INTERNATIONAL PUBLIC LAW
(1) Main specific features of international law.
(1) lack of legislative power. No international organization has a legislative function. Norms of international
law are not created by legislation, its content is not static.
(2) peculiarities of sources.Under Article 38 of the Statute of the International Court of Justice, international
conventions, international custom, general principles of law, judicial decisions and doctrine. At present,
resolutions of international organizations and unilateral acts of states by which states assume international
obligations are also recognized as sources. There is no hierarchy of sources anywhere, but this does not mean
that the legal force of individual pieces of legislation cannot be different in the sense of binding nature.
(3) lack of centralized executive power.No international body, including the UN Security Council, performs
the function of centralized enforcement of international law. The ST, although it takes binding decisions, has a
special competence to maintain international peace and security.
(4) the absence of a judicial body of general binding jurisdiction. In international relations, there is no body
competent to settle all international disputes and to impose sanctions for any violation of international law.
Although the International Court of Justice is the main UN judicial body, its jurisdiction is optional, based on
the consent of States expressed in various ways, such as (a) a special agreement (compromise) between States,
(b) a provision in an international treaty the application of one of the parties will be heard by the International
Court of Justice; (d) bringing one of the parties to the dispute to court, proposing that the other party to the
dispute agree to a court hearing (forum prorogatum; the Corfu case, the only example). The Court shall settle
disputes between States only, and at the request of the General Assembly the Court may deliver an advisory
opinion on any question. Other UN bodies may request such conclusions only on legal matters of their
activities and only with the permission of the General Assembly. Judgments are binding on the parties to the
dispute, and consultative findings are not binding on the court. Other UN bodies may request such opinions
only on legal matters of their activities and only with the permission of the General Assembly. Judgments are
binding on the parties to the dispute, and consultative findings are not binding on the court. Other UN bodies
may request such opinions only on legal matters of their activities and only with the permission of the General
Assembly. Judgments are binding on the parties to the dispute, and consultative findings are not binding on the
court.
(5) characteristics of entities. Entities under international law include international organizations,
international bodies established under international treaties, state-owned entities such as the Holy See,
historically known free cities (eg Gdansk, Trieste), the Order of Malta, nations fighting for statehood
(independence) and having bodies capable of representing them in relations with other States and international
organizations. If the possession of international rights and obligations and the ability to defend them in the
1
,international arena are a common feature of a subject of international law, then individuals (natural persons)
may also be considered international law.where they have such characteristics (primarily human rights)-
international criminal liability of natural persons).
(6) Peculiarities of compliance. International law is also coercive in nature; he's heremeans in specific forms.
States may apply international law inindividually - by retaliation against the statethe offender, ie the respondent of
the internationalfailure to fulfill obligations vis-à-vis the offending State, or by collectively applyinginternational
sanctions or even the use of armed force under the United Nations Charter,rail, sea, air, postal, telegraph and other
communicationsmeasures and diplomatic relations. There is still self-defense against an armed attack - the state that
used it must immediately notify the Security Council, and humanitarian intervention.
(7) the binding nature of international law. The binding nature of the rules of international law is a necessity
based on the interests of all states and other subjects of international law.
(2) The relationship between international and national law.
There are two theories: (1) monistic - there is a unified legal system. Both domestic and international law
interact in this system, but international law must be given priority. The monistic legal system recognized by
the Republic of Lithuania; (2) dualistic - international law and national law are two independent legal systems,
if the dispute arises within the state - the norms of domestic law are used, if outside the state - international
law. According to dualists, two systems interact, intersect, and so on. A third, (3) theory of coordination later
emerged. According to her, there are two independent legal systems. There is a potential conflict between
them, and the interaction between these legal systems needs to be addressed through the coordination process
that is needed to bring national law into line with international law.
According to Article 11 of the Law on International Agreements of the Republic of Lithuania: 1. International
agreements of the Republic of Lithuania that have entered into force and are being applied provisionally must
be performed in the Republic of Lithuania; 2. If a ratified international agreement of the Republic of Lithuania
which has entered into force establishes norms other than the laws of the Republic of Lithuania, other legal
acts in force at the time of concluding this Agreement or after its entry into force, the provisions of the
international agreement of the Republic of Lithuania shall apply; 3. If the implementation of an international
agreement of the Republic of Lithuania requires the adoption of a law or other legal act, the Government of the
Republic of Lithuania shall submit a relevant draft law to the Seimas or adopt a relevant Government
resolution or ensure the adoption of another legal act. According to Article 138 of the LRC, international
treaties ratified by the Seimas of the Republic of Lithuania
International case law gives priority to international law. If you have signed an international agreement, you
2
,must bring your national law into line with international law. 1969 Article 27 of the Vienna Convention on the
Law of Treaties states that a country (regardless of whether its national legal system is monistic or dualistic)
cannot rely on domestic law to justify non-compliance with the Treaty, and that an important provision on
State liability for violations of international law is enshrined in the draft Commission on State Liability
Articles: the act of the state is classified as a violation of international law only in accordance with
international law. Such a classification cannot be affected by the fact that the act is classified as lawful under
domestic law.
