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, INTERNATIONAL LAW
THE LEGAL NATURE OF PUBLIC INTERNATIONAL
LAW (PIL)
CHAPTER 1:
Theories of public International law:
Natural law:
De Groot:
The idea of law is that it universal, it isn’t something which
is made but it is discovered – it comes from the idea of god,
nature etc
Man made law must be done according the natural law =
which is the idea that a pre political set of rules must be
established in order to guide human laws
Law and morality aren’t separated = the state has a moral
function
This law is binding on both the state and the individual =
state isn’t above the law.
Such law applies automatically and doesn’t require
consent.
This theory uses reason and allows the law to be applied in a
flexible way, in that it can be adapted to changing circumstances.
TODAY: it has an influence on Human Rights
Examples of the use of natural law in International law:
One of the sources of international law = GENERAL
PRINCIPLES OF LAW: these are used by international
tribunals where there are no rules of treaty or custom, they
allow the court to look at common principles found in a
Critical Law Studies CC ©
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, INTERNATIONAL LAW
THE LEGAL NATURE OF PUBLIC INTERNATIONAL
LAW (PIL)
CHAPTER 1:
Theories of public International law:
Natural law:
De Groot:
The idea of law is that it universal, it isn’t something which
is made but it is discovered – it comes from the idea of god,
nature etc
Man made law must be done according the natural law =
which is the idea that a pre political set of rules must be
established in order to guide human laws
Law and morality aren’t separated = the state has a moral
function
This law is binding on both the state and the individual =
state isn’t above the law.
Such law applies automatically and doesn’t require
consent.
This theory uses reason and allows the law to be applied in a
flexible way, in that it can be adapted to changing circumstances.
TODAY: it has an influence on Human Rights
Examples of the use of natural law in International law:
One of the sources of international law = GENERAL
PRINCIPLES OF LAW: these are used by international
tribunals where there are no rules of treaty or custom, they
allow the court to look at common principles found in a
Critical Law Studies CC ©
Downloaded by: 58194134 |
Downloaded by Vincent master
Distribution of this document is illegal
()
