Unit 1: Introduction to International Law

What are the three types of relationships in International Law

(Nation) state – (Nation) state

(Nation) state – Persons

Persons – Persons

What is Public International Law (definition)

Governing the relationships between (nation) states and setting out the rights and duties of intergovernmental organizations

What is Private International Law (definition)

International transactions of private entities

What is International Law (definition)

The body of legal norms and rules that regulates activities carried on beyond the legal boundaries of a single (nation) state.

What does International Law serve for

Rulebook for interactions between (nation) states

What is comity (definition)

Treat other (nation) states with goodwill and civility

How does (Nation) state law-making differ from International law-making

Establishes binding rules within a single country

Legislative process by the parliament, or the legislature

How does International law-making differ from (Nation) state law-making

Governs interactions between sovereign states

No governing body

What are some Sources of International Law

Article 38.1 ICJ Statute

Treaties and Conventions

Vienna Convention on the Law of the Treaties

What are treaties (definition)

Legally binding agreements between two or more (nation) states

What are conventions (definition)

Legally binding agreements between states sponsored by international organizations

What are the Personalities of International Law

Nation States

International Organization

Individuals

What is a (nation) state (definition)

A political entity with a territory, a population, a government

(Nation) state

What is an independent state (definition)

A state free from political control

(Nation) state

What is a dependent state (definition)

A state where some aspects are politically controlled with another state

From whom are independent states typically formally recognized by

International community

What are the two types of Recognition of States

Declaratory doctrine

Constitutive doctrine

Recognition of States

What is the Declaratory doctrine (definition)

Legal existence of a state happens automatically by operation of law

Recognition of States

What is the Constitutive doctrine (definition)

Legal existence of a state depends on the recognition by other states

What must (nation) states have

Territorial sovereignty

What are the two types of International Organizations

Public or intergovernmental organizations (IGOs)

Private or nongovernmental organizations (NGOs)

From whom are Public or intergovernmental organizations (IGOs) set up by

UN

From whom are Private or nongovernmental organizations (NGOs) set up by

Private entities

How does International law treat individuals

International law either ignores individuals or treats them as a subject

Treatment of individuals

What is state responsibility (definition)

Liability of a state for the injuries that it causes for foreign persons

Treatment of individuals

What are human rights (definition)

Individuals have basic human rights, in particular the right to assert claims against states