International Law Outline
I. INTERNATIONAL LAW AND LAW MAKING
Overview:
Fundamental sources of International Law: 1) Treaty
2) Customary International Law
3) “Soft” law – non-treaty norms
In instances of dispute, take dispute to ICJ (Int’l Court of Justice). ICJ will examine the following sources of International Law according to Article 38.
Article 38
1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:
a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.
In all disputes, look at the procedures used. The players (state or no-state actors). What’s the law? Proper forum – ICJ or domestic court or some other International Tribunal?
United Nations Charter is the end-all:
Article 103 of UN Charter:
In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.
Making of Law:
Treaty-Making:
Why do states enter into treaties? Stability, mutual benefit, help nations make credible commitments, treaty marks the seriousness of the commitment, raises cost of non-compliance, raises credibility w/ private actors.
Again, look at law being applied in disputes via ICJ. Treaty, Customary, and Soft Law main sources of law to resolve disputes. In re: Treaty-making and interpretation issues, THE source is the Vienna Convention on the Law of Treaties. Relevant Provisions provided below: Treaty-making akin to contract making, with breach provisions, methods to enforce.
which they are accredited;
(c) representatives accredited by States to an international conference or to an international organization or one of its organs, for the purpose of adopting the text of a treaty in that conference, organization or organ.
APPLICATION OF TREATIES
Article 28
Non-retroactivity of treaties
Unless a different intention appears from the treaty or is otherwise established, its provisions do not bind a party in relation to any act or fact which took place or any situation which ceased to exist before the date of the entry into force of the treaty with respect to that party.
Article 29
Territorial scope of treaties
Unless a different intention appears from the treaty or is otherwise established, a treaty is binding upon each party in respect of its entire territory.
Article 30
Application of successive treaties relating to the same subject-matter
