Theory of International Legal Foundations Flashcards
International Law
Set of Rules that apply between sovereign states and entities with international personality
Sequence of International Law
Ius Gentium (Roman) Ius Commune (Middle Age) Law of Nations (Grandfather) International Law (Father) Global Law
Law of War
Set of rules that seek to limit the violence and protect the fundamental rights of persons in case of war
Maritime Law
Part of international law governing the use of sea by nation-states
Main Features of International Law
Established under a treaty but with strong jurisprudential component
Established by Dominant Powers
Main Problem of International Law
The absence of an authority capable of arbitrating and ensure its observance
How do we solve the main problem of International Law
The fidelity to Pacta Sunt Servanda (Agreements must be fulfilled)
Sources of International Law
How States Behave
What the States agree between themselves
What the International Court of Justice and the national court says
Article 38
General Principles of law, international conventions and treaties, jurisprudential decisions
International Treaty
Legal Document agreed between states and governed by international law
International Convention
Multilateral agreements that express intentions or political commitments
Freedom
Absence of coercion to act or take decision
Capacity to self direct at last
Procedure of Concluding a Treaty
Adoption Signature Ratification Accession Entry into Force Treaties are binding Reservation to Treaties Withdrawal
Main Institution of International Law
The United Nations, established in 1945 with 51 members States. Nowadays there are 193
Purpose of the United Nations
Mantain International Peace
Develop friendly relationship between states
Achieve International co-operation in solving international conflicts
Main Organs
Security Council General Assembly International Court of Justice Secretariat Trusteeship Council Economic and Social Council
Main Arguments in International Legal Foundations
There is no law without States
There are no States without Sovereignty
There is no Sovereignty without Territory
What is a State?
Main Actor in International Law, entities that meet international legal criteria and have sovereignty
Characteristic of a State
Defined Territory Permanent Population Government Independence Diplomatic Recognition
What is a Nation?
Socio-Cultural Entity
Fundamental Rights of States
Sovereignty
Equality
Political Independence
Territorial Integrity
Types of Law in Islamic Law
Siyar and Sharia
Base of the Siyar
Principles of imposition and sanction
Base of Sharia
Non-codified legal system based on interpretation
