International law
Part 1: International law
In international law we find continental law. (see it as 2 circles, one inner circle
and one outer circle)
European continental law is NOT the same as European union law
EU-law the third circle = European union law
Within the third circle = state law, the law of the state (ex: Belgian
Law)
The state is the most important, if we take this circle away, all
the circles fall
The state is the principal subject in international law, without
the state there’s no international law
1/ The nature and development of international law
The objective of law = to create order
We want to untangle the chaos
Every society needs order (tennisclub, Belgium, EU)
International = an imagined order = law is a fiction
It works because we believe in it (ex: we stop for a red light)
National law = vertical
State body creates law
We (=subjects) will follow that law
International law = horizontal
The subject is a state, it can not be submitted as a subject
International law is divided: private international law / public international
law
Private international law: driving to Paris and you get into an
accident with a person from spain. Zo you’re from Belgium, the
other party is from Spain and you’re in France. Therefore there will
be private international law (WORDT NIET BEHANDELD)
Public international law: it is made by the states for the states; it
deals with states, not with us
1
,1/1 States
4 things you need to be a state – criteria – document on Toledo!!!! (relevant
document: the Montevideo convention; article 1)
Bv: Flemish region is in fact a state, BUT it has no independence if it were to get
independence it would be considered a state
States are sovereign!! (sovereignty)
= a state has the capacity to organize itself
= The states decide to make law
<-> on national levels we (people) have no say in the laws
Ex: if Belgium wants a king or a queen, It can do that – if France doesn’t,
they can choose a president BUT both countries should respect eachother
Violations of international law?
WW1 = the base of the international law
1990: after the first WW, states came together and discussed that they
can’t do this again
Started the league of nations
After the WW2 League of Nations became the United Nations
2/ The United Nations
Started as the league of nations – the intention was to NOT make war
Did not work – WW2 – SO united nations
Charter of United Nations = founding document
Multilateral treaty – a lot of states are member
It’s the ‘constitution’ of the united nations
It explains the purposes of the united nations – see article one of the
charter
Recognition of the sovereignty – article 2 charter of UN
The organization is based of the principle of sovereignty
§7 heel belangrijk!!! – examenvraag
States are sovereign, Belgian matters are Belgian matters
The UN cannot dictate how the domestic measures should be
organized
Domestic jurisdiction provision!!!!! – article 2, §7 UN Charter
Charter lays down principles.
2/1 Principal organs of the UN
The security council
The general assembly
Other institutions: ECOSOC, UN Secretariat, ICJ
Article 7 charter – gives all the institutions
2
,2/1/1 The security council
The most important organ!!
Responsibility: maintenance of peace – article 23 Charter!!!
15 members – 5 members which are permanent (see article 23)
5 members have an important power – article 27 charter!!
The UN can only make decisions if these 5 members agree on
making a decision
One negative vote of one of these member = decision will NOT go
thru
VETO!!
Ex.: one of the members wants to invade another country; if one of
the permanent members is involved – see Russia Ukraine – Russia =
permanent member so no interventions
Procedural matter = no veto – ex.: nominate a president for the
security council
BUT the double veto: they can decide whether or not it is a
procedural matter – so if they for example don’t want mr C to
be president, one of the permanent members can argue that
it is NOT a procedural matter. So also this decision is a veto
and mr C will not be elected for president
Examenvragen zijn krantenartikels!!
Primary responsibility: 2 powers:
Peacefull settlement of dispute
Article 36 Charter – concerns recommendations
Recommendations are not binding
Is to try and resolve a dispute
Power to adopt enforcement measures
Article 41 and 42 Charter
Concern decisions
Decisions are binding
2/1/2 The General Assembly
Could be seen as the parliament of the united nations
It is a debating chamber – een praatbarrak
A room where you talk
Dicusses matters that happen on international level
Article 9 Charter – article 4 Charter (kruisverwijzing maken)
All the members defacto are peacufull loving states
Article 18 Charter – voting in the assembly
Each member has 1 vote
It is NOT a legislator, it can NOT bind it’s members
It’s recommendations
BUT it CAN become binding – when it reflects custom (it becomes binding
for everybody)
3
, 2/1/3 Other organs
ECOSOC = protection international human rights (see later)
UN Secretariat
Article 97-99 Charter
Zie cursus
ICJ
3/ The International Court of Justice – den Haag
Established in 1946 – the permanent court of justice = ICJ (old case law)
Article 92 Un charter
In accordance with the… - look at the statute of the international court of
justice (other document)
3/1 Organization of the ICJ
A body independent judges with competence in international law
9 year terms
Diplomatic privileges and immunities
Article 2 and 3 statute – 15 Judges
Article 13 – re-elections judges
Article 19 – diplomatic privileges (see further)
3/2 Jurisdiction ICJ
Essential function: resolve disputes
Obligation to decide
Judgements of the court are a very important source
The court has to state the law – it cannot create law – separation of
powers!! (SdM)
Advisory opinions
Just about giving legal advice
Who can ask for advice? – article 65 Statute - article 96 Charter
(kruisverwijzing!!!)
