International law is a system that is…
DecentralisedHorizontal (everyone is equal)Based largely on consentLacks a system of effective sanctionQuestioned if it’s law or power relations
L. Henkin
Almost all states comply with their international legal obligations almost all of the time
Iraq invasion of Kuwait 1990
A consequence o foetal equality enforcement
First example of international law
1815- envoy sent from king James I to the monghul emperor jahangir wanting trade relations
What do most PIL lawyers think was the beginning of PIL
Peace of Westphalia 1648
Different organisations
UNSecurity CouncilWTOthe organisation of American StatesEU
Where do you find the aims of the UN
Art. 1 UN Charter
Where do you find the basic principles of the UN
Art. 2 UN Charter
About the security council
15 states5 permanent seats: China, France, Russia, UK, USA9/15 votes veto the power of the permanent 5
Why do we follow international law?
Because it is very much we do it because it’s how we want others to treat us
What did the Romans have?
The jus civile which looked at law of other domains and also had natural law elements
Classical Greece early laws
In 16th century they had thought about the entire of Europe
Name some of the founders of international law
VictoriaGentiliGrotius
What is positivism?
Saw a move towards what states actually DO not what they SHOULD DO (the law of nature)
Monists
Thought that there was one fundamental principle which underlay national and international law
Dualists
(More numerous than monists) emphasise the element of consent
The permanent court of international justice was surpassed by the…
ICJ
Kelsen’s theory of ‘pure’ law
A legal rule becomes a rule if it is in accordance with a previous legal rule. But what about the supremacy of parliament?
Harts theory of law
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
McDougal
An authoritative decision maker is anyone who can influence international stuff
Why do states obey international law- professor Franck
Because they regard their institution,a framework as possessing a high degree of legitimacy
Birerly- the la wolf nations, what are the shortcomings of PIL?
- no legislature- no executive power to enforce - lack of adequate admin bodies- lack of ability to arbitrate
Morgenthau- politics amongst nations
A lot of it is “I’ve got your back you’ve got mine” as so it sort of self enforces
How valid is the argument that it isn’t law because it isn’t observed?
Even domestic law isn’tIt mostly is observedWe are answerable to the EU courtsMust think of strategic relations
Why has PIL grown so significantly since 1945?
GlobalisationMAD & NATOtradeMedia HR
