International Law

What are the two types of international law?

Public (states and orgs) and private (cross border disputes)

Who are the main actors in international law?

sovereign states, international orgs, the Holy See and individuals who are rights holders

Does international law have a central authority?

not really

Is international law really a law?

there are debates, it is generally seen as a law but hard to enforce

When did modern international law start?

15-17th centuries with the rise of sovereign states in Europe

What does the Vienna Convention say about treaties?

Pacta sunt servanda; they must be respected

What is the difference between dualism and monism?

international/domestic law are separate vs. one legal order

What defined state territory in international law?

land within borders and air space up to 100 km

How is the sea divided in international law?

12 nm is territorial, 200 nm is resource rights, and the High Seas are free use

What are the key points about citizens and refugees?

statelessness is rare and prevented and refugees are protected by the Geneva Convention

What is self-determination?

rights of people to form states, important for decolonization

What are the main sources of international law?

treaties, customary law, General principles, lus cogens norms, judicial decisions, and legal scholars’ writing

What are lus cogens norms?

norms that no states can override (genocide)

What are the 3 steps for an international agreement to become binding?

adoption (agreement), signing (intent), and ratification (official approval)

What are reservations in treaties?

conditional acceptance of treaty parts

What are denunciations in treaties?

formal withdraw from a treaty

Who enforces international law?

states act as players and referees

How can states respond to violations of international law?

sanctions, military action, and diplomatic retaliation

When is use of force legal under international law?

self defense of approval of UN security council

What is the UN security council?

5 permanent members and 10 rotating

Can states be forced to accept court jurisdiction?

they must consent

Can individuals refuse ICC jurisdication?

not if it has jurisdiction over them

What cases does the ICJ handle?

UN’s main court, only state disputes

What cases does the ICC handle?

war crimes, genocide, crimes against humanity; mainly tries leaders

What is the role of the CJEU?

interprets EU laws

What does the ECHR do?

protects human rights, part of the Council of Europe

What is soft law?

non-binding but influential

What is hard law?

legally binding law through enforcement

Who are legal subjects in international law?

states (main)

What are the 2 theories of state recognition?

declaratory and constitutive (others)

What is citizenship in international law?

legal bond between person and state with rights and duties

How is international law different from domestic law?

it lacks hierarchy and central enforcement,