UNIT 1- Public international law

Question 1

Concept of public International Law

Answer 1

Public International law is also known as the legal order of the international community is a set of laws, norms and principles that regulate the relations of the members of international society.

Question 2

Rules, norms and law

Answer 2

Jus cogens norms- refers to a category of norms that govern customary international law.

Conventional law : International treaty, International deals, codified law.

Customary law, International Custom, International Practice.

International resolutions : United nations security council resolutions, binding resolutions of international organizations.

UN general assembly.

Unilateral legal acts → It is the manifestation of a single subject of International law. The state.

Question 3

Subsidiary law- international jurisprudence:

Answer 3

International Jurisprudence, International courts:
–> International court of Justice
–> international criminal court
–> Court of Justice of the european union, european court of Human rights
–> Ad hoc special courts

The doctrine - Authors and publishers on the subject. The experts on the subject. Experts in international law.

Question 4

The norms of the legal order (Article 38 in the statue of the ICJ)

Answer 4

1. The court, whose function is to decide in accordance with international law and the controversies that are submitted to it, must apply :

a) International conventions, whether general or particular, establishing rules expressly cognized by the contesting states;

b) International custom, as evidence of a practice generally accepted as law;

c) The general principles of law recognized by civilized nations;

d) The judicial decisions and the doctrines of the most competent publicists of the different nations, as an auxiliary means for the determination of the rules of law, without prejudice to the provisions of Article 59.

2. This provision does not restrict the power of the court to decide a dispute ex aequo et bono, the parties so agree.

Question 5

The international community:

Answer 5

Contemporary International Law - United nations 1945
- 20th century → Promotion of decolonisation
- There were 51 states in 1945 and 193 states by 2011

Question 6

Common interest of the international community:

Answer 6

Cooperation in pursuit of common goals that affect all the members of the international community:

• Global security, International Peace
• Promote and protection for human rights and humanitarian laws
• Protection of the environment
• Fight against terrorism and impunity

Question 7

Development of the legal structure of international society:

Answer 7

• 1945, United Nations : Contemporary International Law → The beginning of a new stage in the international society.
• The Universalization of international society.
• The ideological political division, east - west , capitalism- communism, economic - social.

Question 8

The structure of international society :

Answer 8

a) Juxtaposition of states
“Juxtaposition is when you place two concepts or objects next to or near each other, thereby highlighting their innate differences and similarities”

b) recognition of common interests

c) Differentiated organization

Question 9

A universalized international society :

Answer 9

• 193 states are members of Nations
• Observer non-member states : Holy see, Palestine.
• The number of states has gradually increased thanks to the decolonization process, thanks to Resolution 1514 of the United Nations General Assembly.

A heterogeneous International society → The fall of the Berlin wall
A multitude of International subjects arise : states, international organisations, individuals, peoples.

International actors → NGOs, multinational companies, corporations, banks, lobby.

Interdependence → The appearance of common interests of the states above political differences.

The institutionalization of international law → the growth of international organizations, created by the States.

Question 10

The Legal Structure

Answer 10

1. The Normative system → The international legal order
2. The creation of the norms of International Law : there is no superior legislative power, there is no legislative body to adopt the norms.
3. States, who create the rules → The obligatory nature of the norms depends on the states, the consent of the states. Consent: explicit or tacit.
4. Principle of non-hierarchization in the sources of International law. There is no hierarchy.
5. There is no institutionalized system that guarantees the coercive application of the norms, nor a compulsory judicial procedure.
6. States demand the corresponding international responsibility.
7. In the International community, states have rights and obligations.

Question 11

Transformation of Public International Law - The legal creation process

Answer 11

On one hand, the classical norms of international law : custom, was the international norm of excellence. The treaty today has displaced it. The main legal Instrument

• Unilateral legal acts. It is the manifestation of a single subject of International law. The state.
• Binding resolutions.

Question 12

Transformation of Public International Law - Consent:

Answer 12

States must express their consent. Accept or not accept the international norm, applies or not for that state.

Question 13

Transformation of Public International Law - Process of applying the norms of International law:

Answer 13

There is no body that executes the rule and decisions.

• Example : The United Nations Security council. It is the only one that can guarantee international peace and security. The Security Council of the United Nations is the only international body of an international organization that has powers in matters of maintaining international peace and security, and can adopt economic sanctions against states.
• The right of veto.

Question 14

Transformation of Public International Law - Judicialization of International Law:

Answer 14

The creation of International Courts to resolve International Conflicts.

1) Courts of universal and general jurisdiction : ICJ
2) Courts of universal and specialized Jurisdiction : Law of the sea tribunal, International criminal court, ICC
3) Courts of regional and specialized jurisdiction : European court of Human Rights, Interamerican court of Human rights, San Jose, CR
4) Ad hoc tribunals : Specials, create by the United Nations Security Council, International criminal court for Rwanda through resolution 955 of the UNSC of november 8th, 1994.