Summary International Law

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ISBN-10 0414055519 ISBN-13 9780414055513
356 Flashcards & Notes
2 Students
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This is the summary of the book "International Law". The author(s) of the book is/are Professor Rebecca Wallace Olga Martin Ortega. The ISBN of the book is 9780414055513 or 0414055519. This summary is written by students who study efficient with the Study Tool of Study Smart With Chris.

Summary - International Law

  • 1 introduction

  • The creating of what international institute led to a turning point in international law and is also called the beginng of contemporary international law?
    The United Nations
  • What was the traditional definition of international coinced by Jeremy Bentham?
    As system regulation state relations
  • Law cannot coerce states in matters which are often highly political. International law cannot dictate the policies and behaviour of states.
  • If law is not a solution itself what is the intent of law ?
    A means employed to deal with a particulatr situation
  • The International law system is decentralized what does this mean?
    The International law system is not lead from one point, does not have a worldwide organisation in charge.
  • What are the two primary makings of international law?
    1. Parctice of state = customary international law

    2. Agreements entered into by states
  • when can international responsibility be inccured
    If a breach of international law is established
  • It is in a state's self interest to respect for example the territorial sovereignty of anotherstate premised on the expectation that such respect will be mutually reciprocated.
  • International law is from recent origin, what is this origin?
    The rise of secular sovereign states in western europe
  • What is concidered practice of traditional international law ?
    Setting the parameters of state activities
  • What are the new values that have become popular among international law
    Individuals and their treatment
  • With the expansion of international law what has changed in the International legal system?
    More specialised, compartmentalised and fragmented.
  • 2.1 introductory part

  • What are the 2 things mentioned in the book that  makes the international legal system different than many municipal legal systems?
    the international Legal system does not possess a unversially applicable written  constitution. And no designated principal organs of government
  • What are the four sources of international law mentioned in art. 38
    1. International conventions
    2. International custom
    3. General principles of law
    4. Subject to the provisions of (art. 59) judicial decions and the teaching of the most highly qualified publicist
  • What is a formal source of international law
    Constitute what the law is
  • Which sources of IL are formal
    International conventions, internatinal customs and general principles of law
  • What is the meaning of material sources of IL
    The mechanisms by which law is delivered
  • Which IL sources are material.
    Art. 59 judicial decisions and teachings of most highly qualified publicists
  • What incurred for norms of behaviour to be crystallised into rules of customary international law ?
    Increasing contact between states
  • 2.2 custom






  • What incurred for norms of behaviour to be crystallised into rules of customary international law ?
Increasing contact between states
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Latest added flashcards

Which forms may reparations for human righs violation take?
Individual, collective,
material.
including land and property restitution 
and symbolic. 
including  changing street names, memorials and museums for the new generation.
When may the ICC eercise its jurisdiction?
If one or more partie involved is a state party
the accused is a national of a state party
or a state not party to the statue may decide to accept the ICC's jurisdiction over a  certain crime.
What are the serious crimes coerned by  the ICC?
Genocide, crimes against  humanity, war crimes, and crimes of agression.
How does the ICC situated in The Hague work?
18 judges.
elected for a nine year term.
court has jurisdiction over persons for the most serious crimes of international concern.
What is the definition of crime of agreswsion acording to the ICC review?
The planning, preparation, initiation or execution by a person in a leadership position of an act of agression.
What is the definition of crimes against humanity?
Similar acts commited as part of a widespread or systematic attack directed knowingly against any civilian population.
What are the offences classfied as international crimes?
 Genocide, war crimes, crimes against humanity and the crime of aggression.
What are the 1998 the Rome Statute of the International Criminal Court (ICC)
Codification of the international crimes and its elements and it is now used as the main reference for the definition of the offences.
What was the first international attempt to hold individuals responsible for serious crimes during war?
The Treaty of Versailles  which provided for the criminal responsibility of German state officials during the First World War.
What did the ICJ acknowledge about the security council regarding peace keeping?
Only the security council could require enforcement by coercive action against an agressor