Public International Law PDF 2020

Public International Law Dr Amarilla Marta Kiss [email protected] * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the auth...

Public International Law Dr Amarilla Marta Kiss [email protected] * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author.  2014 ISBN-13: 978-1107612495  INTRODUCTION Law What’s law? Where is it? Set/System of rules (procedural, institutional, behavioural) a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. a mandatory rules of social behavior established by the state. /Participants: natural person, legal personality states/ Structure of Law Legal norms → legal principles → legal institutions → legal system →law families * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author.  LEGAL NORMS 1. Hypothesis: sets forth the conditions under which a person should be guided by the given legal norm; 2. Disposition, which indicates the rights and duties of the participants in relations arising under the circumstances envisioned in the hypothesis; 3. Sanction, which defines the consequences for persons who violate the prescriptions of a particular norm. Legal norms are also divided into “imperative” norms, containing precepts that are compulsory for participants in legal relationships, and “dispositional” norms, allowing the participants to define their rights and duties within the limits established by law. If the parties have not stipulated their rights and obligations in a contract, the rule contained in the given legal norm applies. * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author.  PUBLIC INTERNATIONAL LAW 1. Unique nature & development of Int’l Law 2. International and municipal law 3. Principles 4. Sources 5. Responsibility in Int’l Law * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author.  Public International Law (PIL) deals with: Everyday issues Law of armed conflicts * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author. PUBLIC INTERNATIONAL LAW - Regulates the relation among states - legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors. /Bentham/ * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author. PUBLIC INTERNATIONAL LAW international law provides normative guidelines as well as methods, mechanisms, and a common conceptual language to international actors Sets the frame/playground and politics fill it common legal system developed by states with the assistance of other subjects of int’l law → provides rights and poses obligations → for states and sometimes for other subjects of int’l law → it provides a frame for their conduct * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author.  PIL: separate legal system Relation: PIL Municipal/Domestic/National law * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author.  Unique characteristics of PIL based on the definition Structure (1) Subjects & Legal personality (2) Function (3) The norm: Lex imperfecta (4) * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author.  1. Structure PIL → states create it by consent, based on the will of states, fragmented Municipal law → hiearchy * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author. 2. Subjects and Legal Personality - Legal capacity → rights and duties ▪ States ▪ International Organizations ▪ Individuals ▪ Other: ❖ the Holy See ❖ Sovereign Military Order of Malta ❖ Mankind ❖ People, nations etc. * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author.  2. Legal personality - Is it original/genuine or derived (transferred) by states? - Is there any limitation considering their power? - Who are committed/obliged by their decisions? * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author.  3. Function Co-ordination Facilitate co-operations Avoid armed conflicts * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author. 4. Lex imperfecta Critical views: Hobbes: doesn’t acknowledge it Austin: Nihilist theory → coercion is missing (see: structure of norms) Why? → Separation of powers (4.1.) → Coercion (4.2.) * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author. 4. Lex imperfecta → Separation of powers (4.1.) → Coercion (4.2.) 4.1. -legislative, judiciary, executive powers -missing in PIL 4.2. There is sanction, but it’s different from what we got used to → ? Conflict * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author. 4.2. There is sanction, but it’s different from what we got used to → ? Conflict - Self-help → issue a state can solve on its own, not affecting int’l peace and security , 2 measures: ❖ Retorsion (in comformity with int’l law, but not necessarily friendly action see: cutting off diplomatic relations) ❖ Reprisal is not in comformity with int’l law Unlawful action →unlawful reaction - Institutionalized → issue affecting the int’l community (Security Council) * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author.  Levels of the cooperation → types of international legal norms Universal: refer to everyone (all states) Particular: more states (but not all) create them based on a common ground/interest > regional Bilateral: 2 states create the norm * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author. How can we decide between 2 norms if they tend to be contradictory? - Lex specialis derogat legi generali - Lex posteriori derogat legi priori - (Lex superiori derogat legi inferiori) + Imperative norms! → International community as a whole accepts and there are no derogations from it (e.g. non-intervention, prohibition of use of force) * For International Studies, PPCU Budapest 2020. Please do not circulate it without the permission of the author.