IPL

International Law

Law that governs the relations between states amongst each other

International Law

consists of: International agreements, International custom, General principles of law, Law-making resolutions of int’l organizations

International Law

Is a horizontal system (no suoreme legislator), Settlement of disputes: no compulsory court jurisdiction, limited enforcement mechanisms)

Domestic Law:

has a vertical system (supreme legislator). Settlement of disputes: compulsory court jurisdiction

Branches of International Law Today

General notions, History and Development, Sources of IL (Law of treatiers), Subjects of IL, Diplomatic and consular law, Population, International organization, Peacefull settlement of disputes, Law of military

Branches of International law

Law of war, law of war and peace, law of peace and law of war

lus cogends (peremptory norms)...

peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted

UN obligations

In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.

Sourced of Law

Sources of knowledge of law/ Sources of validity (binding force) of law > material sources, formal sources

Customary (legal) rule: usus + opinio iuris

concerted practice of states making law; a general practice accepted as law

Practice (usus):

concordant (uniform), uninterupted

Opinio iuris:

conviction that the practice is the law

Geographical element of the custom

universality

Temporal element of custom

– longevity: how long?

nternational agreement Example:

Treaty rule: The Council shall consist of a representative of each Member State at ministerial level...

International custom

Customary rule: Member States may be represented at meetings of the Council by state secretaries or even members of COREPER

CLASSIFICATIONS OF INT’L AGREEMENTS

bilateral, open- closed, Signature, written - oral, main- additional, between states

FORM OF INT’L AGREEMENTS

“treaty” means an international agreement ... in written form

Structure of agreements

Title, Introduction, Operative part, Operative part, Korroboration, Final clauses, Signatures

TREATY-MAKING

1., FULL POWERS 2. PREPARATION 3. CONCLUSION.

TREATY INTERPRETATION

treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.

TREATY RESERVATIONS

a unilateral statement