Summary International Law and Global Governance (LLM)
Tilburg University 2024
Lectures 1 - 8
Based on:
Jan Klabbers
9781009304320
Cambridge University Press
4th edition 2023
Pages: 63
Reading time: 120 min.
+ Exam preparation test bank – 88 questions and answers
+ 57 most important core concepts LLM you must know explained
,
,
,
,International law
Week 1: Introduction
International law delivers the framework and vocabulary that helps make international politics
possible. Without international law, there could not even be states.
The different between international public law and international private law is that public law are
the rules between states and private law are the rules between people in different countries.
You speak of international law as soon as two (or more) different states wants to cooperate an
issue.
Supranational: it is higher than the states. They can make decisions against the states and they
can overrule the states example: EU.
The starting point of international law is that states become voluntary a party to a treaty (consent
to be bound). There is an exception on this rule. Ius cogens genocide is never allowed. Even
when you’re not a party of a treaty.
Erga omnes are the standards that are practicable between all relations. Not only parties but
also between people.
We talk about a state when the state have a (cumulative):
• Territory
• Government
• Population
• Are other states are willing to recognize the state? There is no rule how many
states have to recognize a state. But 2/3 of the UN state is enough.
Right to self-determination
• Internal
o Empty basket
• External
o If a state keeps violating the rights of the population, in that case people have
the right to succeed.
The basic rule of self-determination is that the state has to support it.
• London support Scotland
• Spain doesn’t support Catalonia
• Referendum of the Krim was illegal and Ukraine didn’t support it. But if a state keeps
violating the people (ex. Genocide) at that moment remedial (suspicion recession).
Kosovo they claimed to succeed to Servia because Servia keeps violating Kosovo.
, When do we speak of law?
1. Subject
2. Object
3. Addressee
4. It can be enforced
International law is also the law of non-governmental institutions.
International law have started in the seventeenth century.
• In the year 1648, the Peace of Westphalia was concluded to mark the end of the
Thirty Years’ War.
• The publication in 1625 of Hugo Grotius’ On the law of war and peace.
Colonialism
Terra nullius: a territory that belongs to no one.
Terra communis: common property, and thus not susceptible of occupation and sovereignty.
International law and the global economy
International law is, in part, the legal system regulating the global economy, in much the same
way as it has been observed that domestic legal systems and law school curricula (at least in
the Western world) from the late nineteenth century onwards were set up so as to facilitate the
capitalist economy.
The international legal system
John Austin (a nineteenth-century positivist thinker): international law can be seen as ‘positive
morality’: it is more or less binding on states, but as a matter of morality, not as a matter of law.
Almost all nations observe almost all principle of international law and almost all of their
obligations almost all of the time. Various explanations are offered for this state of affairs.
• One is that since states themselves make international law.
• The implementation and application of law is very much a matter of habit and routine,
and this is no different in international law. States will continue to do what they are used
to doing and this typically helps strengthen international law.
• An important role is also played in international law by consideration of reciprocity. If
states A and B are at war, and A starts to mistreat B’s citizens, then B will be highly
tempted to mistreat A’ citizens as well.
• Role of legitimacy. A rule that is generally perceived as useful and that has been
created in the proper manner may be seen as legitimate and thereby exercise a
‘compliance pull’.
• States are few in number and are attached to their territories; they cannot escape
from each other, and it is decidedly costly to be a pariah state.
Tilburg University 2024
Lectures 1 - 8
Based on:
Jan Klabbers
9781009304320
Cambridge University Press
4th edition 2023
Pages: 63
Reading time: 120 min.
+ Exam preparation test bank – 88 questions and answers
+ 57 most important core concepts LLM you must know explained
,
,
,
,International law
Week 1: Introduction
International law delivers the framework and vocabulary that helps make international politics
possible. Without international law, there could not even be states.
The different between international public law and international private law is that public law are
the rules between states and private law are the rules between people in different countries.
You speak of international law as soon as two (or more) different states wants to cooperate an
issue.
Supranational: it is higher than the states. They can make decisions against the states and they
can overrule the states example: EU.
The starting point of international law is that states become voluntary a party to a treaty (consent
to be bound). There is an exception on this rule. Ius cogens genocide is never allowed. Even
when you’re not a party of a treaty.
Erga omnes are the standards that are practicable between all relations. Not only parties but
also between people.
We talk about a state when the state have a (cumulative):
• Territory
• Government
• Population
• Are other states are willing to recognize the state? There is no rule how many
states have to recognize a state. But 2/3 of the UN state is enough.
Right to self-determination
• Internal
o Empty basket
• External
o If a state keeps violating the rights of the population, in that case people have
the right to succeed.
The basic rule of self-determination is that the state has to support it.
• London support Scotland
• Spain doesn’t support Catalonia
• Referendum of the Krim was illegal and Ukraine didn’t support it. But if a state keeps
violating the people (ex. Genocide) at that moment remedial (suspicion recession).
Kosovo they claimed to succeed to Servia because Servia keeps violating Kosovo.
, When do we speak of law?
1. Subject
2. Object
3. Addressee
4. It can be enforced
International law is also the law of non-governmental institutions.
International law have started in the seventeenth century.
• In the year 1648, the Peace of Westphalia was concluded to mark the end of the
Thirty Years’ War.
• The publication in 1625 of Hugo Grotius’ On the law of war and peace.
Colonialism
Terra nullius: a territory that belongs to no one.
Terra communis: common property, and thus not susceptible of occupation and sovereignty.
International law and the global economy
International law is, in part, the legal system regulating the global economy, in much the same
way as it has been observed that domestic legal systems and law school curricula (at least in
the Western world) from the late nineteenth century onwards were set up so as to facilitate the
capitalist economy.
The international legal system
John Austin (a nineteenth-century positivist thinker): international law can be seen as ‘positive
morality’: it is more or less binding on states, but as a matter of morality, not as a matter of law.
Almost all nations observe almost all principle of international law and almost all of their
obligations almost all of the time. Various explanations are offered for this state of affairs.
• One is that since states themselves make international law.
• The implementation and application of law is very much a matter of habit and routine,
and this is no different in international law. States will continue to do what they are used
to doing and this typically helps strengthen international law.
• An important role is also played in international law by consideration of reciprocity. If
states A and B are at war, and A starts to mistreat B’s citizens, then B will be highly
tempted to mistreat A’ citizens as well.
• Role of legitimacy. A rule that is generally perceived as useful and that has been
created in the proper manner may be seen as legitimate and thereby exercise a
‘compliance pull’.
• States are few in number and are attached to their territories; they cannot escape
from each other, and it is decidedly costly to be a pariah state.
