Summary International law 2023 {Questions and Answer

What is International Law? - -System of laws concerning the rights and duties of states to one another. Argentina v Uruguay 2010, Mexica v US 2004 -Treaties 1 - --Primary Source. -States are not bound unless they ratify a treaty. -Once treaties oprational "pacta sunt servanda". - Horizontal, not vertical. -Treaties 2 - --UN Charter (Multi-lateral). -Governed by Vienna Convention on the laws of treaties '69. eg. Kyoto Protocol. -Custom - -- Primary Source. - A certain practise that has continued non-stop for a long period. Begin to consider the practise to be legally binding. "Opinio juris" eg. Freedom of the high seas. UN Convention of the Sea. UK v Albania. -General Principles of Law - -- Primary Source. - General principles of law as recognised by civilised nations. eg. National law, common principles. Every crime consists of a conduct + mental element. -Judicial Decisions - --Secondary Source. - No rule of precedent. - No binding nature, persuasive only. -Opinions of Qualified Publicists - -- Secondary Source. - Important International Lawyers opinions. eg. Lassa Oppenheim's many books on International Law.