Implementation - implementation of the norms of international law: (1) by adopting a special law; (2)
ratification of the treaty.
(3) Sources of public international law.
Article 38 of the Statute of the International Court of Justice established list of sources:
(1)international conventions are both general and special rules that are explicitly recognized by the parties to
the dispute. An international agreement is an agreement between two or more entities to achieve a defined
result, which is governed by international law. An international agreement is based on the consent of the
parties to the agreement. It is the most formalized source of international law, as its rules are formalized in a
document or documents signed by the parties (with the exception of gentlemen's agreements);
(2) international custom - as evidence of general practice. There are two elements of international custom,
namely a common practice, which means the repetition or permanence of certain facts, conduct, actions or
omissions, and the recognition of such practices as a rule of law, which means that States not only follow
certain customary rules but clearly express their belief (opinio juris) that such a rule is mandatory. In the
national legal system, a case-law which is recognized as mandatory by the highest judicial authorities may be a
clear proof of legal custom. Thus, there are practical difficulties in proving the existence of the custom in
question. National legislation, taking a certain position in drafting the relevant convention, comments on the
content of the draft can be used as evidence. 4 conditions can testify to the formation of a custom: the
provision is a legal norm; it has no reservations; participation in the Convention is broad and representative;
the norm reflects a common practice followed by the state with a particular interest in its application;
(3) general principles of law - recognized by civilized nations. It is easier to prove the application of
procedural principles in international law, as they usually follow from the logic of procedural steps. Therefore,
general principles of law are often referred to as rules of legal technique. The general principles of substantive
law are more acceptable when established practice allows them to be applied, making them essentially
international customs;
3
, (4)court decisions and the doctrine of public law specialists as an aid to the establishment and interpretation of
legal norms. Exception - the court decision is binding only on the parties and only in a specific case. Formally,
court precedent is not a source of international law. With their help, the existence of a specific norm of
international law can be established, as well as the content of this norm. Also, court and arbitration decisions
may indicate the formation of a certain pre-existing norm. The Statute of the International Court of Justice
recognized doctrine as an aid to the establishment of norms of international law.
At present, resolutions of international organizations and unilateral acts of states are also recognized as sources
of international law.
(5) Resolutions of international organizations - they can be sources only in 2 cases: when it itself expresses
the norms of international law, and when it confirms a universal international treaty. In both cases, the General
Assembly resolution does not directly create rights or obligations for States. TO resolutions, as international
acts, have certain advantages over universal conventions or custom. Their adoption procedure is faster and
their content is formally defined. They are not only legal but also political acts. One category of resolutions of
international organizations is binding, namely the regulations of some specialized UN bodies, such as ICAO.
In most cases, however, they are essentially international in nature;
(6) Unilateral acts - only those who create international obligations. Usually, a unilateral act is the recognition
of a state or government, the consequence of which is that one state determines its legal position in relation to
another.
International law does not know any hierarchy of sources. It cannot be said that an international treaty is
superior or takes precedence over custom. The fact that a Member State has not ratified a separate convention
does not exempt that State from complying with the rules, in which case those non-ratified rules would apply
to it as a matter of custom. Because, even when practically all states participate in an international treaty
codifying the norms of international law, these norms remain as customs.
(4, 5, 6) International agreements. The nature of international agreements. Types of international
agreements.
An international agreement is an international agreement concluded in writing between states, which is subject
to the rules of international law, enshrined in one or more documents, whatever the name of that agreement
may be. According to the Law on International Agreements of the Republic of Lithuania, an agreement
governed by the principles and norms of international law is concluded by Lithuania with foreign states and
international organizations, regardless of the title of the agreement and whether the agreement is concluded by
one, two or several related documents. International agreements may also be concluded orally, in which case
they are not covered by the Vienna Convention. An international agreement may have different names: treaty,
4
(1) Main specific features of international law.
