Nature and Sources of International Law - History and nature of International Law - IL Gleider H. The contemporary international legal system

4 important questions on Nature and Sources of International Law - History and nature of International Law - IL Gleider H. The contemporary international legal system

What are the foundational concept of the current international legal order?

Sovereign equality of States
Decentralized authority
The basis of obligation of IL

What does Sovereign equality of States mean?

Sovereign equality is the lynchpin of international law, and embraces two distinct notions, equality and sovereignty. Equality is formal: whatever the population, economic weight, or military power of a State, they enjoy equal footing as international legal subjects. Consequently, States have the same rights and obligations as one another, subject to the limitations that they themselves will accept over their freedom of manoeuvre.

What does decentralized authority mean?

The decentralized nature of international law is its second characteristic feature. With no legislature that stands supreme over States, it therefore remains a horizontal legal order with no superior authority. This means that States must come together to create new legal obligations, such as through treaties or through customary international law.
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The sources of International Law are  twofold. Which two?


  1. Express consent, which is given when States conclude a treaty stipulating certain rules for the future international conduct of the parties;
  2. tacit consent (stilzwijgende toestemming)  that is, implied consent or consent by conduct, which is given through States having adopted the custom of submitting to certain rules of international conduct’. 

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