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week 1: nature & structure of ILQuestion 1
a. https://www.bbc.com/news/science-environment-35084374
The event relates to IL because it ensures an international agreement with regard to
climate objectives.
b. environmental law, specifically global warming
Question 2
a. When the issue, for example, crosses the border of the countries.This, we see,
during the ongoing refugee crisis in Europe.
An issue can also become of interest to more than one state when two or more
states are likely to have a colliding interest in the substance of the issue or when the
involved states have agreed in a treaty to turn the issue into one of an international
character.
b. Either due to its content or due to its form.
Question 3
a. National laws are those laws created by a specific nation. In contrast, international
laws are customs or rules that nations agree to be bound to. For example, nations
may enter into a treaty dealing with some environmental concern. That treaty is now
part of international law. Some international laws are created by custom, which
means that nations may not voluntarily ignore them. However, nations that violate
international norms can only be punished by other nations or international
organizations like the United Nations.
There is also a difference between the subjects, IL: mainly states, intergovernmental
organization, multinationals, NGO’s are the primary subjects where in national law
the primary subject is the relation between state and its citizens.
There also are differences between the sources
IL: treaties, customary international law, general principles of law
NL: constitution, jurisprudence
b. Dualist or monist approach:
monism
- International law automatically part of domestic legal order (incorporation)
Dualism
- international law needs to be transformed into domestic law first (transformation)
c. The Netherlands is a moderate monist state, art 93 jo. 94 GW
week 2: sources of PIL
Question 1
A. In What way, under what conditions, can a treaty provision play a role in the formation of
a rule of customary international law
Reflect/Codify existing customary Law
, Crystallize emerging rule of customary law
Generate new customary law
norm creating character
Intended to have a norm-norm-creating effect
State practice in line with what the provision describes
2. According to Artcicle 11 of the 1969 Vienna Convention on the Law of Treaties, there are
different ways by which a State consents to be bound by a treaty. Read the newspaper
articles below and answer the following questions:
What is the difference between Russia’s party status to the Rome Statute and the US’ party
status to the Paris Agreement?
Russians only signed the roman statute (to agree with the text), no ratification (not binding)
USA: there was a ratification and signed > binding
What is the legal consequence of this difference on their intention to withdraw from these
conventions respectively?
Russia had no legal obligations arising from their signature of the Statute. > nothing happens
> art. 18 VCLT Russia demonstrates not wanting to become a member in the near future
and therefore withdraws their signature.
The USA did have legal obligations arising from their signature of the Paris Agreement. He
can by 2020 (after three years +cooling down period > art. 28 Paris Agreement
3. After a treaty has entered into force, how long does it last? Many treaties contain
provisions regulating the their termination, but others do not. Watch the knowledge clip on
the Gabcikovo/Nagymaros on Scalable Learning Platform and answer the question therein.
When a treaty is silent on the issue of withdrawal./termination can s State party withdraw
from this treaty?
VCLT art. 56
week 3: subjects of IL
Can Palestine be considered a state?
There are four prerequisites which need to be met in order for an entity to be a state.
Montevideo convention on Statehood article 1. Four requirements
A state should have a population. There is a big group of people who would call
themselves Palestines. So, you can say that Palestine has a population.
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