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Summary CURSUS INTERNATIONAL LAW II
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INTERNATIONAL LAW II– Cédric Van AsscheI. METHODOLOGY IN INTERNATIONAL LAW
1. The general characteristics of national (domestic) law vs. international law
2. The sources of international law
3. The subsidiary means for the determination of norms of international law
4. Equity
5. Soft law
6. Gentlemen’s agreement
7. The principle of equivalence of sources
8. Fundamental distinction between the source of law and the legal norm
9. Principle of separate applicability of norms
10. The absence of a principle of equivalence of the international law
11. The principle of relativity of international law
12. The legal basis with binding character for international norms by state
13. The principle of good faith
14. The importance of legal reasoning
II. LAW OF FRIENDLY RELATIONS
1. Introduction
2. Principle of territorial sovereignty
3. Principle of the prohibition of the threat of the use of armed force
Extra: the exceptions on the prohibition of the threat of the use of force
4. Principle of peaceful settlement of international disputes
5. Principle of non-intervention in the internal affairs of other states
6. Principle of sovereign equality of states
7. Principle of the right of peoples to self-determination
8. Principle of respect for human rights
9. Principle of co-operation
10. Principle of good faith
III. TREATMENT OF FOREINGNERS IN INTERNATIONAL LAW
1. Terminology and examples
2. Right of foreigners to own private property
3. Right of states to own private property
4. Historic controversy about the conditions of legality regarding the exercise of the
right of the State to nationalise and expropriate foreign investment
5. Current international law on the conditions of legality regarding the exercise of the
right of the State to nationalise and expropriate foreign investment
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,IV. TREATY LAW
1. Introduction
2. Definition of treaty (art. 2(1)(a) Vienna Convention
3. Conclusion of treaties
4. Reservations
5. Observance and application of treaties
6. Treaty interpretation
7. Treaties and third states
8. Amendment and modification
9. Invalidity of treaties
10. Characteristics, procedures and consequences of invalidity
11. Termination and suspension of treaties
12. Procedures and consequences of termination or suspension
13. State succession in respect of treaties
V. LAW ON STATE RESPONSIBILITY
1. Introduction
2. State responsibility
3. Consequences of state responsibility in international law
4. Diplomatic protection
5. State responsibility for the environment
VI. SANCTIONS
1. Introduction
2. Typology of sanctions in international law
3. Legality of the sanctions
VII. EXAM
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,I. METHODOLOGY IN INTERNATIONAL LAW
1. The general characteristics of national (domestic) law vs. international law
1.1 National law
Regarding domestic law, we note the uniqueness of the national legal norms. (f.e. One
Belgian law, one Dutch law…) the national law is unique.
In addition, we note the uniqueness of the national power. (f.e. One Belgian parliament, one
Belgian Cour de Cassation…)
Thirdly, we note that the national law is a law of subordination. The national parliament and
government will impose their laws on their subjects, irrespective of their agreement.
We conclude that national law is characterized by unique and subordination characteristics
of its norms. This is different in international law.
1.2 International law
In international law, there is a plurality of international norms. International law does not
contain a unique set of legal norms, applicable to all states and international organisations.
It contains a plurality of bilateral, regional and multilateral legal norms, applicable to some
of them. (f.e. EU countries will be bound by European norms such as ECHR, other states will
not). Each state will be bound by a ‘set’ of international norms and this set will be distinct
from other states. Only some norms are universal. We call this the principle of relativity of
international law.
Secondly, there is a plurality of the powers in international law. All states are equally
sovereign and there exist over 600 international organisations as potential legislative and
executive powers. There is a vast number of international judicial and arbitral bodies (ICJ,
Court of Arbitration…). There are different actors in the international legal order.
Moreover, there exist no international legislative, executive or judicial organ invested with a
general and binding decision-making competence. Even the General Assembly of the United
Nations is no ‘world parliament’. Neither is the Security Council.
This resolves in the fact that the creation, observation, application and interpretation of
international law will be done by the states themselves. The states will create, apply,
observe and interpret international law in first instance. Furthermore, the same is true as
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, regards the enforcement of the international law. International law is, in principle, enforced
by the states themselves.
Thirdly, international law is characterized as a law of juxtaposition, coexistence or
coordination. Contrary to domestic law, which is a law of subordination, is international a
law that is based on the agreements of the states. This is because the principle of sovereign
equality of states applies. States are equally sovereign, meaning that one state cannot
impose its will on another state. Therefore, all states must agree before a norm could bind
them.
This agreement constitutes (1) the legal basis of the binding character of the international
norm. States are at the same time the producers, the subject and the addressees (objects) of
the international norm of law. This agreement also constitutes (2) the legal basis of the
jurisdiction of an international court or tribunal, conform the principle of sovereign equality
of states.
Although, international law is mainly a law of juxtaposition, coexistence or coordination,
supra-international organisations introduce some elements of subordination in the
international law.
We can conclude that the norms of international law are plural and juxtaposed, based on
agreements between equally sovereign states.
2. The sources of international law
International law counts six sources:
1. Treaties
2. Customary international law
3. General principles of international law
4. Unilateral acts of states
5. Decisions of international organisations
6. The solo consenso agreement
2.1 Treaties
Treaties can be defined as international agreements, concluded between states and/or
international organisations in written form and governed by international law.
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