8 Questions
What is the main focus of Public International Law (PIL)?
Regulating relations of States and other international persons
What is the primary concern of Private International Law (PRIL) or Conflict of Laws?
Issues that have clear connections with a foreign system of law
What do 'Obligations Erga Omnes' refer to?
An obligation of every State towards the international community as a whole
What is the meaning of 'Jus Cogens' in the context of international law?
A peremptory norm from which no derogation is permitted
What does the concept of 'ex aequo et bono' refer to?
Deciding a case based on fairness rather than existing law
According to the Monistic Theory, what relationship exists between international law and domestic law?
International law is automatically incorporated into domestic law
What does the Dualist Theory assert about the relationship between international law and municipal law?
Each is supreme in its own sphere and level of operation
What is the key difference between Monism and Dualism regarding the incorporation of international norms into domestic legal systems?
Monism requires transforming international norms, while Dualism does not
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.
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.
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