INTERNATIONAL LAW OUTLINE FROM POWERPOINTS
Jus Generis
Jus Cogins
pacta sunt servanda: treaties must be honored???
Dominus soli est dominus coeli et inferiorum
cases:
anglo Norwegian fisheries:
North Sea
Q: dif b/w belligerents and insurgents
How can there be rec of state but not of the head of state/gov’t?
In notes; sometime it looks like succession will not force a state to remain pty to a treaty; sometimes it does? Does it depend what the treaty regards? Territorial…assumption that the treaty remains in force; obligations: assumption that the obligation does not move onto the new state?
IL water for navigation? What is the point to remember here?
Boundries: Clausula rebus sic stantibus is not applicable to boundary treaties.
Outer space?
Sea: We use low water line…but used maj used to use high water line?
So, do inter-governmental org’s have standing to sue in ICJ; whereas non-gov org’s merely have consultative powers?
ORDER OF SIGNATURE
Ø Jurx: JURX TO ADJUDICATE; restatement ¶421
What is Law:
Signifies a rule of action and is applied indiscriminately
In more confined sense, law denotes the rule, not of actions, but human action/conduct
The analytical questions in jurisprudence are concerned with articulating the axioms, defining the terms, and prescribing the methods that best enable one to view the legal order (or part of it) as a self-consistent system and that maximize awareness of its logical structure.
The sociological questions in jurisprudence are concerned with the actual effects of the law upon the complex of attitudes, behavior, organization, environment, skills, and powers involved in the maintenance of a particular society.
FORMAL DEFINITIONS:
Laws are the rules of conduct fixing the respective powers of men in their mutual relations and binding in the society under the sanction exercised by the authorities
Sir Paul Vinogradoff:
Law may be defined also as a set of rules imposed and enforced by a society with regard to the attribution and exercise of power over persons and things.
Forms of enforcement:
1. Execution: confiscation of property
2. Claim of damages
3. Punishment
4. Nullity of the act
SOCIOLOGICAL DEFINITIONS:
Way of conduct imposed on individuals within the society. Rule the respect of which is considered in a certain moment as guarantee of the common interest and violation of which has for consequence the collective reaction against the author of such violation. (Duguit)
Law is a social imperative expressing the necessity required by the natural solidarity (Scelle)
ROME:
Celse (2nd century):
Jus est ars boni et aequi
(Law is art of good and just)
Ulpien (3rd century):
Juris precepta sunt haec: honeste vivere, alterum non laedere, suum cuique tribuere.
(Precepts of the law are the following: live honestly, not to commit damage to anybody, give to everybody what he merits)
Catholic church
Eternal laws; Natural laws, Human laws (Thomas Aquinas)
Hobbes(1588-1679) :
A law is a rule of conduct imposed and enforced by sovereign.
Need for the authoritative government
Sovereign may be not only monarch, but also a Parliament
Montes
ht
Italian: diritto
Spanish: derecho
Russian, Slavonic: pravo
It may be said that on the one hand all private rights are derived from legal order, while, on the other hand, legal order is in a sense the aggregate of all the rights coordinated by it.
Hart:
H. L. A. Hart (Herbert Lionel Adolphus Hart) (1907-1992) is considered one of the most important legal philosophers of the twentieth century. He is the author of The Concept of Law and was Professor of Jurisprudence at Oxford University. Hart developed a sophisticated theory of legal positivism Hart also made major contributions to political philosphy.
Rawls: The Theory of Justice, 1971
Rawls’ primary objective in A Theory of Justice is to provide a solution to the problem of political obligation or, to put it another way, to explain how it is and under what circumstances citizens are obliged to obey the laws which the state creates. He does this through the device of a hypothetical agreement, made under conditions of equality so that there are no disparities in bargaining power. This hypothetical agreement justifies the coercive use of state power because, guided by it, a state would take a form which all would, under conditions of freedom, consent to. Rawls called this theory Justice as Fairness.
