LAWS 2601 - International Public Law
Jus cogens = "compelling law"
Relation to other terms
obligation Erga Omnes - brings rise to these obligations
naturalism - laws are above sovereign made laws
Customary IL -
Sovereign immunity - challenges
pacta sunt servanda ("agreement must be kept/ are binding")
aut de dedere aut punier (Extradadite or prosectue)
hierarchy of sources - at the top
human rights
Universal jurisdiction - Are international customary law that were accepted at the Vienna Convention in
1969 to bring rise to obligation erga omnes which are peremptory norms that are non-consensual and
can not receive any derogation from other international treaties and customs.These norms derive from
natural law as they are higher then any sovereign made law.
Importance to IL
- Any treaty that goes against a jus cogen norms become void and null
- Jus cogens challenges positive law and the ideology the state soverignty is the alitmate power over
laws.
- Jus cogen were created out of world war two to protect human rights and ensure that certain
international crimes such as torture, piracy, crimes against humanity, war crimes, crimes of aggression
would never go unpunished under any circumstance.
Relation to other term
- Erga omnes: All jus cogen norms bring rise to obligation ega omnes which means that these norms can
receive no degregation from other treaties or customs.
- Sovereign immunity: Overrides sovereign immunity allowing other IO's to have jurisdiciton over
sovereigns citizens to try them for crimes the give rise to obligation erge omnes.
,Obligations Erga Omnes = "To everyone"
- catagroizes offences against all member of IL community
- All treaites and customs in conflict become void
Terms related
pacta sunt servanda ("agreement must be kept/ are binding") - no derogation over treaties
State responsibility- erga omnes offences give rise to
Universal jurisdiction - offences apply to the whole lL community giving universal jurisdiction to try these
crimes. - Def: Offences to whole international legal community that all sovereign states are obligated to
act on.
Importance to IL
- Highest Norms of IL (genocide, war crimes, crimes against humanity, aggression) whose violations are
deemed an offence against all members of the IL community
- Any treaty in conflict with these norms would be void
Relation to other terms
- Universal Jurisdiction: All countries have obligations to either punish or extradite criminal
- Jus cogens: Erga Omnes derives from jus cogens
- self-determination:
*Naturalism*
- based on morals of all
- faith governed law
Relation to other terms
Fransico de Vitoria - influenced writing just war
Hugo Grotius - Natural law didn't require divine law and brought rise to positivism
, Human rights - second waive of naturalism - Def: Naturalism is an 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.
Importance to IL
- Natural law was prominent in the Middle ages with unity of Christianity in Europe bring theology and
faith as the governing factor in law which influenced Fransicao de Vitoria at the time to write the Just
War theory which estalihsed the moral rights for going to war (jus ad bellum) and right moral conduct in
war (jus in bello).
- After WW2 the atrocities of the Holocaust people looked for change with Naturalism moral ethics
becoming more prominent through the creations of the United Nations which established naturalist
principles of Human Rights that protects humans. and peremptory norms the universal jurisdiction they
place on all sovereign states.
Relation to other terms
- Francisico de Vitoria: Believed strongly in natural law which was a great influence in creating his just
war theory
- Hugo Grotius: Brought together natural law, Roman Law, and state practice during the renaissance
challenging natural law did not require god or divine law. He brought up the idea that sovereign states
could be basic units of IL governing on mutual agreement rather then force. This brought rise to
positivism
Positivism - State-made law that enforce sovereign and requires consent. Laws can only exist if there is
some sort of authoritative body behind the law. Positivsim came into IL during the Renaissance after the
peace treaties of Westphalia in 1648.
State
Terms that relate
Montevideo Convention - 4 requirements to become a state
Sovereignty - establishes statehood
Sovereign immunity -
par in parem non habet imperium - All states are equal
Recognition - need to become a state
Grotius - States could be sources of IL
Jus cogens = "compelling law"
Relation to other terms
obligation Erga Omnes - brings rise to these obligations
naturalism - laws are above sovereign made laws
Customary IL -
Sovereign immunity - challenges
pacta sunt servanda ("agreement must be kept/ are binding")
aut de dedere aut punier (Extradadite or prosectue)
hierarchy of sources - at the top
human rights
Universal jurisdiction - Are international customary law that were accepted at the Vienna Convention in
1969 to bring rise to obligation erga omnes which are peremptory norms that are non-consensual and
can not receive any derogation from other international treaties and customs.These norms derive from
natural law as they are higher then any sovereign made law.
Importance to IL
- Any treaty that goes against a jus cogen norms become void and null
- Jus cogens challenges positive law and the ideology the state soverignty is the alitmate power over
laws.
- Jus cogen were created out of world war two to protect human rights and ensure that certain
international crimes such as torture, piracy, crimes against humanity, war crimes, crimes of aggression
would never go unpunished under any circumstance.
Relation to other term
- Erga omnes: All jus cogen norms bring rise to obligation ega omnes which means that these norms can
receive no degregation from other treaties or customs.
- Sovereign immunity: Overrides sovereign immunity allowing other IO's to have jurisdiciton over
sovereigns citizens to try them for crimes the give rise to obligation erge omnes.
,Obligations Erga Omnes = "To everyone"
- catagroizes offences against all member of IL community
- All treaites and customs in conflict become void
Terms related
pacta sunt servanda ("agreement must be kept/ are binding") - no derogation over treaties
State responsibility- erga omnes offences give rise to
Universal jurisdiction - offences apply to the whole lL community giving universal jurisdiction to try these
crimes. - Def: Offences to whole international legal community that all sovereign states are obligated to
act on.
Importance to IL
- Highest Norms of IL (genocide, war crimes, crimes against humanity, aggression) whose violations are
deemed an offence against all members of the IL community
- Any treaty in conflict with these norms would be void
Relation to other terms
- Universal Jurisdiction: All countries have obligations to either punish or extradite criminal
- Jus cogens: Erga Omnes derives from jus cogens
- self-determination:
*Naturalism*
- based on morals of all
- faith governed law
Relation to other terms
Fransico de Vitoria - influenced writing just war
Hugo Grotius - Natural law didn't require divine law and brought rise to positivism
, Human rights - second waive of naturalism - Def: Naturalism is an 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.
Importance to IL
- Natural law was prominent in the Middle ages with unity of Christianity in Europe bring theology and
faith as the governing factor in law which influenced Fransicao de Vitoria at the time to write the Just
War theory which estalihsed the moral rights for going to war (jus ad bellum) and right moral conduct in
war (jus in bello).
- After WW2 the atrocities of the Holocaust people looked for change with Naturalism moral ethics
becoming more prominent through the creations of the United Nations which established naturalist
principles of Human Rights that protects humans. and peremptory norms the universal jurisdiction they
place on all sovereign states.
Relation to other terms
- Francisico de Vitoria: Believed strongly in natural law which was a great influence in creating his just
war theory
- Hugo Grotius: Brought together natural law, Roman Law, and state practice during the renaissance
challenging natural law did not require god or divine law. He brought up the idea that sovereign states
could be basic units of IL governing on mutual agreement rather then force. This brought rise to
positivism
Positivism - State-made law that enforce sovereign and requires consent. Laws can only exist if there is
some sort of authoritative body behind the law. Positivsim came into IL during the Renaissance after the
peace treaties of Westphalia in 1648.
State
Terms that relate
Montevideo Convention - 4 requirements to become a state
Sovereignty - establishes statehood
Sovereign immunity -
par in parem non habet imperium - All states are equal
Recognition - need to become a state
Grotius - States could be sources of IL
