European Public Law & Public Intern. Law (840026B6)
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Legal Sources - Public International Law
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Course
European Public Law & Public Intern. Law (840026B6)
Institution
Tilburg University (UVT)
Book
International Law 2nd Edition
This is a summary of all important legislative articles for the 'Public International Law' section for this course. The document is divided by topic (lectures). The most important articles are mentioned and explained so you can use it on the exam. This way the exam runs more smoothly, because you d...
Samenvatting International law (620228-B-6) - Book: International Law 2nd Edition, ISBN: 9781316506608 International law
Learning objectives problem 4 PIL
International Law, Jan Klabbers - Second Edition
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Tilburg University (UVT)
Liberal Arts And Sciences
European Public Law & Public Intern. Law (840026B6)
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Midterm Public International Law (Legal Sources)
STATES
Montevideo Convention 1934
= customary international law
4 requirements to be considered a state (art. 1);
1. Population
2. Territory
3. Government
4. Relationship with other states
Motherstate agreeing is crucial
Need quite some recognition (threshold) & certain states matter more (neighboring or UN states)
Self-determination
TREATIES & reservations
Vienna Convention on the Law of Treaties (1969) VCLT
= customary international law
- Art 2; use of terms, pacta sunt servanda (afspraken moeten worden nagekomen)
- Art 2(1)(d); definition of reservations
- Art 9(2); Adoption of the text of treaty -> 2/3 majority must give consensus
- Art 11; How a state consents to be bound; signature, ratification, etc.
- Art 18; Signatory must not act in a matter that contravenes the ‘object & purpose’ of the
treaty (most of the time found in the preamble)
- Art 19-23; All on reservations
(treaty reservations can be found at the end of treaties)
CEDAW 1979
art. 27(1); comes into force …
OTHER SOURCES
- Ius Cogens
Erga omnes (applies to everyone) norms. Overrides others
- Customary law
General practice
- General principles
Guide on how rules should be interpreted
- Judicial decisions & scholars
Non-binding, but cases can be used as evidence of custom and of treaty interpretation
Treaty, custom, and general principles are equal.
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