INTERNATIONAL LAW (LCP4801)
DEFINING EPOCHS:
The term “epoch” refers to a particular point/period in history.
DEFINTION OF INTERNATIONAL LAW:
• International law can be defined in the wide sense as law that applies
between states.
• International law regulates the external relations between states.
• International law is a body of rules and principles which are binding upon
states in their relations with one another.
• International law is based on the sovereignty of a state and is a body of rules
based on consent.
LEGAL NATURE OF INTERNATIONAL LAW:
THE DIFFERENCE BETWEEN INTERNATIONAL AND NATIONAL LAW:
INTERNATIONAL LAW NATIONAL / MUNICIPAL LAW
▪ There is no legislator in international ▪ Full legislative process: Parliament
law: The UN has no power to enact rules makes laws fully binding on the
binding on states. The GA can only community. Democratic Parliament, and
adopt resolutions, which are mere the members are elected by voters.
recommendations. The representatives
of states aren’t elected to the GA, they
are appointed.
▪ It has a judiciary, but there is no ▪ Fully developed judiciary, and there is
precedent system and the state is its a precedent system and nemo index in
own judge in its case. sua causa applies.
In terms of Article 59 of the ICJ Statute,
the precedent system is excluded on two The court is bound by earlier decisions.
fronts: it only applies to the parties
involved – the court can give different A permanent body of judges. The plaintiffs, etc.
rulings on same set of facts between have no say in who will hear their case.
different parties AND it only applies to
that particular case.
The state itself decides if there has been
an infringement of international law
therefore it judges the matter itself and
takes the steps to decide relevant issues
pertaining to the case.
▪ There is no executive to enforce ▪ Full executive machinery for the
judgments – sanctions are poorly enforcement of judgements.
developed.
There is no police force.
▪ The subjects are generally States or ▪ The subjects are generally natural
international organisations. persons or legal persons.
DEFINING EPOCHS:
The term “epoch” refers to a particular point/period in history.
DEFINTION OF INTERNATIONAL LAW:
• International law can be defined in the wide sense as law that applies
between states.
• International law regulates the external relations between states.
• International law is a body of rules and principles which are binding upon
states in their relations with one another.
• International law is based on the sovereignty of a state and is a body of rules
based on consent.
LEGAL NATURE OF INTERNATIONAL LAW:
THE DIFFERENCE BETWEEN INTERNATIONAL AND NATIONAL LAW:
INTERNATIONAL LAW NATIONAL / MUNICIPAL LAW
▪ There is no legislator in international ▪ Full legislative process: Parliament
law: The UN has no power to enact rules makes laws fully binding on the
binding on states. The GA can only community. Democratic Parliament, and
adopt resolutions, which are mere the members are elected by voters.
recommendations. The representatives
of states aren’t elected to the GA, they
are appointed.
▪ It has a judiciary, but there is no ▪ Fully developed judiciary, and there is
precedent system and the state is its a precedent system and nemo index in
own judge in its case. sua causa applies.
In terms of Article 59 of the ICJ Statute,
the precedent system is excluded on two The court is bound by earlier decisions.
fronts: it only applies to the parties
involved – the court can give different A permanent body of judges. The plaintiffs, etc.
rulings on same set of facts between have no say in who will hear their case.
different parties AND it only applies to
that particular case.
The state itself decides if there has been
an infringement of international law
therefore it judges the matter itself and
takes the steps to decide relevant issues
pertaining to the case.
▪ There is no executive to enforce ▪ Full executive machinery for the
judgments – sanctions are poorly enforcement of judgements.
developed.
There is no police force.
▪ The subjects are generally States or ▪ The subjects are generally natural
international organisations. persons or legal persons.