(1) lack of legislative power. No international organization has a legislative function. Norms of international
law are not created by legislation, its content is not static.
(2) peculiarities of sources.Under Article 38 of the Statute of the International Court of Justice, international
conventions, international custom, general principles of law, judicial decisions and doctrine. At present,
resolutions of international organizations and unilateral acts of states by which states assume international
obligations are also recognized as sources. There is no hierarchy of sources anywhere, but this does not mean
that the legal force of individual pieces of legislation cannot be different in the sense of binding nature.
(3) lack of centralized executive power.No international body, including the UN Security Council, performs
the function of centralized enforcement of international law. The ST, although it takes binding decisions, has a
special competence to maintain international peace and security.
(4) the absence of a judicial body of general binding jurisdiction. In international relations, there is no body
competent to settle all international disputes and to impose sanctions for any violation of international law.
Although the International Court of Justice is the main UN judicial body, its jurisdiction is optional, based on
the consent of States expressed in various ways, such as (a) a special agreement (compromise) between States,
(b) a provision in an international treaty the application of one of the parties will be heard by the International
Court of Justice; (d) bringing one of the parties to the dispute to court, proposing that the other party to the
dispute agree to a court hearing (forum prorogatum; the Corfu case, the only example). The Court shall settle
disputes between States only, and at the request of the General Assembly the Court may deliver an advisory
opinion on any question. Other UN bodies may request such conclusions only on legal matters of their
activities and only with the permission of the General Assembly. Judgments are binding on the parties to the
dispute, and consultative findings are not binding on the court. Other UN bodies may request such opinions
only on legal matters of their activities and only with the permission of the General Assembly. Judgments are
binding on the parties to the dispute, and consultative findings are not binding on the court. Other UN bodies
may request such opinions only on legal matters of their activities and only with the permission of the General
Assembly. Judgments are binding on the parties to the dispute, and consultative findings are not binding on the
court.
(5) characteristics of entities. Entities under international law include international organizations,
international bodies established under international treaties, state-owned entities such as the Holy See,
historically known free cities (eg Gdansk, Trieste), the Order of Malta, nations fighting for statehood
(independence) and having bodies capable of representing them in relations with other States and international
organizations. If the possession of international rights and obligations and the ability to defend them in the
1
,international arena are a common feature of a subject of international law, then individuals (natural persons)
may also be considered international law.where they have such characteristics (primarily human rights)-
international criminal liability of natural persons).
(6) Peculiarities of compliance. International law is also coercive in nature; he's heremeans in specific forms.
States may apply international law inindividually - by retaliation against the statethe offender, ie the respondent of
the internationalfailure to fulfill obligations vis-à-vis the offending State, or by collectively applyinginternational
sanctions or even the use of armed force under the United Nations Charter,rail, sea, air, postal, telegraph and other
communicationsmeasures and diplomatic relations. There is still self-defense against an armed attack - the state that
used it must immediately notify the Security Council, and humanitarian intervention.
(7) the binding nature of international law. The binding nature of the rules of international law is a necessity
based on the interests of all states and other subjects of international law.
(2) The relationship between international and national law.
There are two theories: (1) monistic - there is a unified legal system. Both domestic and international law
interact in this system, but international law must be given priority. The monistic legal system recognized by
the Republic of Lithuania; (2) dualistic - international law and national law are two independent legal systems,
if the dispute arises within the state - the norms of domestic law are used, if outside the state - international
law. According to dualists, two systems interact, intersect, and so on. A third, (3) theory of coordination later
emerged. According to her, there are two independent legal systems. There is a potential conflict between
them, and the interaction between these legal systems needs to be addressed through the coordination process
that is needed to bring national law into line with international law.
According to Article 11 of the Law on International Agreements of the Republic of Lithuania: 1. International
agreements of the Republic of Lithuania that have entered into force and are being applied provisionally must
be performed in the Republic of Lithuania; 2. If a ratified international agreement of the Republic of Lithuania
which has entered into force establishes norms other than the laws of the Republic of Lithuania, other legal
acts in force at the time of concluding this Agreement or after its entry into force, the provisions of the
international agreement of the Republic of Lithuania shall apply; 3. If the implementation of an international
agreement of the Republic of Lithuania requires the adoption of a law or other legal act, the Government of the
Republic of Lithuania shall submit a relevant draft law to the Seimas or adopt a relevant Government
resolution or ensure the adoption of another legal act. According to Article 138 of the LRC, international
treaties ratified by the Seimas of the Republic of Lithuania
International case law gives priority to international law. If you have signed an international agreement, you
2
,must bring your national law into line with international law. 1969 Article 27 of the Vienna Convention on the
Law of Treaties states that a country (regardless of whether its national legal system is monistic or dualistic)
cannot rely on domestic law to justify non-compliance with the Treaty, and that an important provision on
State liability for violations of international law is enshrined in the draft Commission on State Liability
Articles: the act of the state is classified as a violation of international law only in accordance with
international law. Such a classification cannot be affected by the fact that the act is classified as lawful under
domestic law.
