LCP4801 - INTERNATIONAL 2024
LAW
ANSWER ALL QUESTIONS IN THIS SECTION
QUESTION 1
Are individuals subjects of international law - ANSWERS-- sort of
- must be adopted with caution
- even in claiming protection under a human rights treaty, the individual can only
do so as a legal subject in national law
QUESTION 2
Primary sources of Int law - ANSWERS-- treaties
- customary int law
- general principles of law
- judicial decisions
- teaching of publicists
- sources falling outside the scope of s38
- informal sources of int law
END OF
PAGE 1
, LCP4801 - INTERNATIONAL 2024
LAW
QUESTION 3
Differences between int and national law - ANSWERS-Int law
- no legislator
- has judiciary but no precedent, state is judge in own case
- no executive to enforce judgements, sanctions are poorly developed
- subjects are generally states or international organisations
QUESTION 4
National law
- complete legislative process
- fully developed judiciary, precedent system applies, nemo iudex in sua causa
- there is a complete executive machinery in order to enforce judgements
- subjects are individuals or legal persons
QUESTION 5
Similarities between int law and national law - ANSWERS-Int law
END OF
PAGE 2
, LCP4801 - INTERNATIONAL 2024
LAW
- comprises accepted norms prescribing state behavior
- uses writing etc of jurists rather than morality
- can consciously be altered by treaty
National law
- comprises accepted norms prescribing behaviors
- writings of jurists & precedent are freely used
- can consciously be altered by statute / legislation
QUESTION 6
Statehood - ANSWERS-1. Permanenet popultion (nomadic, Western Sahara,
organsied social & political structure)
2. Enclave separate from main territory (Not a bar to statehood, Alaska)
3. Financial indendence (matter of degree)
4. Capacity to enter into relations with other states (UN membership, recognition)
5. Effective gov (courts, executive organs, ministers, Western Sahara case)
END OF
PAGE 3
LAW
ANSWER ALL QUESTIONS IN THIS SECTION
QUESTION 1
Are individuals subjects of international law - ANSWERS-- sort of
- must be adopted with caution
- even in claiming protection under a human rights treaty, the individual can only
do so as a legal subject in national law
QUESTION 2
Primary sources of Int law - ANSWERS-- treaties
- customary int law
- general principles of law
- judicial decisions
- teaching of publicists
- sources falling outside the scope of s38
- informal sources of int law
END OF
PAGE 1
, LCP4801 - INTERNATIONAL 2024
LAW
QUESTION 3
Differences between int and national law - ANSWERS-Int law
- no legislator
- has judiciary but no precedent, state is judge in own case
- no executive to enforce judgements, sanctions are poorly developed
- subjects are generally states or international organisations
QUESTION 4
National law
- complete legislative process
- fully developed judiciary, precedent system applies, nemo iudex in sua causa
- there is a complete executive machinery in order to enforce judgements
- subjects are individuals or legal persons
QUESTION 5
Similarities between int law and national law - ANSWERS-Int law
END OF
PAGE 2
, LCP4801 - INTERNATIONAL 2024
LAW
- comprises accepted norms prescribing state behavior
- uses writing etc of jurists rather than morality
- can consciously be altered by treaty
National law
- comprises accepted norms prescribing behaviors
- writings of jurists & precedent are freely used
- can consciously be altered by statute / legislation
QUESTION 6
Statehood - ANSWERS-1. Permanenet popultion (nomadic, Western Sahara,
organsied social & political structure)
2. Enclave separate from main territory (Not a bar to statehood, Alaska)
3. Financial indendence (matter of degree)
4. Capacity to enter into relations with other states (UN membership, recognition)
5. Effective gov (courts, executive organs, ministers, Western Sahara case)
END OF
PAGE 3
