Podcast
Questions and Answers
What is Private International Law?
What is Private International Law?
Private International Law regulates the individual conduct with a transnational element
Who was John Austin?
Who was John Austin?
John Austin was an English legal theorist who elaborated a theory of law based upon the notion of a sovereign issuing a command backed by a sanction or punishment.
What concept was highlighted in the Lotus Case?
What concept was highlighted in the Lotus Case?
The concept of PIL as a permissive system was highlighted in the Lotus Case. The Court concluded that 'There wasn't any prohibition of initiating proceedings against foreign citiznes in any treaty or customs
What is the principle of "pacta sunt servanda"?
What is the principle of "pacta sunt servanda"?
Signup and view all the answers
How does PIL differ from domestic law?
How does PIL differ from domestic law?
Signup and view all the answers
What is the Montevideo Convention on Statehood?
What is the Montevideo Convention on Statehood?
Signup and view all the answers
Name the four criteria of statehood.
Name the four criteria of statehood.
Signup and view all the answers
What are the two theories of recognition when it comes to statehood?
What are the two theories of recognition when it comes to statehood?
Signup and view all the answers
Define a unilateral declaration.
Define a unilateral declaration.
Signup and view all the answers
What is "jus cogens"?
What is "jus cogens"?
Signup and view all the answers
Where does International Law come from?
Where does International Law come from?
Signup and view all the answers
The Vienna Convention on the Law of Treaties establishes that a treaty can only be modified if all parties agree to such a modification.
The Vienna Convention on the Law of Treaties establishes that a treaty can only be modified if all parties agree to such a modification.
Signup and view all the answers
Name the five main principles that define states' jurisdiction.
Name the five main principles that define states' jurisdiction.
Signup and view all the answers
The Passive Personality Principle is universally acknowledged as a valid basis for state jurisdiction.
The Passive Personality Principle is universally acknowledged as a valid basis for state jurisdiction.
Signup and view all the answers
The concept of "jus cogens" reflects the principle of universal jurisdiction as a concept of international law.
The concept of "jus cogens" reflects the principle of universal jurisdiction as a concept of international law.
Signup and view all the answers
The ICJ in the Barcelona Traction Case concluded that the nationality State of shareholders cannot sue for diplomatic protection.
The ICJ in the Barcelona Traction Case concluded that the nationality State of shareholders cannot sue for diplomatic protection.
Signup and view all the answers
The Montevideo Convention suggests that states can be held responsible for all of the following, except:
The Montevideo Convention suggests that states can be held responsible for all of the following, except:
Signup and view all the answers
What are the three forms of reparation for injury under international law?
What are the three forms of reparation for injury under international law?
Signup and view all the answers
The ICJ held in the Tehran Hostages case that states can be held responsible for the private acts of its citizens even if those acts are in violation of international law.
The ICJ held in the Tehran Hostages case that states can be held responsible for the private acts of its citizens even if those acts are in violation of international law.
Signup and view all the answers
The United Nations is responsible for enforcing international law with the same level of authority and effectiveness as domestic legal systems enforce their laws within their respective states.
The United Nations is responsible for enforcing international law with the same level of authority and effectiveness as domestic legal systems enforce their laws within their respective states.
Signup and view all the answers
What are the three main approaches for dealing with conflicts between international law and domestic law?
What are the three main approaches for dealing with conflicts between international law and domestic law?
Signup and view all the answers
According to the ILC Articles, customary international law is not impacted by the Vienna Convention, and the two can exist independent of each other.
According to the ILC Articles, customary international law is not impacted by the Vienna Convention, and the two can exist independent of each other.
Signup and view all the answers
The "concurrent jurisdiction" concept means that no single state can claim jurisdiction over a specific event or act that has occurred on the shared territory of multiple states.
The "concurrent jurisdiction" concept means that no single state can claim jurisdiction over a specific event or act that has occurred on the shared territory of multiple states.
Signup and view all the answers
What is the most recent and significant legal challenge related to the applicability of the UN Charter and self-defense in military actions?
What is the most recent and significant legal challenge related to the applicability of the UN Charter and self-defense in military actions?
Signup and view all the answers
The UN only authorized formal peacekeeping operations, explicitly stated within the Charter, until 1950.
The UN only authorized formal peacekeeping operations, explicitly stated within the Charter, until 1950.
Signup and view all the answers
The Security Council's actions are subject to full judicial review by the ICJ.
The Security Council's actions are subject to full judicial review by the ICJ.
Signup and view all the answers
The UN Charter prohibits the use of force in all circumstances, except for cases of self-defense or when authorised in accordance with U.N. Charter procedures.
The UN Charter prohibits the use of force in all circumstances, except for cases of self-defense or when authorised in accordance with U.N. Charter procedures.
Signup and view all the answers
The ICJ has never recognised the concept of "force majeure" as a legal justification for a state`s failure to fulfill its international obligations.
The ICJ has never recognised the concept of "force majeure" as a legal justification for a state`s failure to fulfill its international obligations.
Signup and view all the answers
Study Notes
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
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