Implementation - implementation of the norms of international law: (1) by adopting a special law; (2)
ratification of the treaty.
(3) Sources of public international law.
Article 38 of the Statute of the International Court of Justice established list of sources:
(1)international conventions are both general and special rules that are explicitly recognized by the parties to
the dispute. An international agreement is an agreement between two or more entities to achieve a defined
result, which is governed by international law. An international agreement is based on the consent of the
parties to the agreement. It is the most formalized source of international law, as its rules are formalized in a
document or documents signed by the parties (with the exception of gentlemen's agreements);
(2) international custom - as evidence of general practice. There are two elements of international custom,
namely a common practice, which means the repetition or permanence of certain facts, conduct, actions or
omissions, and the recognition of such practices as a rule of law, which means that States not only follow
certain customary rules but clearly express their belief (opinio juris) that such a rule is mandatory. In the
national legal system, a case-law which is recognized as mandatory by the highest judicial authorities may be a
clear proof of legal custom. Thus, there are practical difficulties in proving the existence of the custom in
question. National legislation, taking a certain position in drafting the relevant convention, comments on the
content of the draft can be used as evidence. 4 conditions can testify to the formation of a custom: the
provision is a legal norm; it has no reservations; participation in the Convention is broad and representative;
the norm reflects a common practice followed by the state with a particular interest in its application;
(3) general principles of law - recognized by civilized nations. It is easier to prove the application of
procedural principles in international law, as they usually follow from the logic of procedural steps. Therefore,
general principles of law are often referred to as rules of legal technique. The general principles of substantive
law are more acceptable when established practice allows them to be applied, making them essentially
international customs;
3
, (4)court decisions and the doctrine of public law specialists as an aid to the establishment and interpretation of
legal norms. Exception - the court decision is binding only on the parties and only in a specific case. Formally,
court precedent is not a source of international law. With their help, the existence of a specific norm of
international law can be established, as well as the content of this norm. Also, court and arbitration decisions
may indicate the formation of a certain pre-existing norm. The Statute of the International Court of Justice
recognized doctrine as an aid to the establishment of norms of international law.
At present, resolutions of international organizations and unilateral acts of states are also recognized as sources
of international law.
(5) Resolutions of international organizations - they can be sources only in 2 cases: when it itself expresses
the norms of international law, and when it confirms a universal international treaty. In both cases, the General
Assembly resolution does not directly create rights or obligations for States. TO resolutions, as international
acts, have certain advantages over universal conventions or custom. Their adoption procedure is faster and
their content is formally defined. They are not only legal but also political acts. One category of resolutions of
international organizations is binding, namely the regulations of some specialized UN bodies, such as ICAO.
In most cases, however, they are essentially international in nature;
(6) Unilateral acts - only those who create international obligations. Usually, a unilateral act is the recognition
of a state or government, the consequence of which is that one state determines its legal position in relation to
another.
International law does not know any hierarchy of sources. It cannot be said that an international treaty is
superior or takes precedence over custom. The fact that a Member State has not ratified a separate convention
does not exempt that State from complying with the rules, in which case those non-ratified rules would apply
to it as a matter of custom. Because, even when practically all states participate in an international treaty
codifying the norms of international law, these norms remain as customs.
(4, 5, 6) International agreements. The nature of international agreements. Types of international
agreements.
An international agreement is an international agreement concluded in writing between states, which is subject
to the rules of international law, enshrined in one or more documents, whatever the name of that agreement
may be. According to the Law on International Agreements of the Republic of Lithuania, an agreement
governed by the principles and norms of international law is concluded by Lithuania with foreign states and
international organizations, regardless of the title of the agreement and whether the agreement is concluded by
one, two or several related documents. International agreements may also be concluded orally, in which case
they are not covered by the Vienna Convention. An international agreement may have different names: treaty,
4
