100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
International Law Notes (PVL3001F) $9.34
Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of Cape Town (UCT)
  4.  
  5. International Law (PBL3001F)

Class notes

International Law Notes (PVL3001F)
 1 purchase
  • Course
  • International Law (PBL3001F)
  • Institution
  • University Of Cape Town (UCT)

Term 1 & Term 2 notes Includes lecture slides information, things said in class, as well as extensive information from prescribed readings. (Has great notes on the self-study section)

Preview 4 out of 139  pages

Document information

  • May 20, 2023
  • 139
  • 2022/2023
  • Class notes
  • Hannah woolaver
  • All classes

Subjects

  • international law
  • pvl3001f
  • public law
  • international
  • law
  • hannah woolaver
  • study notes
  • uct
  • university of cape town

Written for

  • University of Cape Town (UCT)
  • International Law (PBL3001F)
All documents for this subject (9)

Seller

avatar-seller
lawstudent26359

Reviews received

Content preview

Term 1:
Why do South African lawyers’ study international law?
- Section 39 & 231-233 of the Constitution: thus, part of RSA law & influences RSA
domestic law
- RSA is part of the Global Community of States: State activity is regulated by domestic
& International Law- therefore need to understand how IL operates & applies to RSA


What is International Law?
International law= a set of rules and principles that primarily bind States in their relations
with one another
- General: all 193 states in the world (most IL)
- Regional: certain regions
- Bilateral: only 2 states
- Non-hierarchical
- Based on State consent: no court system with compulsory jurisdiction, no legislature,
no executive, no police to enforce the law


Domestic Law
- Centralised & vertical  enforced from an individual above




International Law
- Horizontal & decentralized  creator & subject= same person

,Sources of International Law:
Article 38(1) Statute of the International Court of Justice:
a. International conventions (treaties)
b. International custom (“customary international law”)
 makes IL distinguishable from other law
c. General principles of law
d. Judicial decisions and teachings of the most highly qualified publicists


- Primary sources have no hierarchy
- 38(1)b  based on State practice/ the way they act
- Subsidiary sources (Article 18(1)d) show evidence of laws and show the content of
the primary sources)


Enforcement of International Law:
1. State Responsibility= when state breaches IL they are liable to the victim State
 Civil law claims
 State vs State
E.g. There is a treaty between RSA & Zim. If RSA breaks the treaty they can be held
accountable for State Responsibility. If the breaking of this treaty impacts me as an
individuals, I cannot claim State Responsibility against RSA. Needs to be S v S claim.




2. Courts
- International Courts (Main one is in the Hague- judicial organ of the UN)
• Jurisdiction: if all the States involved have consented to the court’s
jurisdiction.
E.g. If RSA & Zim consented to the international court hearing the
case. No compulsory jurisdiction

, • Precedent: No formal system of precedent. The jurisdiction is based
on consent, thus the decision of the International court binds only
those parties.
- Foreign Domestic Courts can hear State dispute but in most cases states are immune
to these courts, unless they consent
E.g. RSA & Zim- the RSA HC would not hear a case relating to Zim. Zim is immune to
the domestic courts of RSA unless Zim consents.


3. Remedies
- Civil law remedies: compensation; restitution; apologies (successful state
responsibility)
- Non-forcible counter-measures (e.g. states can apply economic sanctions such as
imposing a trade embargo)
- UN Security Council sanctions (Security Council has special powers under the charter
of the UN)
 Use of force can be authorised by the Security Council
- Use of force by a state w/out Security Council: Historically yes but no longer the case




International organisations:
International organisations act as fora where IL is created, discussed & enforced.

- The United Nations:
 Only global (practically only one where all states are part of)
 Security Council; General Assembly; International Court of Justice;
Secretariat; Committees
- Regional organisations
 WTO
 SADC (Southern African Development Community)
 African Union
 European Union
- Judicial organisations
 ICJ

,  ICC
 African Court of Justice
 European Court of Justice
- Expert bodies: interpreting and enforcing specific treaties
 ILC: provides a venue for legal experts to discuss codification and
development of law
 Treaty bodies (e.g. UN Human Rights Committee)




Sources of International law:
Treaties
Treaty=Charter=Conventions=Protocols (all the same for a treaty)


Treaty= contracts between states where they agree to follow rules that is set out in the
treaty itself.
- Articles: different parts of a treaty
- Section: different parts of domestic legislation


Vienna Convention on the Law of Treaties 1969 (VCLT): ‘treaty on treaties’ (treaty that is
recognised the basic rules on the law of treaties)
- Art. 2 Vienna Convention on the Law of Treaties:
treaty= an international agreement concluded between States in written form and
governed by international law, whether embodied in a single instrument or in two or
more related instruments and whatever its particular designation.”
o Treaties can be between different bodies (e.g. State & International
organisation)
o Can be on any topic (WTO, environmental, outer space)


States are only bound if they sign up for the treaty:
- Bilateral: 2 states (e.g. between RSA & Zim)
- Multilateral: Group of States (African Union)
- Universal: small number (e.g. United Nations Charter)

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller lawstudent26359. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $9.34. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

64670 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 15 years now

Start selling

Recently viewed by you

Exam (elaborations) ·

(0)

Nursing MN 568 (Verified feedback)

Other ·

(19)

'Othello' character profiles

Book review ·

(0)

Filmverslag Der Untergang.

Summary ·

(0)

Samenvatting - Microbiologie

Summary ·

(0)

Constructie 3A: hoofdstuk 2

Exam (elaborations) ·

(0)

EED2601 Assignment 3 2023 (386989)

Package deal ·

(0)

bundel geheel semester 1

Summary ·

(0)

Samenvatting MVO 2021-2022

Essay ·

(0)

Community assessment paper

$9.34  1x  sold
  • (0)
Add to cart
Added