Untitled Quiz

Public International Law

• Public International Law (PIL) governs relations between states
• PIL includes rules on war and peace, genocide, human rights, trade, environmental protection, shipping, and refugee protection
• Private International Law governs individual conduct with a transnational element (e.g., international contracts, marriages, accidents)
• PIL and domestic law are distinct but interconnected
• PIL's creation differs from domestic law processes as it doesn't involve a single legislative body or a rigid hierarchy of courts
• PIL is based on a network of relationships between states

The Nature of PIL

• Traditional view of PIL is a group of rules governing state-to-state relationships
• Relationship between PIL and domestic law is complex with ongoing debate on whether PIL is superior

The History of PIL

• Roots in the development of Western culture and political organization
• 17th century marked the start of modern PIL with the Peace of Westphalia ending the Thirty Years' War
• Creation of sovereign states and recognition of territorial boundaries
• Colonialism played a significant role in the evolution of PIL, particularly concerning sovereignty over territories
• The rise of entities like the UN and WTO reflect a shift to regulate global economic activity

Sources of PIL

• States are the main law-makers in PIL
• Sources of PIL include treaties, customary international law, and general principles of law
• Unlike domestic law, PIL lacks a rigid hierarchy of sources
• Treaties are written agreements; customary law evolves from state practice considered as law
• General principles of law fill in gaps where no treaty or customary rule exists

Subjects of PIL

• States remain the primary subjects of PIL, possessing rights and obligations
• Intergovernmental organizations (e.g., UN, EU) and increasingly individuals are subjects of PIL, bearing legal rights, especially human rights
• Statehood criteria traditionally include permanent population, defined territory, government, and capacity to enter into relations
• Criteria for self-determination are complex and contested, potentially involving indigenous groups

The Individual in PIL and Human Rights Protection

• Individuals gradually gained recognition as subjects of PIL, particularly in human rights law
• International human rights instruments emerged, aiming to protect basic rights globally
• Significant developments post-WWII, recognizing civil rights (e.g., right to freedom from torture), and social rights (e.g., right to education)
• Regional treaties and systems provided further clarification on implementing human rights principles

The Law of Treaties

• Vienna Conventions codify treaty law, largely reflecting customary international law concerning treaty creation, application and termination
• Treaty elements include consent, validity under jus cogens norms, and dispute resolutions
• Reservations to treaties are allowed under specific conditions to accommodate different state interests

The International and Domestic Relation

• Dualism vs. Monism debate on the relationship between PIL and domestic law; dualism (separate legal spheres) vs. monism (integration) models
• PIL rules are often incorporated into domestic law through treaties, constitutional provisions, or legislation
• Domestic law cannot override PIL if conflict arises

Spheres and Limits of Jurisdiction

• States' competence over their territories in general
• Several types of jurisdiction including prescriptive, adjudicative, and enforcement,
• States can claim jurisdiction over their nationals, despite actions occurring outside their territory
• Principles of territoriality, nationality, protection, passive personality, and universal jurisdiction highlight state jurisdictional competence
• Issue of concurrent jurisdiction when multiple states claim the right to jurisdiction
• Extraterritorial jurisdictions are less clear but are common especially with states acting outside their borders

Spheres and Limits of Responsibility

• Originating in the Chorzów Factory case, idea that states responsible for wrongful acts
• Determining state responsibility for actions of its organs or agents
• Issues of private acts and the role states have in preventing or responding to these.
• Important concept of countermeasures as a response to violations of PIL obligations by another state

Issues of Enforcement

• Decentralized sanctions including retorsions, unilateral sanctions, and countermeasures in response to state actions violating PIL
• Collective security mechanisms (e.g., UN) are less effective in practice in deterring breaches due to a lack of centralized enforcement mechanisms

Force and Violence

• UN Charter's prohibition of the use of force, with the notable exception of self-defense
• Historical developments of jus ad bellum concepts and evolving international norms regarding warfare
• Concepts of self-defense (including anticipatory, and when dealing with non-state actors) and the complexities of defining and measuring its use

Global Economy

• PIL plays a role in regulating the global economy through specific institutions such as the WTO and the IMF