Summary: Werkcollege International And European Law
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Read the summary and the most important questions on Werkcollege International and European Law
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1 Understanding International law
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1.1 Ancient Greeks 1100 BC - 146 AD
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Which two institutions did the Greek adopt from oriental civilizations?
1. The technique of treaties
2. The art of Diplomacy -
Which two ingredients of their own did the Greek add?
1. International arbitration
2. Proxency (state hospitality) -
1.2 The late middle ages 15th and 16th century
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Which levels of international rights and duties where there in the late middle ages?
1. Allegiances of knights/merchants
2. Universal political and religious forces of the Holy Roman Empire and the Catholic Church -
What is Jus gentium?
The law of nations -
What is Jus natural? And where does it focus on?
Natural law that derived from all embracing principles and prevailes over Jus gentium.
Jus natural focusses on the individual and his relationship with the world. It applies to everyone. -
Which two sets of international law developed in the late middle ages to deal with problems that transcend national boundaries?
1. Lex Mercatoria
2. Maritime customary international law -
1.3 The 17th and 18th century
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What where the new developements in the 17th and 18th century concerning International Law?
1. The basics of modern international law
2. There became a more clear distinction between jus natural and jus gentium
3. Jus gentium formed the foundation on which International law was built -
1.4 The Peace of Westphalia
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Which Peace and Treaties did the Peace of Westphalia consisted?
1. The Peace of Munster
2. The Treaty of Munster
3. The Treaty of Osnabruck -
What was the goal of the Peace of Westphalia and how did it achieve that goal?
The goal was to create order and structure in the disorderly European world.
They reached this goal by reducing the powers of the Holy Roman Empire and the Catholic Church and creating sovereign states instead. -
1.5 The 19th century
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What does the theory of positivism in the 19th century claim?
That the only true source of law is state will
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Topics related to Summary: Werkcollege International And European Law
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Understanding International law - The interwar period
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Understanding International law - After WWII
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International legal personality and States - International Organizations
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Sources of International law - customary international law overview of sources
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International treaties and reservations - Reservations
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International treaties and reservations - History of successive organizations that foster European Integration
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Jurisdiction - State Responsibility
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Jurisdiction - Requirement for an international wrongful act
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International law of the Sea
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Dispute Settlement - The use of force
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Dispute Settlement - The right to Self-defense
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EU institutions - Institutions
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EU legislative procedures - Ordinary legislative procedures
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EU judicial protection - Infringement proceedings against Member States: articles 258-260 TFEU
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EU judicial protection - Pre-litigation procedures for article 258 TFEU
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EU judicial protection - Consequences of the infringement procedures under article 258 or 259 TFEU
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EU judicial protection - Features of article 260 TFEU procedure
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EU judicial protection - The nature of EU acts open to challenge under article 263 TFEU
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EU judicial protection - Action for failure to act: article 265 TFEU
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Direct effect and Supremacy - Direct effect
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Fundamental rights - Central issues
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Secession - ICJ Kosovo case
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Secession - State succession