Anybody of the UN
Binding decisions
3/2/1 Resolving disputes
ONLY between states – article 35 Statute
NOT people or international organizations
Article 93 Charter
4
Part 1: International law
In international law we find continental law. (see it as 2 circles, one inner circle
and one outer circle)
European continental law is NOT the same as European union law
EU-law the third circle = European union law
Within the third circle = state law, the law of the state (ex: Belgian
Law)
The state is the most important, if we take this circle away, all
the circles fall
The state is the principal subject in international law, without
the state there’s no international law
1/ The nature and development of international law
The objective of law = to create order
We want to untangle the chaos
Every society needs order (tennisclub, Belgium, EU)
International = an imagined order = law is a fiction
It works because we believe in it (ex: we stop for a red light)
National law = vertical
State body creates law
We (=subjects) will follow that law
International law = horizontal
The subject is a state, it can not be submitted as a subject
International law is divided: private international law / public international
law
Private international law: driving to Paris and you get into an
accident with a person from spain. Zo you’re from Belgium, the
other party is from Spain and you’re in France. Therefore there will
be private international law (WORDT NIET BEHANDELD)
Public international law: it is made by the states for the states; it
deals with states, not with us
1
,1/1 States
4 things you need to be a state – criteria – document on Toledo!!!! (relevant
document: the Montevideo convention; article 1)
Bv: Flemish region is in fact a state, BUT it has no independence if it were to get
independence it would be considered a state
States are sovereign!! (sovereignty)
= a state has the capacity to organize itself
= The states decide to make law
<-> on national levels we (people) have no say in the laws
Ex: if Belgium wants a king or a queen, It can do that – if France doesn’t,
they can choose a president BUT both countries should respect eachother
Violations of international law?
WW1 = the base of the international law
1990: after the first WW, states came together and discussed that they
can’t do this again
Started the league of nations
After the WW2 League of Nations became the United Nations
2/ The United Nations
Started as the league of nations – the intention was to NOT make war
Did not work – WW2 – SO united nations
Charter of United Nations = founding document
Multilateral treaty – a lot of states are member
It’s the ‘constitution’ of the united nations
It explains the purposes of the united nations – see article one of the
charter
Recognition of the sovereignty – article 2 charter of UN
The organization is based of the principle of sovereignty
§7 heel belangrijk!!! – examenvraag
States are sovereign, Belgian matters are Belgian matters
The UN cannot dictate how the domestic measures should be
organized
Domestic jurisdiction provision!!!!! – article 2, §7 UN Charter
Charter lays down principles.
2/1 Principal organs of the UN
The security council
The general assembly
Other institutions: ECOSOC, UN Secretariat, ICJ
Article 7 charter – gives all the institutions
2
,2/1/1 The security council
The most important organ!!
Responsibility: maintenance of peace – article 23 Charter!!!
15 members – 5 members which are permanent (see article 23)
5 members have an important power – article 27 charter!!
The UN can only make decisions if these 5 members agree on
making a decision
One negative vote of one of these member = decision will NOT go
thru
VETO!!
Ex.: one of the members wants to invade another country; if one of
the permanent members is involved – see Russia Ukraine – Russia =
permanent member so no interventions
Procedural matter = no veto – ex.: nominate a president for the
security council
BUT the double veto: they can decide whether or not it is a
procedural matter – so if they for example don’t want mr C to
be president, one of the permanent members can argue that
it is NOT a procedural matter. So also this decision is a veto
and mr C will not be elected for president
Examenvragen zijn krantenartikels!!
Primary responsibility: 2 powers:
Peacefull settlement of dispute
Article 36 Charter – concerns recommendations
Recommendations are not binding
Is to try and resolve a dispute
Power to adopt enforcement measures
Article 41 and 42 Charter
Concern decisions
Decisions are binding
2/1/2 The General Assembly
Could be seen as the parliament of the united nations
It is a debating chamber – een praatbarrak
A room where you talk
Dicusses matters that happen on international level
Article 9 Charter – article 4 Charter (kruisverwijzing maken)
All the members defacto are peacufull loving states
Article 18 Charter – voting in the assembly
Each member has 1 vote
It is NOT a legislator, it can NOT bind it’s members
It’s recommendations
BUT it CAN become binding – when it reflects custom (it becomes binding
for everybody)
3
, 2/1/3 Other organs
ECOSOC = protection international human rights (see later)
UN Secretariat
Article 97-99 Charter
Zie cursus
ICJ
3/ The International Court of Justice – den Haag
Established in 1946 – the permanent court of justice = ICJ (old case law)
Article 92 Un charter
In accordance with the… - look at the statute of the international court of
justice (other document)
3/1 Organization of the ICJ
A body independent judges with competence in international law
9 year terms
Diplomatic privileges and immunities
Article 2 and 3 statute – 15 Judges
Article 13 – re-elections judges
Article 19 – diplomatic privileges (see further)
3/2 Jurisdiction ICJ
Essential function: resolve disputes
Obligation to decide
Judgements of the court are a very important source
The court has to state the law – it cannot create law – separation of
powers!! (SdM)
Advisory opinions
Just about giving legal advice
Who can ask for advice? – article 65 Statute - article 96 Charter
(kruisverwijzing!!!)
Anybody of the UN
Binding decisions
3/2/1 Resolving disputes
ONLY between states – article 35 Statute
NOT people or international organizations
Article 93 Charter
4
