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Summary International European Law - Mieke Verheyde
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Summary International European Law -> CHAPTER 1: International Law -> CHAPTER 2: Actors in the International EU Law -> ... -> CHAPTER 8: EU law
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International and European law:Chapter 1 International law
The system of law that regulates the interrelationships of sovereign states and other
actors, and their rights and duties with regard to one another.
It deals with legal issues of concern to more than one state; e.g. environment, terrorism,
trade rules, economy, refugees, human rights, war, division of power between states,
international crimes …
states make agreements about all these things.
= International public law (not international private law).
Not the same as domestic law (internal law, e.g. Belgian law) or EU-law (supranational
law).
1.2. Role of international law:
- To ensure the co-existence of countries, to divide the power amongst states.
- To regulate interactions between states, disputes, not respecting human rights,
invasions…
- To ensure that states can cooperate within international organisations
1.3. Features:
- Horizontal legal system: all states are equal, sovereign under international law.
- There is no global legislature (world parliament, world police, world court…).
There is however a general assembly within the United Nations, but this isn’t a
real parliament because what is voted to is never binding.
- There is no world court, however, there is the ICJ (International Court of Justice)
but this doesn’t have compulsory jurisdiction (a country can disagree to its
authority)
- International law depends a lot on domestic law in terms of its implementation
- International law is very broad
- International law is largely influenced by international politics.
1.4. Quiz:
- Antonio Guterres (Portugal) is the Secretary-General of the United nations.
- United nations were created in 1945. The Universal Declaration for the Human
Rights was signed in 1948.
- International organisation is an organisation of states that work together.
- International court of Justice is in Den Haag.
- ICC= International Criminal Court.
- European Court of Justice is in Luxemburg.
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,Chapter 2 Actors in the international legal system:
Those to whom the international legal system gives the capacity to have rights and
obligations.
an entity who has legal personality in the international legal system can do the
following things:
- Sign treaties
- Has rights under international law
- Has duties under international law
- Can bring claims in respect of breaches of international law (E.g. bring a case
before the International court of justice)
- Can be held responsible for breaching international law (E.g. before the ICC).
1. Video:
Main actors in international law?
The states
Other actors mentioned?
NGO’s, international organisations, regimes…
International organisations: established by states
NGO’s: established by non-governments have no legal personality under IL.
2. States (main actors):
Requires three elements:
1) It needs to have a territory (an area over which the state has effective, legal and
exclusive competences). It must be sufficiently determinable, boundaries shouldn’t
be completely defined. It doesn’t matter how big the territory is.
2) It needs to have a permanent population (someone has made the territory their
home) this must be permanent, there is no minimum amount and there can be
different ethnic groups in a state. Foreigners can be treated differently than
inhabitants of the state
3) A government
internal dimension: the government runs the internal affairs (all state powers are
in place: legislative, executive and judicial).
external dimension: the government is able to enter into international relations
with other states.
All states are sovereign entities and have equal rights.
3. Creation of a state:
- Decolonisation (in the 60s) due to the right of self-determination. People have the
right to choose different systems for their own country without interference of
other countries.
- Dissolution of states: one state falls apart in 2 or more new states of which none
takes the identity of the original state.
- Unification: 2 or more states form a new state and cease to exist, sometimes one
state is absorbed by another state.
2
, - Secession: A state secedes (withdraws) from the mother state. If this happens
with consent of the mother state, it’s legal. This happens mostly via treaties. If it
happens without consent, it’s illegal (breach of the principle of territorial
integrity).
Not allowed: the conquest of states (by violence), this was allowed in the past.
4. When do new states emerge?
Three constituent elements (territory, permanent population and government) of
statehood are in place and some other elements need to be taken into consideration:
1) The creation of the new state must be legal. A new state can’t be created in a way
that breached international law.
2) The right to self-determination. The right to install the political system that you wish.
The right of a people (e.g. Kurds, Catalans…), not of the state. E.g. for Flanders:
autonomy regarding language, education, economy…
International law doesn’t have a problem with internal self-determination
(autonomy for different regions within a country), For external self-determination
(secession) there are some rules in international law, e.g. when a people is oppressed
(but no concrete consensus). There is only consensus for colonised countries.
3) The recognition by other states, this is a political act whereby a state acknowledges
the status of a new state as a member of the international community. This can be
individual or collective (E.g. the EU). Can be explicitly or implicitly.
International organisation (group work): OECD (Organisation for Economic Co-operation
and Development)
see PowerPoint slides for information that has to be known for the exam?
- When and how established?
The organisation began in 1947 as a European organisation (OEES) to help with the
Marshall plan to rebuild Europe after the Second World War. Following the
1957 Rome Treaties to launch the European Economic Community, the Convention
on the Organisation for Economic Co-operation and Development was drawn up to
reform the OEEC. Now, also non-European countries could join as well. The
Convention was signed in December 1960 and the OECD officially superseded the
OEEC in September 1961.
- Why established (common goal to reach?)
To stimulate economic progress and world trade.
Provides a platform for the governments of member nations to find solutions to
universal problems, organize policies (domestic as well as international) and compare
policy experiences. Monitors economic trends relating to trade, technology,
environment, taxation and agriculture. It also forecasts economic development. It
also conducts in-depth analysis to collect accurate data and statistics regarding social
and economic growth. Publishes its economic statistics and other intellectual findings
both online and offline. The published data is used by government officials, students
and researchers through OLIS, Source OECD and OECD Online Bookshop as well as its
library. The OECD also gives advice to countries about different kinds of themes, such
as economy, education…
- Who are the members?
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