Lectures Public International Law
Week 1: foundations and structure of international law
International law has always been present in society. There were only
types of agreements, it is about how to regulate a state. It wasn’t born on
a specific day. During the colonialism, for example the Dutch or Spanish,
the ideas for international law came from this area. The catholic church
made a base of international law, they formed a large group in a society. In
the 16th century they did not really speak of states. Up until the 17th
century an idea of a modern state was created (international community)
formed in the peace of Westphalia (1648).
Religion played a big role in the 19th century. Positive international law
means that law is made of….
International law was developed by events that happened. Between the
WWI and WWII, the league of nations was the one who created
international law. From 1945 the most treaties of international law were
formed (United Nations (UN), European Union (EU) etc.). With the falling of
the berlin wall, there were more trades in international law than before.
9/11 is also very important for international law in a way of non-state
actors (groups or corporations who have rights, for example terrorists
groups). It became clear that this was challenging in international law.
The difference between national law and international law is that the
domestic law consists of the constitution, the organs and the rights and
obligations they have, the citizens and the regulation between these. What
should a state do and what should other subjects do?
In international law it consists of the regulations between states. In terms
of substants apply in legal order, it is regulated by state. There are some
models how the relationship between national and international law is
regulated:
- Monism: a single and coherent legal system (Netherlands)
International law directly applicable in national legal system
- Dualism: two separate legal systems that operate independently
(UK)
National legislation adopted to give effect to international law
- Pluralism: relationship between the two systems is more complex
and diverse
Internation law is for the states who have interest to have it. They can
benefit the most from an international community such as EU. It is also
used for the inadequacy of national law. International law is being used by:
- Coexistence: you can create rules
- Cooperation: you don’t have to do any trades, but you can make an
agreement.
-
The two key notes to understand international law are:
, 1. Sovereignty: states have supreme power over their territory and
may not be subject to the jurisdiction of other states
Each state has 1 formal vote which counts equally
2. Consent: states must consent to be bound by international rules.
Week 2: Sources of international law
Sources of international law can be found in Art. 38 ICJ Statue. This is the
source of international law because of applying the law. It is a collection
what states can see what international law means. These are the sources
in the article:
- International conventions, general of particular
- International custom, as evidence of a general practice accepted law
- The general principles of law recognized by civilized nations
>these are accepted as law
- Judicial decisions and the teachings of the most highly qualified
publicists, as subsidiary means for the determination of rules of law
There is no hierarchy between the primary sources!
Treaties
Treaties come in all shapes; they agree on something that is written down
(f.e. treaty of Versailles, treaty of Potsdam, treaty of Maastricht or UN
charter treaty). To know the definition of a treaty, it is written in the Vienna
convention on the law of treaties (1969). It is applicable only to treaties
concluded after entry into force of VCLT. The answer about a treaty, it’s in
its treaty itself. The definition is in art. 2.1 (a) VLCT (international
agreement concluded between states in written form)
States can also have verbal agreements; however, they are not covered by
the VCLT in the sense of art. 2.1 VCLT. Not all treaties aren’t written, such
as Qatar v Bahrain (ICJ, 1994).
A treaty comes together trough:
1. Negotiation
2. Adoption of text
The representer of a state can adopt a treaty:
- Art. 7.1 VCLT: a person who has full powers or someone considered
to represent the state
- Art. 7. 2 VCLT: By virtue of function considered to represent the state
f.e: heads of state/heads of government, heads of diplomatic missions and
representatives accredited for the purposes of adopting the text of a treaty
3. Expression of consent to be bound
States consent to a treaty (art. 11-17 VCLT):
- Signature (art. 12/14 VCLT): drawing a signature underneath the
treaty
- Ratification (art. 14/16 VCLT): making sure everyone is on board
Ratification is needed when you look at a treaty itself
The states then ratificates it.
- Accession (art. 15 VCLT): it the treaty is already in force, if you want
to join it later there is a different procedure for this. This is also in
the treaty.
