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Notes + working group effects week 2 Public International Law

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Notes and working group results from week 2 of the Public International Law course. The teacher's correction is in bold.

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CLASS 2 – THE SOURCES OF INTERNATIONAL LAW
Overview Literature:
Henriksen:
- Chapter 2;
- Chapter 3.
Cases:
- ICJ, North Sea Continental Shelf Cases
Other materials:
- The Vienna Convention on the Law of Treaties (VCLT);
- Knowledge clips class 2;
- The Guardian news articles ‘Bush kills global warming treaty
- The BBC news article ‘US notifies UN of Paris climate deal pull-out’
- White House announcement

Learning objectives: At the end of this class, students:
- Are able to find an authoritative list of sources of international law;
- Are able to explain how the consent to be bound is reflected in each of the
sources of international law;
- Understand the hierarchy of sources of international law;
- Understand the legal nature of customary international law;
- Understand the legal nature treaty law;
- Can apply the sources of law to real cases.

, Notes
- Consensual theory: consent in order to be bound, reflected in each of the
sources of international law
- Expression of the state’s will: explicit or implicit

Article 38 ICJ Statute
- International conventions (treaties)  primary
- International custom  primary
- General principles of law  primary
- (Judicial decisions and the teachings of highly qualified publicists) 
secondary/supplementary

Difference primary and secondary/supplementary sources:
Supplementary sources aren’t sources on their own, they explain the primary
sources of law.

Formation of a treaty:
States negotiate the text  states adopt the text  states express consent to be
bound; signing or ratification/approval/acceptance or accession  treaty enters
into force  treaty becomes binding on state parties

Acceptance and approval: same legal effect as ratification
Accession: become a party to a treaty already negotiated and signed by other
states. Occurs after the treaty has entered into force.

Kyoto Protocol & Paris Agreement: treaties to protect the environment.
Kyoto Protocol
- UN Framework Convention on Climate Change
- Adopted: 1997
- Distinction between industrialised and developing countries

Paris agreement
- UN Framework Convention on Climate Change
- Adopted: 2005
- No distinction

Withdrawal Kyoto Protocol
- Expression of consent
 US signed but not yet ratified
 Article 24
Can US withdraw?
- Not a party, no need to withdraw  US just ‘withdrawing signature’
- Why withdraws the signature? It could be binding to the US: article 18/80
VCLT?

Withdrawal Paris agreement
- US accepted in 2016
- Art. 20
- Art. 21: entry into force
- Article 28 decides when a party can withdraw (time period)
Can US withdraw?
- Art. 28: time limit of 3 years from entry into force + 1 year from notification of
withdrawal  withdrawal took effect 4/11/2020

Connected book
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Anders Henriksen International Law
Publisher: Unknown ISBN: 9780192870087 Edition: Unknown

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