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Public International law Definition Traditional Branch of public law which regulates the relations between states and other entities that have been granted international personality. Modern Law which deals with the conduct of the st...

Public International law Definition Traditional Branch of public law which regulates the relations between states and other entities that have been granted international personality. Modern Law which deals with the conduct of the states and of international organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical. S.S Lotus case PCIJ 1927 Public law Jurisdiction A state cannot exercise jurisdiction outside its territory unless permitted by international custom or treaty. Concurrent jurisdiction Within a state's territory, it has jurisdiction over any matter, even if there is no specific international law permitting it to do so. Public vs. Private Public International Law International Private International Law Municipal History Treaty of Westphalia 1. 30 years war a. Catholics vs protestants b. Conflict of land territories 2. 80 years war a. Netherland’s desire for independence from Spain Negotiations = Congress of Westphalia Goals a. Religious freedom b. Diplomacy c. State sovereignty Doctrines and Maxims Jus gentium Processual Presumption Based on customary law Foreign law, whenever applicable, Law between nations should be proved by the proponent thereof, otherwise, such law shall be Jus inter gentes presume to be exactly the same as the International agreements and law of the forum conventions If foreign law is not properly pleaded To be held in common by all nations and proved, our courts will presume Law between people that the foreign law is the same as our local or domestic or internal law. Renvoi Court of forum Transformation In determining the question before, Adopting international law by it must take into account the whole enacting statute law of the other jurisdiction but also Converting international law its rules as to conflict of laws and principle to municipal law thenapply the law to the actual question which the rules and other Incorporation jurisdiction. Must adopt international law as part of the law of the land Borrowing Doctrine No legislative action is required to Directs a state of forum to apply the make them applicable in the local foreign statute of limitations to the jurisdiction pending claims case based on foreign law Ubi Societas Ibi Jus Borrowing statute Other suggested basis Duty of the court to adjudicate your Law is considered the hallmark of any claim in all possible ways political community which intends to act together for the common good. Opinio Juris Non Liquet States must act in compliance with It is not clear the norm not merely out of Situation where decision maker may convenience, habit, coincidence, or decline to make a decision on a politically expediency, but rather out dispute because matter is unclear of a sense of legal obligation Used to judge whether the practice of Pacta Sunt Servanda a state is due to a belief that it is Agreements must be kept legally obliged to do a particular act Oldest principle Opinio juris sive necessitatis = Based on good faith opinion of law or necessity Limits are peremptory norms Jus Cogens Rebus Sic Stantibus Compelling law General rule Peremptory norm Does not allow for contract or treaty to be Governs customary law withdrawn Mandatory Exception Provision of treaty conflicts with If they admit that the treaty states they can existing jus cogens norms = invalid withdraw ○ Crimes against humanity Exception to the exception ○ Genocide When there is fundamental change in the ○ Slavery circumstances of the contract or treaty ○ Human trafficking Exception to exception to exception Erga Omnes Obligation If treaty establishes a boundary or if the Specifically determined obligations fundamental change is the result of a breach that states have towards the by the party invoking it of an obligation international community as a whole under the treaty In relation to everyone Obligations or rights towards all ○ Outlawing acts of aggression ○ Genocide ○ Protection from slavery ○ Protection from racial discrimination  Bases of International Law Natural Law Based on the natural universal principle of right and wrong, basing more on morality and ethics Positive Law Binding force of international law is derived from agreement of the states to be bound by it Eclectic or Groatian School Considers international law as binding because it is good and right and agreed upon by the states Generally attributed to the works of Hugo Grotius Primary Sources International Treaties and conventions Agreement between different countries that is legally binding to the contracting states Treaties are binding agreements between nation-states that forms the basis for int. Law Conventions generally built in to ensure compliance Customary international law International obligations arising from established international practices General and consistent practice of states that they follow from a sense of legal obligation ○ Elements: ○ Objective - consistent and general international practice by states ○ Subjective - opinio juris / acceptance of practice as law by international community Secondary Sources Judicial Decisions Decision of a national court may be used depending upon the prestige and perceived impartiality of the domestic court. ICJ Advisories Inform development of international law Steps in making a treaty Negotiation Signature Ratification exchange of the instruments of ratification ○ no treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate ( article 7, section 21 1987 constitution)