Summary: Inleiding International Law

Read the summary and the most important questions on Inleiding international law

• 1 Who is bound by international law and what is it?

• 1.1 History of international law

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• What is a very important development of international law that took place in Europe in 1648 that identified the beginning of International law?

  A very important development of international law is the 1648 Peace of Westphalia that brought an end to the Thirty years War in Europe. It identified the beginning of International law because of the principles it laid down, such as inviolability of borders and non-interference in the domestic affairs of sovereign states.

• What three important events took place in the 19th century?

  In 1864 Henri Dunant founded the Red Cross, after he was inspired by the battle of Solferino in 1859.
  
  In the same year the Geneva Convention came into being.
  
  In the Saint Petersburg Declaration of 1868 a limit to acceptable warfare was instated. 
  The dum-dum bullet was outlawed. This declaration has inspired two other laws, including 'The Hague Law'(which was the law of military necessity) and the 'Geneva law'(which was about the protection of citizens and treatment of prisoners of war).

• Why is there no good separation of powers in international law?

  There is no good seperation in international law, because states are both legislative and an executive branch. This means that 2 out of 3 powers belong to the states. The third power, the judiciary, takes the form of international courts and tribunals. This does mean that there is not as much control over states as there should be.

• 1.2.1 Treaties (primary source)

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• In what way can two or more states enter into some sort of formal relationship with each other?

  The only way for two or more states  to enter into some sort of formal relationship with each other is through a treaty. The adoption of a treaty, or a convention, is the most direct and formal way for states to create international law. But the basis for a treaty is state consent, which means that only the consenting states are bound by a treaty.

• What is the importance of the Vienna Convention of 1969 for international law?

  The Vienna Convention on the Law of Treaties is the most authoritative set of rules regarding treaties. Even though only slightly more than a hundred states are party of the Vienna Convention, the International Court of Justice accepts practically the entire treaty as customary international law

• What do the important principles 'Lex Specialis' and 'Lex Posterior' that apply to international treaties, mean?

  Lex Specialis is a rule which means that a law governing a specific subjects matter overrules a more general law. 
  
  Lex Posterior is a rule which means that a younger law overrules older law concerning a similar law.

• What is the importance of article 38 ICJ Statute, which is about consent to be bound?

  Consent to be bound refers to the consent of states to be bound to a certain treaty. A state is not bound, if it does not first consent to be bound. States are considered to be equal, and sovereign. Because a state gives up some of its sovereignty when becoming party to a treaty, it must do so willingly. 
  Sometimes consent is irrelevant. States are always bound, regardless of consent, to jus cogens.

• What are the four ways, according to article 11 of the Vienna Convention, in which a state can express its consent to be bound to a treaty?

  - through a signature
  -  Exchange of Instruments constituting a treaty
  - Ratification
  - Accession

• What is the most important statement from the ICJ about the case Qatar v. Bahrain?

  The case of Qatar v. Bahrain was about the question whether exchanged letters can be seen as international agreements, creating rights and obligations for the Parties. 
  They asked this question to the ICJ after the two parties had been trying to figure out who had sovereignty over certain island and shoals. 
  The answer from the ICJ was the following:
  Yes, the exchanged letters can be seen as international agreements, creating rights and obligations for the Parties. The name of a treaty is not important, but the intention is.

• 1.2.2 Customary international law (primary)

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• What is the definition of customary international law?

  
  
  Customary international law “... consists of rules of law derived from the consistent conduct of States acting out of the belief that the law required them to act that way.” 
  The rule of custom is derived from the behavior and practice of states. You can only speak of custom international law when two cumulative requirements are met.