Week 1: foundations and structure of international law
International law has always been present in society. There were only
types of agreements, it is about how to regulate a state. It wasn’t born on
a specific day. During the colonialism, for example the Dutch or Spanish,
the ideas for international law came from this area. The catholic church
made a base of international law, they formed a large group in a society. In
the 16th century they did not really speak of states. Up until the 17th
century an idea of a modern state was created (international community)
formed in the peace of Westphalia (1648).
Religion played a big role in the 19th century. Positive international law
means that law is made of….
International law was developed by events that happened. Between the
WWI and WWII, the league of nations was the one who created
international law. From 1945 the most treaties of international law were
formed (United Nations (UN), European Union (EU) etc.). With the falling of
the berlin wall, there were more trades in international law than before.
9/11 is also very important for international law in a way of non-state
actors (groups or corporations who have rights, for example terrorists
groups). It became clear that this was challenging in international law.
The difference between national law and international law is that the
domestic law consists of the constitution, the organs and the rights and
obligations they have, the citizens and the regulation between these. What
should a state do and what should other subjects do?
In international law it consists of the regulations between states. In terms
of substants apply in legal order, it is regulated by state. There are some
models how the relationship between national and international law is
regulated:
- Monism: a single and coherent legal system (Netherlands)
International law directly applicable in national legal system
- Dualism: two separate legal systems that operate independently
(UK)
National legislation adopted to give effect to international law
- Pluralism: relationship between the two systems is more complex
and diverse
Internation law is for the states who have interest to have it. They can
benefit the most from an international community such as EU. It is also
used for the inadequacy of national law. International law is being used by:
- Coexistence: you can create rules
- Cooperation: you don’t have to do any trades, but you can make an
agreement.
-
The two key notes to understand international law are:
, 1. Sovereignty: states have supreme power over their territory and
may not be subject to the jurisdiction of other states
Each state has 1 formal vote which counts equally
2. Consent: states must consent to be bound by international rules.
Week 2: Sources of international law
Sources of international law can be found in Art. 38 ICJ Statue. This is the
source of international law because of applying the law. It is a collection
what states can see what international law means. These are the sources
in the article:
- International conventions, general of particular
- International custom, as evidence of a general practice accepted law
- The general principles of law recognized by civilized nations
>these are accepted as law
- Judicial decisions and the teachings of the most highly qualified
publicists, as subsidiary means for the determination of rules of law
There is no hierarchy between the primary sources!
Treaties
Treaties come in all shapes; they agree on something that is written down
(f.e. treaty of Versailles, treaty of Potsdam, treaty of Maastricht or UN
charter treaty). To know the definition of a treaty, it is written in the Vienna
convention on the law of treaties (1969). It is applicable only to treaties
concluded after entry into force of VCLT. The answer about a treaty, it’s in
its treaty itself. The definition is in art. 2.1 (a) VLCT (international
agreement concluded between states in written form)
States can also have verbal agreements; however, they are not covered by
the VCLT in the sense of art. 2.1 VCLT. Not all treaties aren’t written, such
as Qatar v Bahrain (ICJ, 1994).
A treaty comes together trough:
1. Negotiation
2. Adoption of text
The representer of a state can adopt a treaty:
- Art. 7.1 VCLT: a person who has full powers or someone considered
to represent the state
- Art. 7. 2 VCLT: By virtue of function considered to represent the state
f.e: heads of state/heads of government, heads of diplomatic missions and
representatives accredited for the purposes of adopting the text of a treaty
3. Expression of consent to be bound
States consent to a treaty (art. 11-17 VCLT):
- Signature (art. 12/14 VCLT): drawing a signature underneath the
treaty
- Ratification (art. 14/16 VCLT): making sure everyone is on board
Ratification is needed when you look at a treaty itself
The states then ratificates it.
- Accession (art. 15 VCLT): it the treaty is already in force, if you want
to join it later there is a different procedure for this. This is also in
the treaty.
