Jus cogens Study guides, Revision notes & Summaries

International law is principally concerned with: - ANSWER-Legal norms that operate among nations (or "states") In what way(s) is international different from national law? - ANSWER-International law is largely decentralized The horizontal structure of international law is - ANSWER-Decentralized as it focuses on fully sovereign states The vertical structure of international law is - ANSWER-a. Complex as it can focus on how national laws relate to international law b. Centralized as it...

A summary with all the required readings and required case law for the course international responsibility.

Universal Jurisdiction - ANSWER-refers to the idea that a national court may prosecute individuals for any serious crime against international law — such as crimes against humanity, war crimes, genocide, and torture — based on the principle that such crimes harm the international community or international order itself, which individual States may act to protect. Example: Spanish law & courts used universal jurisdiction to charge Chilean dictator, Pinochet, with genocide (re: political opin...

Summary - book "International Business Law", tutorial work Summary International Business Law Chapter 1 International law = the body of legal rules and norms that regulates activities carried on beyond the legal boundaries of a single state Public international law = the division of international law that deals primarily with the rights and duties of states and intergovernmental organizations as between themselves Private international law = the part of international law that deals ...

Pacta Sunt Servanda - ANSWER-Latin for "agreements must be kept," term for the legal principle that states are bound to the treaties they sign, that they respect the obligations of those treaties, and that they act on those obligations in good faith. Jus Cogens - ANSWER-Term denoting international laws so fundamental that they prohibit acts by states even if such conduct is expressly sanctioned by state consent. Once something is declared this, it cannot be deregulated from. United Natio...

Multilateral Treaty - ANSWER-An instrument concluded by a number of countries acting in their joint interest, which is intended to create a new rule. It is this kind of treaty through which conventional international law is created. Article 38 of the Statute of the ICJ - ANSWER-States the following as sources of law: 1) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; 2) international custom, as evidence of a gener...

Filartiga v. Pena - -Officials who violate the rights of their own citizens can be brought to justice in US courts under Alien Tort Act -Jus Cogens - -A Preemptory norm of international law from which there can be no derogation. -Sources of International Law/Article 38 of the ICJ Statute - -Treaties Customs General principles of law recognized by civilized nations Judicial decisions and the teachings of the most highly qualified publicists of the various nations [but not binding] Ex ae...

Tutorial Letter 201/1/2019 International Law LCP4801 Semester 1 DEPARTMENT OF PUBLIC, CONSTITUTIONAL AND INTERNATIONAL LAW Page 1. INTRODUCTION 3 2. FEEDBACK ON THE COMPULSORY ASSIGNMENT 3 3. FEEDBACK ON THE OCTOBER/NOVEMBER EXAMINATION PAPER 6 4. THE MAY/ JUNE 2019 EXAMINATION 15 5. CONCLUSION 16 Dear Student 1. INTRODUCTION This is the last tutorial letter for this semester. It contains commentary on the compulsory assignments fo...

LCP4801_ International Law_ STUDY NOTES. Before a state can act on behalf an individual who has suff ered as a result of an international wrong in the territory of another state, the individual must be a national of the state. Nationality is generally in itself a suffi cient nexus but not invariably so. Problems may arise in the event of multiple-nationality. The standard case in this regard is the Nottebohm case 1955 ICJ Rep – make sure that you understand what was decided here. Make su...

TOPIC 1. THE NATURE OF PUBLIC INTERNATIONAL LAW A. DEFINING INTERNATIONAL LAW International Law = a binding regime of principles and rules that regulates the relations among states, and individuals and other non-state entities. UN Charter, Art 2(1): The United Nations is ‘based upon the principle of sovereign equality of all its members’ • No state may compel another to submit to judicial settlement • No state is bound by a new international rule without consent B. IS INTERNATI...