Unit 1 (finished)

Question 1

The development of international law

Answer 1

It originated around the time of the Westphalian model of 1648

The UN model of 1945

Today we have the cosmopolitan model

Question 2

International law

Answer 2

law between nation-states

Customary law and basic principles (Jus cogens → compelling law)

Traditionally the law is in substance - between states, but increasingly it deals with matters also internally to the states: Trade law, environmental law and climate law, International human rights

Question 3

Supranational law

Answer 3

law by international organizations which as been delegated specific part of the constitutional power of the non-states. It has direct effect on citizens.

ex, EU law:
- Legal substance: free movement of goods, services, persons and captial

Question 4

Transnational law

Answer 4

law or legal practice which has developed among non-state actors, important for MNCs

Transnational law is soft-law and acts more as guidelines. The laws are usually developed by second-level organs of a governing body.

Question 5

Key features of the Westphalian model of 1648

Answer 5

System developed after 30 years of war in Europe.

First sign of mutual respect of borders and state sovereignty (customary international law). Cooperation among states developed, diplomacy become normalized.

Question 6

Key features of the UN model of 1945

Answer 6

Increased ambition of cooperation, not just political but economical, social and cultural.

The UN charter: ratification of international law

1948 Declaration of Human Rights

Question 7

Key features of the Cosmopolitan Model

Answer 7

the realization that many political and economic problems cross the boundaries of the nation-states, and also need to be solved as cross-boundary

Trade, environment, migration and human rights are considered international issues that need cross border solutions.

Increased trade and trade treaties - the internationalization of the financial market

Question 8

What are the new aspects of international law

Answer 8

The increasing internationalization and globalization of law; such as legally binding treaties and organizations

International courts; ICC, ECJ, and dispute settling bodies in trade (DSB)

Multi-level governance
- several levels of government and governing working together, but not always coordinating

The fragmentation of law
- not one constitution, but several parallel treaties forming a complex system

Question 9

What does GATT stand for?

Answer 9

General Agreement on Tariffs and Trade