Definition,Functions and Features of IL

the system of law that regulates relations between subjects of international law on the international plane. it addreses global issues and enables coexistence and cooperation

What is International Law?

delineates the jurisdiction/powers of subjects of IL,regulating coexistence,enabling cooperation

Functions of International Law

territorial jurisdiction,temporal jurisdiction,material jurisdiction

delineates the jurisdiction/powers of subjects of IL

a state can make the rules within its territory,not outside. another state cannot interfere with the legal system of another country

territorial jurisdiction

determines when an entity becomes a state and how new state emerge

temporal jurisdiction

authority over subject matter-what an organization is allowed to deal with

material jurisdiction

dispute settlements&conflict prevention,use of force&armed conflict,state responsibility

regulating coexistence in IL

horizontal legal system,no central legislator,no central judiciary,dependence on national legal system,fragmented legal system

5 features of IL

treaties,customary IL,general principles of law,subsidary means

Traditional sources of IL

decisions of international law,unilateral act of states,soft law

other sources of IL

a written international agreement between two or more international subjects with treaty-making capacity, governed by international law

treaties

diplomatic lobbying,negotiations,adoption,signing,approval in parliament,ratification,entry into force

conclusion of a treaty

agreements must be kept

pacta sunt servanda

customary international law

“The way things always have been done becomes the way things must be done”

followed as a general practice among the states(objective element)
accepted by those states as legally binding(subjective element-opino juris)
→binds all states,unless a state persistently objects

particular way of behaving of customary international law

the fact that treaties must be ratified,no ownership of outer space,prohibition of use of force

examples of international customary law

comprise those:

derived from national legal systems
formed within the internation legal system

general principles of IL

good faith,estoppel,pacta sunt servanda,equity

examples of general principle law

• a special category of customary law or general principles of law

• accepted and recognized by the international community of state as a norm which no derogation is permitted

• reflect&protect fundamental values of the international community are hirarchically superior to other rules of IL and are universally applicable

jus cogens-peremptory norms of IL

prohibition of genocide, prohibition of torture, prohibition of death penalty of juvenile offenders

examples of jus cogens

not actual law themselves, but explain what the law is and how should it be interpreted and applied

subsidiary means of dermination of the law

be considered a source of international law, the organization's founding treaty must explicitly state that the organization's decisions are binding on its members

However, even when decisions are not strictly binding, they can still contribute to the formation of customary law or serve as a form of soft law

decisions of international organization

a single state’s action or statement can create legal obligations, even without an agreement with other states

unilateral acts of states

intention to be bound,publicity/notoriety,clarity

conditions for legal effects (unilateral acts)

• not technically ‘law’

• non-binding rules, declarations, guidelines

• express preferences, not obligations

• political and practical influence: pave the way to future adoption of binding treaty rules/contribute to the formation of customary law

soft law