Summary International Law

ISBN-10 0198828721 ISBN-13 9780198828723
257 Flashcards & Notes
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This is the summary of the book "International Law". The author(s) of the book is/are Anders Henriksen. The ISBN of the book is 9780198828723 or 0198828721. This summary is written by students who study efficient with the Study Tool of Study Smart With Chris.

Summary - International Law

  • 1.1 An introduction

  • What does public international law?
    It regulates the interrelationship of sovereign states (and international organisations and individuals) and their rights and duties to one another.
  • 1.2 A brief history of international law

  • What was the Kellog Briand pact?
    1928, decision to refrain from war as a method for dispute settlement.
  • What was the influence of the cold war on international law?
    It marred the activities of the UN, until the collapse of communism. In Kuweit 1991 UN acted.
  • What entails the Bretton Woods system?
    Conference 1944 at Bretton Woods that created the most important international organistations for regulation of trade and monetry policy: IMF, GATT/WTO, World Bank
  • What is consensual theory?
    Positivism. Unless a state has consented to be bound by a rule, no international legal obligation exists and the state remains entitled to act as it pleases.
  • 1.2.2 Peace of Westphalia

  • What is the Peace of Westphalia?
    1648. Birth of international state system. Reduce the powers of transnational forces and instead compartmentalize territory and individuals into sovereign states.
  • What are the principles of the UN?
    Westphalian: equal rights and self-determination of peoples and on the sovereign equality of all its member states.
  • UN charter
    A ban on the use of force. Introduced Security Council to maintain international peace and security.
  • 1.2.6 The present

  • What are current problems in public international law?
    Multipolar world, decrease of western values.
  • 1.3 The structures of international law

  • Difference between coexistence and cooperation?
    Coexistence: horizontal, how sovereign states interact with each other. Relatively stable, not subject to change. Inherent vagenues. Content. 
    Cooperation: turned into matters of international concern thourgh the adoption of a treaty. Optional. Consensiual character. Optional
  • How can a state be bound if it is sovereign?
    The binding character of international law is a logical consequense of the existence of plural sovereign states.
  • 1.6 The issue of enforcement of international law

  • Why do countries want to honour their obligations towards eachother?
    - Long term benefits of well-functioning international system
    - Dont want an unreliable or untrustworthy reputation
  • 1.7 The alleged inadequacy of international law in the 21st century

  • What is International Law about?
    Less about justice, more about order and stability
  • 2.1 Introduction

  • Why is it difficult to uncover the law in international law?
    Lack of universal legislature and a system of courts with compulsory jurisdicton.
  • Are states only bound by consent?
    In theory, yes. Pragmatic approach: States are always bound by those behavioural rules that are required for the maintenance of peaceful coexistence.
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What does the capacity to enter into relations with other states mean in the Montevideo Convention?
The entity must have the ability to act without legal interference from other states
What does a defined territory mean in the Montevideo Convention?
There is no minimum size and the entity's boundaries need not be precisely demarcated and settled. However, there has to be a consistent area of undisputed territory.
What does a permanent population mean in the Montevideo Convention?
Someone has made the territory its home, where it is not clear if nomadic tribes are part of a permanent population
Where can the primary rules concerning the law of treaties be found?
In the 1969 Vienna Convention on the Law of Treaties (VLCT)
Which three sorts of law are more more important that the other sorts?
1) Jus cogens (mandatory norms, cannot be derogated from)
2) Obligations erga omnes (owed to the international community as a whole, a procedural designation that all states can invoke)
3) Obligations under the UN Charter (prevail even if they conflict with obligations under other international agreements -> art. 103)
Why is the subjective element of opinio juris controversial? Which problems can arise when determining if opinio juris is applied by States?
- Difficult to ascertain what states believe to be the law, because states rarely explain why they act/refrain from acting
- Practice has to start somewhere. Odd to insist that a state that begins to depart from existing custom acts in the believe that the new behaviour is legally mandated.
What happens when there is a conflict between a treaty and customary international law?
Peremptory rules are always more important (human rights etc). Then you have the lex specialis and the lex priotor.
What are the two conditions for a rule to be accepted as customary international law?
1. State practice (objective element)
2. Opinio juris/ accepted as legally binding (subjective element)
What is the difference between creating and identifying sources of law?
Creating means that treaties create new rights and obligations, whereas identifying such as judicial decisions apply and clarify existing law
What is the difference between primary and secondary sources of international law according to Article 38 of the ICJ Statute?
Treaties, customary law and general principles are considered to be primary sources of international law. Judicial decisions and scholarly contributions are considered to be secondary sources of international law