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Summary PBL 320: EVERYHTING FOR SE,ESTER TEST 1 (2023) - INTERNATIONAL LAW + THEORIES + TREATIES + JUS COGENS + ERGA OMNES

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INCLUDES: INTRODUCTION TO INTERNATIONAL LAW (LECTURE NOTES + CASE LAW + LEGISLATION). THEORIES OF INTERNATIONAL LAW (LECTURE NOTES + CASE LAW + LEGISLATION). TREATIES (LECTURE NOTES + CASE LAW + LEGISLATION). JUS COGENS AND ERGA OMNES (LECTURE NOTES + CASE LAW + LEGISLATION).

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DEFINITION OF IL

No specific def  elements

- Rules which regulate the relationship between:

o States.

o IO’s.

o States and IO’s.



Subjects of IL

- States  main subjects.

- IO’s  Not subjects to the same extent as states

o Confirmed in Reparations for Injuries Suffered in Service of the UN.



ILP

- States and IO’s are subjects because they have ILP

o Entities which have international rights and obligations.

o Have capacity to enforce rights.

o Can be held responsible for breach of obligations.



Who are not subjects of IL

- Multinational Corporations  Don’t have ILP.

- Individuals  they are beneficiaries and don’t have obligations (so no ILP).



What isn’t IL

- International Comity  courtesy practices.

- International morals.

, - Private IL  conflict of laws from different states.



INTERNATIONAL V DOMESTIC LAW

INTERNATIONAL DOMESTIC

- No legislature / precedent. - Legislature and judiciary who are

- No executive to enforce bound by precedent.

judgements. - Executive to enforce judgments.

- Subjects  States and IO’s. - Subjects  legal persons.

SIMILARITIES

- Rely on scholarly writings.

- Rely on written and unwritten rules.

- Amend rules.



IS IL REALLY LAW?

Command Theory  John Austin

- All states are equal before the law  there is no command from a political

superior to a political inferior.

o IL is not law.

- Hart disagreed  IL is a species of law.



Pollock

- International community recognizes that IL is binding upon them

o IL is law.

- IL is honored by states in their day-to-day operations.

- No leader has repudiated IL.

, FRAGMENTATION OF IL

Sub-fields of IL

- Self-contained regimes that come from the umbrella of IL  people claim this

will weaken IL

o It will cause it not to be unified.

- ILC rejected the statement of weakness

o Sub-fields of IL will still be guided by the general principles of IL.

o Variety is needy to deal with multitude of issues.



TRADITIONAL THEORIES OF IL

Natural law

- Rejects the notion that law originates from authority  looks at moral and

ethical codes.



Positivist law

- Separation of law and morals  laws can be applied even if they are not

moral.

- Law commands from superiors to inferiors.



CRITICAL THEORIES

TWAIL

- Moves away from the legacy of colonialism and Eurocentricity of IL.

- Origins

o Decolonization movement  TWAIL is a political movement.

- Objectives

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