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
summary all materials for PRINCIPLES AND FOUNDATIONS OF INTERNATIONAL LAW $6.18
Add to cart
Quickly navigate to
Preview
  2.  
  3. Universiteit Van Amsterdam (UvA)
  4.  
  5. Principles and foundations of international law (3554PRFIVY)

Summary

summary all materials for PRINCIPLES AND FOUNDATIONS OF INTERNATIONAL LAW
 4 purchases
  • Module
  • Principles and foundations of international law (3554PRFIVY)
  • Institution
  • Universiteit Van Amsterdam (UvA)

summary all materials for PRINCIPLES AND FOUNDATIONS OF INTERNATIONAL LAW giving in the master's degree (LL.M) at the University of Amsterdam (UvA) International and European Law

Preview 4 out of 38  pages

Document information

  • September 27, 2024
  • 38
  • 2024/2025
  • Summary

Subjects

  • international law
  • immunity
  • vclt
  • states
  • treaties
  • jurisdiction
  • use of force
  • responsibility
  • legal orders
  • international organization

Written for

  • Universiteit van Amsterdam (UvA)
  • international and European law
  • Principles and foundations of international law (3554PRFIVY)
All documents for this subject (1)

Seller

avatar-seller
bettemaxim

Reviews received

Content preview

Principles and Foundations of International Law Summary
Week 1: System and Sources, and the History of IL.
International Law:
Difficult explaining the sources of international law  derives from the consent of states.
a. Formal sources = methods for law-creation which are legally binding on their
addressees and of general application.
o Binding due to the consent of the addressee to them.
b. Material sources = not legally binding sources (soft law).
o Provide evidence that sheds a light on the existence of a legally binding rule.

Starting point is article 38 ICJ: sources to be applied by the ICJ = lex arbitri.
a. Customary international law.
Emerges through the accretion of social practices of individual actors which
crystallize, often over a long period of time.
o General practice  usages.
 Short period of time is not necessarily a bar to the formation (North
Sea Continental Shelf).
o Opinio juris  acceptance of law.
 Abstention based on a state being conscious of a duty to abstain
(Lotus).
 Resolutions of the General Assembly (Nicaragua).
 Unilateral acts of states (Nuclear Tests).
 Reliance of a state on an exception confirms the custom.
 Non-binding on those who object.
 Persistent objection = not bound from the beginning.
 Subsequent objection = only bound to the old rule.
b. Treaties.
Formal instrument which binds states (art. 2(1) VCLT).
o Creates law only between the states which are parties to it.
 Does influence how other sources of international law develop  can
bind third parties too.
 Cannot change an existing customary rule into positive law.
o Even though it is not formally a lawmaking organ, resolutions of the Security
Council are formally binding upon states.
c. General principles of law recognized by civilized nations.
In order to bridge the gap when there were no applicable treaties or customs.
o Identification of a principle common to a representative majority of national
legal systems.
 Implies a comparative approach.
 Requires a careful transposition of norm compatible with international
law and the obligations contained in it.
o Identify if the principle is appliable in international law.
d. Subsidiary means.

, Those can be referred to as material sources of international law.
Between these rules there is not necessarily a hierarchy of norms  difficulties discerning
which norms of rules might have a peremptory character.
International law is a consent-based system with
no centralized law making authority.

However, there are norms of jus cogens = hierarchically superior status.
a. Natural law = inherent to the human kind.
o Will always be static.
b. Jus cogens = rules that are (i) non-derogable in all circumstances; (ii) applicable to all
states; (iii) accepted and recognized as peremptory by international community of
states as a whole.
o Feature of general customary law.
 Based on common values of all nations.
 Can be changed by new rules of jus cogens.
o Treaties are void if they conflict with such rules of law (art. 53 VCLT).
Obligations erga omnes are rules owed to all.
All peremptory rules give rise to obligations erga
omnes  the reserve is not true.
Jus cogens rules have a certain scope:
- Non-derogable and nullity of treaties.
If a provision is in violation of jus cogens  treaty as a whole will be void of all legal
effect from the outset.
o States cannot, through mutual consent, derogate form a peremptory norm.
o No defenses can be invoked for a breach of such norm.
- Universal scope of application.
Jus cogens is universally applicable as a rule of general international law.
o Ratification is not required.
o Objection is not possible (compare to customary rules).
- Non-recognition.
States must cooperate to bring an end a serious breach of jus cogens.
o Rules of state immunity continue to apply.

Rules of jus cogens:
i. Prohibition on aggression or aggressive force.
Small forcible incursions do not meet the threshold (Nicaragua).
ii. Prohibition of genocide (Congo).
Intention to destroy in whole or in part a national, ethical, racial or religious group.
iii. Prohibition of slavery.
iv. Prohibition of apartheid and racial discrimination.
v. Prohibition of crimes against humanity.
Committed on a widespread and systematic scale against any civilian population.
vi. Prohibition of torture.

