Summary International law {Distinction level} Questions and Answer

Possible Essay Topics - -- The New Zealand approach to International Law - Hierarchy issues with sources of International Law -Definition of International Law - -It is the system of governing relations between states. It is horizontal, so all states are equal, and countries enter into it by agreement (as opposed to National Law, where governments and courts impose law) -Principle Features of the International Legal System - -- Limited participants and focus on the state. - Indeterminate nature of its sources. - Its consensual and hence horizontal nature. - Judicial decisions are a subsidiary source. - Absence of a central legislative body, and decentralisation of legal functions. - Collective responsibility. - (Relative) absence of (effective) sanctions. -The Statute of the International Court of Justice, Article 38 - -1. The Court, whose function it is to decide in accordance with International Law such as disputes are submitted to it, shall apply: a. International conventions. b. International custom. c. General principles of law recognised by civilised nations. d. Subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations as subsidiary means for the determination of the rule of law. 2. This provision shall not prejudice the power of the Court to decide a case 'ex aequo et bono' (in equity and good conscience) if the parties agree thereto. -Summary Sources of International Law - -Primary: - International conventions - International customary law - General principles of law Secondary: