Summary: Public International Law

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  • 1 Week 1

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  • What is internal sovereignty?

    One entity has sovereignty and is recognized as the supreme state power
  • What is external sovereignty?

    A state has sovereignty and is not bound by rules of other states or entities
  • Why is external sovereignty of great importance to PIL?

    It entails that states are legally equal and fully competent
  • What is the naturalist theory behind PIL?

    Law comes from a higher power and there are only jus cogens rules
  • What is the positivist theory behind PIL?

    International law can only emerge from the will of state and is based on mutual consent
  • What are the functions of international law?

    1. Creating order in the chaos of international relations
    2. Advocating for international public objectives
    3. Progressive development of law
  • In what respects is international law different from national law?

    1. International law has no vertical and hierarchical legal order
    2. International law has no overarching authority
  • What is a monist system?

    The legal system is a unity, where the national legal order is seen as part of one legal order that includes international law
  • What is a dualist system?

    The international and national legal orders form two strictly separate spheres
  • When can international legal norms have effect in the national legal order in a dualist system?

    When they have been transposed into national law

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