Podcast
Questions and Answers
What is the main focus of Public International Law (PIL)?
What is the main focus of Public International Law (PIL)?
What is the primary concern of Private International Law (PRIL) or Conflict of Laws?
What is the primary concern of Private International Law (PRIL) or Conflict of Laws?
What do 'Obligations Erga Omnes' refer to?
What do 'Obligations Erga Omnes' refer to?
What is the meaning of 'Jus Cogens' in the context of international law?
What is the meaning of 'Jus Cogens' in the context of international law?
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What does the concept of 'ex aequo et bono' refer to?
What does the concept of 'ex aequo et bono' refer to?
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According to the Monistic Theory, what relationship exists between international law and domestic law?
According to the Monistic Theory, what relationship exists between international law and domestic law?
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What does the Dualist Theory assert about the relationship between international law and municipal law?
What does the Dualist Theory assert about the relationship between international law and municipal law?
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What is the key difference between Monism and Dualism regarding the incorporation of international norms into domestic legal systems?
What is the key difference between Monism and Dualism regarding the incorporation of international norms into domestic legal systems?
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Study Notes
Public International Law (PIL)
- Focuses on the relationships between states and international organizations, dealing with issues such as sovereignty, treaties, and international crimes.
Private International Law (PRIL) or Conflict of Laws
- Deals with the resolution of private disputes involving parties from different countries, focusing on jurisdiction, choice of law, and the enforcement of foreign judgments.
Obligations Erga Omnes
- Refers to obligations that are owed by a state to the international community as a whole, rather than to individual states.
Jus Cogens
- Refers to peremptory norms of international law, which are considered so fundamental that they cannot be derogated from by any state, and are superior to treaty law.
Ex Aequo et Bono
- A concept that allows international courts to decide cases based on what is fair and equitable, rather than strictly adhering to the law.
Monistic Theory
- Asserts that international law and domestic law are part of a single, unified legal system, with international law taking precedence over domestic law.
Dualist Theory
- Asserts that international law and municipal law are two separate legal systems, with international law needing to be transformed into domestic law through a formal process.
Monism vs Dualism
- The key difference lies in the incorporation of international norms into domestic legal systems, with monism advocating for automatic incorporation and dualism requiring a formal transformation process.
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Description
Learn about Public International Law (PIL) and Private International Law (PRIL) which regulate relations between states and individuals. Understand how these legal principles govern conduct on a global scale.