Week 1 | Nature of international law
Overview topics
Week 1: Foundations and structure of international law Week 5: State responsibility
Week 2: Sources Week 6: International dispute settlement
Week 3: Subjects Week 7: Human rights
Week 4: Jurisdiction and immunity Week 8: Use of force
The basis of public international law
Difference between national vs international law
1. Topics:
- National law: deals with rules in that country
- International law: focus on how countries interact with each other
2. Sources:
- National law: comes from the country constitution made by governments and courts
decisions.
- International law: comes from agreements between states, customary law, general
principles and juridical and scholarly writing (38 ICJ Statute)
3. Nature:
- Consent law-making: national law you must follow the rules. In international law States
gave consent to be bound by the rules.
- No mandatory dispute settlements: In national courts can be forced to settle disputes.
International law they have to agree to go to court.
- Decentralized enforcement: In national, the government forces rules by police and courts.
International law there is no global police force. Enforcements depend on state
cooperation or international organizations taking action.
→ National: centralized and international: decentralized.
How do we enforce international law?
International law doesn’t have an army or international police. Even the courts that we have, you can’t
bring many cases there. → This will be discussed later on.
Relationships between national and international law
1. Monism (NL): International law directly applies into the national legal system.
2. Dualism (UK): Two separate systems that operate individually. There needs to be a national law
first.
3. Pluralism: Relationship between the two
The structure of international law
Two key notions that explain why we have international law
1. Coexistence: Sovereign states coexist, they depend on each other. You want them to coexist
peacefully.
2. Cooperation: Issues that were national law, but became more important at international level.
,Sometimes what was cooperation first can move to coexistence. For example: protection of the
environment.
Under international law states have the power to do most of the things they want (sovereignty). We have
all these rules in international law because states consent to it.
Critique on international law
- International law is a non law, it’s a set of ideas (collection of principles)
- It’s ineffective because it’s violated all the time
- Can’t be enforced.
Why do states obey international law?
- Predictability over chaos
- States gave consent
- Legitimacy / reputation
- Enforcement mechanism
, Week 2 | Sources
Cases: ICJ, North Sea Continental Shelf
Sources
Art. 38 ICJ Statute (can be used to resolve disputes)
1. International conventions (treaty)
2. International custom (customary)
3. General principles
4. Judicial decisions & teachings (subsidiary)
Treaties / international conventions
Definition: 1969 Vienna Convention on the law of treaties explains what a treaty is in art. 2 VCLT.
- International agreement
- Between states
- Written form
- Governed by international law (no domestic law)
→ Oral agreements are binding by not treaties in the sense of 2.1(a) VCLT (3a VCLT)
→ Other written agreements not between states may be ‘treaties’ but not under the VCLT
Determine if a treaty is binding or non-binding
Focus on the content rather than its title. The ICJ will look at what parties agreed to.
Formation of treaties (6-18 VCLT)
1. Negotiations
2. Adoption of text (draft)
3. Expression of consent to be bound
4. Depositary registration
Negotiation: parties disagree, they sit down and find ways they can agree → discussion over terms treaty.
Who can adopt a treaty / express consent
Art. 7 VCLT: a person with full powers or someone considered to represent the state
Art. 7(2) VCLT: gives people power to represent the state by virtue or function.
→ These people can negotiate and express consent to be bound.
How to express consent? Three ways
1. Signature (12/14 VCLT)
2. Ratification (14/16 VCLT)
3. Accession (15 VCLT)
The period between signature and entry into force
Art. 18 VCLT: during this period states have to act in accordance to principles of that agreement
→ Interm obligation.
Overview topics
Week 1: Foundations and structure of international law Week 5: State responsibility
Week 2: Sources Week 6: International dispute settlement
Week 3: Subjects Week 7: Human rights
Week 4: Jurisdiction and immunity Week 8: Use of force
The basis of public international law
Difference between national vs international law
1. Topics:
- National law: deals with rules in that country
- International law: focus on how countries interact with each other
2. Sources:
- National law: comes from the country constitution made by governments and courts
decisions.
- International law: comes from agreements between states, customary law, general
principles and juridical and scholarly writing (38 ICJ Statute)
3. Nature:
- Consent law-making: national law you must follow the rules. In international law States
gave consent to be bound by the rules.
- No mandatory dispute settlements: In national courts can be forced to settle disputes.
International law they have to agree to go to court.
- Decentralized enforcement: In national, the government forces rules by police and courts.
International law there is no global police force. Enforcements depend on state
cooperation or international organizations taking action.
→ National: centralized and international: decentralized.
How do we enforce international law?
International law doesn’t have an army or international police. Even the courts that we have, you can’t
bring many cases there. → This will be discussed later on.
Relationships between national and international law
1. Monism (NL): International law directly applies into the national legal system.
2. Dualism (UK): Two separate systems that operate individually. There needs to be a national law
first.
3. Pluralism: Relationship between the two
The structure of international law
Two key notions that explain why we have international law
1. Coexistence: Sovereign states coexist, they depend on each other. You want them to coexist
peacefully.
2. Cooperation: Issues that were national law, but became more important at international level.
,Sometimes what was cooperation first can move to coexistence. For example: protection of the
environment.
Under international law states have the power to do most of the things they want (sovereignty). We have
all these rules in international law because states consent to it.
Critique on international law
- International law is a non law, it’s a set of ideas (collection of principles)
- It’s ineffective because it’s violated all the time
- Can’t be enforced.
Why do states obey international law?
- Predictability over chaos
- States gave consent
- Legitimacy / reputation
- Enforcement mechanism
, Week 2 | Sources
Cases: ICJ, North Sea Continental Shelf
Sources
Art. 38 ICJ Statute (can be used to resolve disputes)
1. International conventions (treaty)
2. International custom (customary)
3. General principles
4. Judicial decisions & teachings (subsidiary)
Treaties / international conventions
Definition: 1969 Vienna Convention on the law of treaties explains what a treaty is in art. 2 VCLT.
- International agreement
- Between states
- Written form
- Governed by international law (no domestic law)
→ Oral agreements are binding by not treaties in the sense of 2.1(a) VCLT (3a VCLT)
→ Other written agreements not between states may be ‘treaties’ but not under the VCLT
Determine if a treaty is binding or non-binding
Focus on the content rather than its title. The ICJ will look at what parties agreed to.
Formation of treaties (6-18 VCLT)
1. Negotiations
2. Adoption of text (draft)
3. Expression of consent to be bound
4. Depositary registration
Negotiation: parties disagree, they sit down and find ways they can agree → discussion over terms treaty.
Who can adopt a treaty / express consent
Art. 7 VCLT: a person with full powers or someone considered to represent the state
Art. 7(2) VCLT: gives people power to represent the state by virtue or function.
→ These people can negotiate and express consent to be bound.
How to express consent? Three ways
1. Signature (12/14 VCLT)
2. Ratification (14/16 VCLT)
3. Accession (15 VCLT)
The period between signature and entry into force
Art. 18 VCLT: during this period states have to act in accordance to principles of that agreement
→ Interm obligation.
