International Law: Overview

• These notes summarize key concepts related to international and European law
• Includes an overview of the subjects, sources, and principles governing these areas of law

Overview

• These notes serve as an additional resource for exam preparation.
• They should not be used as a substitute for lectures and assigned readings
• Redistribution of these notes is prohibited

Lecture 1: Introduction and Subjects of International Law

• International law regulates the relations and conduct of actors in society
• Aims to create rights, obligations, facilitate coexistence, cooperation and enforce rules
• Public International Law (PIL) governs the conduct of states, international organizations and non-state actors
• Branches of PIL: diplomatic protocols, human rights laws, and laws about war, humanitarianism, crime, seas, environments and climate

Historical Overview

• Classic international law originated in medieval Europe emphasizing a Eurocentric perspective
• This was spurred by colonization, regulations of relations between the old and new world and legal pluralism, applying to political communities
• Natural law bound all states, used to explain law existence
• Francisco de Vitoria established the 'just war' system, subjecting native populations to natural law
• Hugo Grotius developed natural and man-made international law including the principle of freedom of the high seas as common property
• The Peace of Westphalia in 1648 shifted the legal order from pluralism to monism, shaping international law primarily by states only
• The intellectual approach changed from natural law to States will
• States became subjects of international law
• States consent and will became a source of international law
• States equality implies sovereigns are considered equal, barring interference in internal affairs
• The 18th and 19th centuries focused on securing coexistence among sovereigns
• International law was explicitly horizontal
• Sovereign states' will became the ultimate source, binding by consent only

20th Century

• Institutionalization, rapid development, and increased complexity mark this era
• Globalization heightened interdependence and mobility
• A shift from coexistence to cooperation occurred
• Still Eurocentric, it led to conflicts between the political north and south
• The League of Nations establishment post-WWI and later United Nations
• Since 1945, it has seen explosive growth into international cooperation and law-making

The United Nations

• It is one of the most influential international organizations with 193 state parties
• It's key organs include:
  • UN General Assembly, a representative body with one vote per member
  • UN Security Council, containing veto power
  • International Court of Justice, the main judicial organ

Subjects of International Law

• Those bearing rights and duties within a legal system require legal personality
• The ICJ in Reparation for Injuries defines international subjects as capable of possessing rights, maintaining duties, and bringing legal claims
• States are key members of international organizations subject to membership requirements e.g. peace-loving

Requirements for Statehood

• Montevideo Convention reflection customary international law is used to accord observer status e.g. Palestine in 2012
• Requires permanent population, defined territory, government and capacity
• These must to enter relations with other states,

International Organizations

• A reference to Reparation for Injuries founds legal personality and certain rights relevant to the power and functions
• Individuals with their rights e.g. human rights and private groups are also a legal personality but without rights

Lecture 2: EU Institutions, Sources of EU Law, Direct Vertical Effect & Supremacy

• Law is produced by the European Union (EU), including the EEC and EC, but doesn't inlcude European model laws
• Legal historic events - Benelux stating their treaty of Rome and creating EU Social Fund
• 1973 saw a expansion of the EEC to 9 MS - Single European Act established a system with EP
• Amsterdam and Nice treaties
• Portugal and Austria joined
• Treaty of Lisbon: foundation of treaties TEU and TFEU - 2009 and then the Brexit Crisis

Main Political Bodies

• Council supervises
• European Parliament provides legislation etc
• Eu council sets direction

Institutions functions

• Primary, the Council sets agenda - Council is legislative
• It needs commission - has democratic foundation
• Transparency promotes clarity

Sources of EU Law

• Council has power but also the European Parliament
• Primary v Secondary Sources 1973 – with 6 MS
• Council had to be the Commission
• All states must conform to primary

Direct Vertical Effect & Supermacy

• From the case of Van Gend en Loos this was created - a chemical of Treaty provisions with certain requirements
• Requirements are clear and vertical must have individual support
• EU law goes against most MS constitution and legal order
• Supremacy of treaty Provisions are upheld

Lecture 3: International Law

• The determination and measurement of legal rules for sources, domestically and internationally
• Law, made according to certain beliefs with consent
• Is governed in legal systems due to horizontal structures and principles
• In principle, no hierarchy between Treaties and CIL
• States need consent to explicitily follow, unless explicit, free to act
• Ius is based on three central elements
  • Generally, Consistency, Duration - Rules must be upheld to be effective

Law

• States often enter law which helps with maritime etc
• Oldest forms require 3 elements to uphold
• Art 38: SICJ sets out general principles
• Unilateral statements create options for parties e.g. a way to get a country back on side
• Int Law has power over international

The European Council

• Union powers need to be equal and must consider member state law to apply
• National laws must be known to uphold and create

Lecture 4: European Law - Direct Horizontal Effect of Treaty Provisions & Legislative/ Non-Legislative Acts

• Van Gend en Loos is used
• Vertical actions must be adhered to
• Some articles create individual action
• This allows free engagement with actions from members
• Defrenne II, a non-state, requires all states can do
  • Action from member states must meet all levels

Main Functions

• The council acts
• Legislative action can assist
• The Commission, with its guardian action
• This can assist

Lecture 5: Jurisdiction and Immunities

• Jurisdiction means a competent and legal way to enforce and empower rules in States
• An attempt to achieve the correct authority to allow states
• All types need to be known and can be enforced and made
• There is now more legal power to enforce the legal sovereignty
• Land/ water/ territory needs protection

Types of Principles

• Territory, active, passive, and the principle of protection should be used
• The sovereignty is all
• The states allow and don't allow you on their land
• It can be with or without outside interference
• The state needs their officials

Immunity of States

• They must not be sued for what actions they do
• Can give permission
• They are more like a jury of courts and states
• They have been made known through high offices and bodies

Working Group

• Article 4 and 8 are important
• The states need to follow them
• To have a successful claim is required

Lecture 6: Competences and Legal Bases

• Competence includes legally making law
• The treaty and regulations allows some decisions
• Areas are equal that affect the union
• You need power and principles