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Summary Creation and Application of International Law
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Creation and Application of International LawStudy online at https://quizlet.com/_azdtra
1. Define Interna- 'The central core of international law may be described
tional Law: as the body of rules and principles that determine the
rights and duties of States primarily in respect of their
dealings with other States and the citizens of other States.'
- Vaughan Lowe, International Law, Ch 1.
2. Types of interna- - Unilateral (undertaken by 1 state)
tional interven- - Bilateral (undertaken by 2 states)
tion: - Multilateral (undertaken by multiple states)
3. Sources of Inter- Art 38 of Statute of International Court of Justice (ICJ):
national Law 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.
4. Types of inter- Treaties, conventions, chapters
national agree-
ments:
5. Nature of Inter- - Customary international law is default by position
national Conven- - State is free to vary arrangement by agreement
tions - States bound by treaty undertakings (pacta sunt servan-
da) art.26 VCLT
6. Define pancta 'Agreements must be kept'
sunt servanda
7. Making Interna- - All States can make/enter conventions, art. 6 VCLT
tional Conven- - Practically entered by govn officers with legal compe-
tions tence
- Drafting conferences (debate between states, NGOs,
etc) or summit
- Once wording is agreed, signed by delegations to au-
thenticate: entry into force dependss on convention word-
ing; usually ratification is required
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