, vii. The right to self-determination.
Is International Law International:
International law governs relations between states and aspires to be universal applicable.
 Reflects national and regional biases.
How international law is constructed and contested across different contexts:
a. Difference.
o There are national and regional variations.
o International lawyers are not a homogenous group.
 Influenced by legal traditions; educational systems; language;
geopolitical contexts.
i.e., Chinese lawyers may prioritize sovereignty over human rights.
 Shape their understanding of international law.
o Fragmentation withing international law.
 International law is an amalgamation of partially overlapping subfields.
 Thematic: human rights vs. trade law.
 Geographical: own legal doctrines and interpretations.
o Echo chambers and siloed debates.
 Lawyers operate within national or regional echo chambers where they
engage with like-minded peers.
 Reinforces national perspectives.
b. Dominance.
Western and Anglo-American hegemony.
o Language as a tool of dominance.
 Disadvantages those form non-English or French speaking regions.
o Globalized localism.
 National (Western) approaches to law are exported and adopted as the
international standard.
 Global spread of Western legal norms  at expense of non-Western
ones.
o Impact on international institutions.
 At the ICJ and at arbitral institutions Western trained lawyers and legal
precedents play a leading role.
 Skews the interpretation of international law in favor of the
west.
c. Disruption.
Dominance of western international law will be challenged by the rise of non-western
powers because = shifting geopolitical power (South China Arbitration (2016)).
o Technological and political changes.
o Broader trends toward nationalism and protectionism.

Different views on international law can be demonstrated by looking at the international legal
communities in the five permanent members of the UN Security Council:
a. China.

, International law is characterized by an emphasis on stat sovereignty and non-
interference.
 Reflects historical experiences and current geopolitical concerns.
b. France.
Has a civil law tradition.
 Influence of Napoleonic Code on codification of international law.
 Influence has been overshadowed by Anglo-American dominance.
c. Russia.
Heavy emphasis on sovereignty and primacy of state interests.
d. UK / US.
Shaping international legal order through promotion of common law principles and the
use of the English language.
 Challenged by rise of other powers and internal challenges (protectionism).

The Theory and Reality of the Sources of International Law:
Most of international law is focused on primary rules.
Rules that set out rights and obligations of states
and other international actors.
Also has to have secondary rules that establish the sources of international law.
Rules that are applied to determine the existence
and content of the primary rules.
How and when primary rules are formed, whom
they bind, and how they can be changed.

Sources of international law (art. 38 ICJ):
Sets out the sources that the court is to apply when deciding disputes before it.
i. Treaties.
International agreement concluded between states governed by international law.
a. Binding only to the parties  reflect customary international law (non-parties
may be bound to the same substantive obligation (Nicaragua)).
b. Can set aside customary international law.
ii. Custom.
Considered to be made up of two elements:
a. State practice.
General and practice by states.
 No set rules on consistency, generality, or duration of practice required.
 Settled practice to be widespread.
o Not every single state needs to follow the practice.
 Problem if there’s divergence between what states say and what they do
(Nicaragua)  attitude rather to conform the rule.
 Problem when an issue is new and little practice has had time to accrue
(North Sea Continental Shelf)  extensive and virtually uniform.
 Can be the case where treaties are widely adopted and where states are
specially affected (Legality of the Threat or Use of Nuclear Weapons).

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 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 bettemaxim. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $6.18. 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 revision notes and other study material for 15 years now

Start selling

Recently viewed by you

Lecture notes ·

(2)

Samenvatting Religiegeschiedenis secundaire literatuur - werkcolleges

Exam (elaborations) ·

(0)

GOVT 2305 Government 2305 Collin College - Questions with complete solution

Package deal ·

(0)

Florida Notary Exam 2024/2025 Latest Questions Update Answered 100%

Package deal ·

(0)

Alle Hoorcolleges en de 3 essays voor vak Preventie & Bestraffing

Exam (elaborations) ·

(0)

Maternity & Newborn Chapter 14: Nursing Management During Labor and Birth

Flashcards ·

(0)

De meest voorkomende doseringscodes op Pharmacom Partners 2024

Package deal ·

(0)

Bundle For Audiology Praxis Exam with Revised Answers All Correct

Package deal ·

(0)

Arbeidsrecht samenvatting + vragen met antwoorden over tentamenstof.

Exam (elaborations) ·

(0)

Boating Test- DNR final questions and answers with complete solution

$6.18  4x  sold
  • (0)
Add to cart
Added