Summary: Introduction To International And European Law

Read the summary and the most important questions on Introduction to International and European law

• Week 1. International states.

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• What is the difference between International law and public international law?

  International law includes the rights and duties of individuals that are relevant to the international community public international law not.

• Vienna Convention Art. 2 (1)(c)

  "Full powers": A document produces as evidence that the person named in it is authorized to represent his state in performaing certain acts in relation to the conclusion of a treaty, in particular its signature

• States can make reservations, unless:

  - the reservationsis prohibited by the treaty;
  - the treaty provides that only specified reservations, which do not include the reservation in question, may be made;
  - in cases not failing under subparagraphs (a) and (b), the reservation is incompatible with the object and purpose of the treaty.

• Case: 1986: Nicarague v. United States

  For a customary rule to come into force, it is not necessary to have complete consistency in state practice in respect of the rule (general). Inconsistent state practice does not affect the formation of existence of customary priciple so long as the inc as the inconsistency is justified as a breach of the rule.

• Opinio iuris sive nescessitas (subjective requirement)

  A general recognition by states that the practice is settled enough to amount to an obligation binding on states in international law.
  - states need to feel a legal obligation, not a political incentive. For instance: the head of a state going to the funeral of the head of another state is state practice, but there is no opinio iuris.
  - there is, in other words, a difference between a (well-established) custom and customary law.

• another exception for custom law:

  
  the local or special customary law: when a state has already a practice. 
  
  case 1950: the Colombian government must prove that the existing rule is in accordance with a constant and uniform usage practiced by the states. if this is the case, then they can apply their own practice.
  case 1960: the court sees no reason why long continued practice between two states accepted by them as regulating their relations should not form the basis of mutual rights and obligations...

• General principles of law (primary source)

  Legal principles existing in national legal systems that are so generally recognized that their existence under international law must be assumed, because international law is underdeveloped comped to domestic law, international courts and tribunal have borrowed general principles that occur in the domestic law of all or many individual nations - for example: the principle of good faith.

• Jus cognes (preemptory law)(primary source)

  A principle of international law that is bases on values taken to be fundamental to the international community and that cannot be set aside. Jus cognes is the exception to the rule of consent to be bound. (genocide, slavery, torture, crimes against humanity, aggression and the use of force)

• Decision by international organizations (secondary source)

  International organizations can adopt decisions that directly affect the legal position of individuals. This practice is not at odds with the at odds with the principle of consent to be bound, because member states of the international organizations can exert influence over such decisions. (for instance they can vote)

• Unilateral legal action (secondary source)

  A legal action directed at the international community by one state. No other state is obliged to 'accept' this action, but it can still count as international law. A good example is that of a state vowing to never use nuclear weapons ever again. No other states must accept that, but other states can hold the state making the vow to account afterwards.