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
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
