Gastcollege Freya Baetens: is international law
‘really’ law?
Lacks legislature, a centralized enforcement mechanism,
Operates in a decentralized environment, can be a victim of power politics
eg. Russia-Ukraine, Israel-Palestine
National law -> most familiar
Why national law the benchmark for the judging of international law in the
first place
Norms created by consent -> international law has become a social fact
The legal quality is that the fact that there is a necessity to be recognized
by states and others alike
States remain the principal subjects, however there is a broader range of
subjects
Different sources of international law:
Currently a revival of bilateral agreements, particularly in the area of
trade and investment law
Custom international law -> widespread representative and
consistent state practice
Binds all states, however they not be parties to specific threats as
long as they have not personally objected to
Resolutions
Unilateral declarations
Ius cogens and premature norms are in the higher hierarchy of the
sources of international law
Eg. Chagos archipelago: (see lesson Nicolas Angelet):
2017 UNGA -> requested an advisory opinion, carry significant authority
value
Without the consent of other states
Given its functions the ICJ now considers that its answer to the advisory
opinion represents its participation in the activities of the UN and in
principle should not be refused.
But the resolutions are not binding, but can be in certain circumstances
provide evidence for establishing the existence of a rule or the emergence
of an opinio iuris
‘really’ law?
Lacks legislature, a centralized enforcement mechanism,
Operates in a decentralized environment, can be a victim of power politics
eg. Russia-Ukraine, Israel-Palestine
National law -> most familiar
Why national law the benchmark for the judging of international law in the
first place
Norms created by consent -> international law has become a social fact
The legal quality is that the fact that there is a necessity to be recognized
by states and others alike
States remain the principal subjects, however there is a broader range of
subjects
Different sources of international law:
Currently a revival of bilateral agreements, particularly in the area of
trade and investment law
Custom international law -> widespread representative and
consistent state practice
Binds all states, however they not be parties to specific threats as
long as they have not personally objected to
Resolutions
Unilateral declarations
Ius cogens and premature norms are in the higher hierarchy of the
sources of international law
Eg. Chagos archipelago: (see lesson Nicolas Angelet):
2017 UNGA -> requested an advisory opinion, carry significant authority
value
Without the consent of other states
Given its functions the ICJ now considers that its answer to the advisory
opinion represents its participation in the activities of the UN and in
principle should not be refused.
But the resolutions are not binding, but can be in certain circumstances
provide evidence for establishing the existence of a rule or the emergence
of an opinio iuris
