instant customary law
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Either emerged state practice or psychologically (opinion juris - what is being
done out of legal obligation)
Important to recognize how customary laws are codified and applies in the int.
law system.
- usually emerges consent and consensus from treaties and customary
practice.
soft law
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, non-binding instruments/documents and provisions of the law.
Significance:
- it is not law but they have a big impact in int. politics.
- it is significant to see for it could evolve into actual legally binding rules in
order to have been formed into hard laws.
- int. agreements tend to be in the advantage of participating states, it makes it
easier to create agreements between sovereign states.
- allows agreement on topics of economics and environment, which states
might agree to if they were binding.
- many soft law recombination, guidelines, codes of practice or standards
often become hard law.
Montevideo
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Montevideo Convention on the rights of duties of states (1934) - 16 ratifying
states
The state as a person of int. law should possess the following qualifications:
a) a permanent population - no min number of permanent residents
b) a defined territory - no min size, need not to be unitary or continuous
c) effective government - control population and territory
d) capacity to enter into relations with the other states - Sole legally
constituted authority over territory and population, Independent and exercise
political/legal will free from control of another state, Independence not
compromised by political/economic pressure, nor compliance with
- states are juridically equal and enjoy the same rights.
- States' fundamental rights cannot be affected/infringed upon.
- the primary interest of states is the conservation of peace with residents
,universal jurisdiction
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allows states or international organizations to claim criminal jurisdiction over
an accused person regardless of where the alleged crime was committed, and
regardless of the accused nationality, country of residence, or any other
relation with the prosecuting entity.
inter armes silent leges
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"among arms, laws are silent"
Durng a military emergency, civil laws may be suspended for the national
interest in self-defense. Does not originate in int. law but in municipal law.
Significance:
Just War Theory - Evolved towards jus ad bellum (right to go to war) and jus in
bello (right conducts of war) to ensure that war is morally justifiable.
succession
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, Takes place when functions, rights, and obligations are transferred from one
organization to another (through replacement, merger, secession, or
absorption)
The assets of the predecessor organization will go to the seccessor
organization, as well as archives. this rule upon debts is unclear
does not affect treaties creating rights and obligations relating to use of
employment of territory (rights of transit, navigation, port facilities,
demilitarised zones, fishing rights)
naturalism
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Ideology that there are certain moral and ideas which are true for all people.
Laws are created from innate goodness of human behaviour in all things
After WW2 and the holocaust, people sought a more prominent moral ethical
influence on int. law
The UN established naturalist principles of Human Rights that protects
humans, and peremptory norms, the universal jurisdiction they place on all
sovereign states.
rebus sic stantibus
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Give this one a try later!
Either emerged state practice or psychologically (opinion juris - what is being
done out of legal obligation)
Important to recognize how customary laws are codified and applies in the int.
law system.
- usually emerges consent and consensus from treaties and customary
practice.
soft law
Give this one a try later!
, non-binding instruments/documents and provisions of the law.
Significance:
- it is not law but they have a big impact in int. politics.
- it is significant to see for it could evolve into actual legally binding rules in
order to have been formed into hard laws.
- int. agreements tend to be in the advantage of participating states, it makes it
easier to create agreements between sovereign states.
- allows agreement on topics of economics and environment, which states
might agree to if they were binding.
- many soft law recombination, guidelines, codes of practice or standards
often become hard law.
Montevideo
Give this one a try later!
Montevideo Convention on the rights of duties of states (1934) - 16 ratifying
states
The state as a person of int. law should possess the following qualifications:
a) a permanent population - no min number of permanent residents
b) a defined territory - no min size, need not to be unitary or continuous
c) effective government - control population and territory
d) capacity to enter into relations with the other states - Sole legally
constituted authority over territory and population, Independent and exercise
political/legal will free from control of another state, Independence not
compromised by political/economic pressure, nor compliance with
- states are juridically equal and enjoy the same rights.
- States' fundamental rights cannot be affected/infringed upon.
- the primary interest of states is the conservation of peace with residents
,universal jurisdiction
Give this one a try later!
allows states or international organizations to claim criminal jurisdiction over
an accused person regardless of where the alleged crime was committed, and
regardless of the accused nationality, country of residence, or any other
relation with the prosecuting entity.
inter armes silent leges
Give this one a try later!
"among arms, laws are silent"
Durng a military emergency, civil laws may be suspended for the national
interest in self-defense. Does not originate in int. law but in municipal law.
Significance:
Just War Theory - Evolved towards jus ad bellum (right to go to war) and jus in
bello (right conducts of war) to ensure that war is morally justifiable.
succession
Give this one a try later!
, Takes place when functions, rights, and obligations are transferred from one
organization to another (through replacement, merger, secession, or
absorption)
The assets of the predecessor organization will go to the seccessor
organization, as well as archives. this rule upon debts is unclear
does not affect treaties creating rights and obligations relating to use of
employment of territory (rights of transit, navigation, port facilities,
demilitarised zones, fishing rights)
naturalism
Give this one a try later!
Ideology that there are certain moral and ideas which are true for all people.
Laws are created from innate goodness of human behaviour in all things
After WW2 and the holocaust, people sought a more prominent moral ethical
influence on int. law
The UN established naturalist principles of Human Rights that protects
humans, and peremptory norms, the universal jurisdiction they place on all
sovereign states.
rebus sic stantibus
Give this one a try later!
