Public International Law Weeks 1-6
Public international law - -law applicable in international community
tool to regulate relations in an international community through binding rules of
conduct
-International Community - -Originally:
interstate community involved in international law (countries where the "who")
Now: international recognition of an individual
• Creation and multiplication of international organizations
In law:
• Members if international community = direct addressee of international norms =
subject of IL
-Main principles/pillars of international law - -- Sovereign equality
- Pacta sunt servanda
- Prohibition to use force
- Peaceful settlement of disputes
- International cooperation
- non-intervention
- self-determination
(SPPPINS: some pretty pansy pigs in norway sleep)
-sovereign equality - -a. states have the same rights and considerations
b. characteristics of a state meaning that it is not subject to any other power of
the same nature
c. power of the state to decide itself the limits of its powers without any external
interference
d. states are subject to only international law
Note- equality before law does not exclude differentiated treatment*
, -pacta sunt servanda - -a. states shall fulfill in good faith their international
obligations
b. comply with all public international law
c. "in good faith" = adhering to the spirit and intention of the agreement
-Prohibition to use force - -Article 2.4
a. Heart of UN charter, core of international law
b. Territorial integrity, political independence
-Exceptions to prohibition to use force - -Exceptions in charter
Security council
Self-defense
Exceptions of out charter
Right of a state to assure a protection of its citizens abroad in a state of
emergency endangering their life abroad
Humanitarian intervention (massive and flagrant violations of human rights)
-Peaceful settlements of disputes - -a. Necessary correlation of the prohibition to
use force- force is excluded from the solution of disputes disputes must be settled
peacefully
via what methods?
- diplomacy
- [missing]
-International cooperation - -a. Duty of states to cooperate with one another
b. [missing]
-non-intervention principle - -a. Confirmation of the principle of sovereign equality
b. Special importance of peace and security
c. Easy to invoke
~
Public international law - -law applicable in international community
tool to regulate relations in an international community through binding rules of
conduct
-International Community - -Originally:
interstate community involved in international law (countries where the "who")
Now: international recognition of an individual
• Creation and multiplication of international organizations
In law:
• Members if international community = direct addressee of international norms =
subject of IL
-Main principles/pillars of international law - -- Sovereign equality
- Pacta sunt servanda
- Prohibition to use force
- Peaceful settlement of disputes
- International cooperation
- non-intervention
- self-determination
(SPPPINS: some pretty pansy pigs in norway sleep)
-sovereign equality - -a. states have the same rights and considerations
b. characteristics of a state meaning that it is not subject to any other power of
the same nature
c. power of the state to decide itself the limits of its powers without any external
interference
d. states are subject to only international law
Note- equality before law does not exclude differentiated treatment*
, -pacta sunt servanda - -a. states shall fulfill in good faith their international
obligations
b. comply with all public international law
c. "in good faith" = adhering to the spirit and intention of the agreement
-Prohibition to use force - -Article 2.4
a. Heart of UN charter, core of international law
b. Territorial integrity, political independence
-Exceptions to prohibition to use force - -Exceptions in charter
Security council
Self-defense
Exceptions of out charter
Right of a state to assure a protection of its citizens abroad in a state of
emergency endangering their life abroad
Humanitarian intervention (massive and flagrant violations of human rights)
-Peaceful settlements of disputes - -a. Necessary correlation of the prohibition to
use force- force is excluded from the solution of disputes disputes must be settled
peacefully
via what methods?
- diplomacy
- [missing]
-International cooperation - -a. Duty of states to cooperate with one another
b. [missing]
-non-intervention principle - -a. Confirmation of the principle of sovereign equality
b. Special importance of peace and security
c. Easy to invoke
~
