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Summary Class Notes - International Law

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The following document includes hand-written notes of International Law. It talks about a basic introduction of this type of law, its various types and sources. Public international law, Private International Law, Treaties, Customs and International court of justice statutes.

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  • September 7, 2024
  • 12
  • 2023/2024
  • Summary
  • Secondary school
  • 1
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6. INTERNATIONAL LAW
·
HISTORY :


First coined Bentham in
by English Philosopher Jeremy
-
>




1780 .




Father of International
>
-
Founding moder Law was


Hugo Grotius -




>
-
in his book -
On the law of Wal & Peace he

emphasised on
"freedom of the high seas" that

gained acceptance amongst Northern European
.
powers
>
-
Origin can be traud to cooperative agreements blu
ancient Middle East
people in .


-
> The structure however was mapped out during the

European Renaissance
.




· INTERNATIONAL LAW IN COMPARISON TO DOMESTIC LAW :

~ LEGISLATURE D
-
UNGA-190 countries ,
it appears
Like a
legislature from outside but has no
power
to issue
binding laws
.

If resolutions passed are
merely recom-

mendations - EXCEPTIONS : -



1) Determine UN Budget
2) Admitting new members
to ICJ
3) Electing new
judges .




>
- ARY ED ICJ also doesn't have absolute Juris-
diction .

, - EXECUTIVE
use
D . No international police force or

·
system of law enforcement

No supreme executive
·
authority
) UNSC authorize use of force in
may
=



certain cases but this maybe vetoed
by the 5 permanent members
.




-
>
International Law is weak as compared to

Municipal law
.


International decentralized
>
- law
functions in a


manner
.




QUESTION OF TRUE LAW R
?
Oppenheim's view : InternationalLaw is a true law
.


Austin's view : International Law is not a true law
.




· INTERNATIONAL LAW
G INTERNATIONAL RELATIONS :

1)
To not be
viewed-rely countries
, generally
conform to relevant rules & principles
.



2) If
they breach ,
other countries also breach the
.
treaty
loses credibility & relations
Country
3) hampers
with other countries
.

Law creates value of
4) Following International

certainty , predictability of common purpose
Sense .


5) Globalization in 1980's has resulted in in
international
5 regional organizations calling
for an increased need of International Law .

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