Week 1
Werkgroep
Opdracht 1
Find a piece of news about an event that happened in the past
weeks/months/years which you think relates to international law.
Explain:
https://www.rtlnieuws.nl/editienl/artikel/5282212/meerdere-
coronabesmettingen-corona-herbesmetting-vier-keer-sanquin Covid - 20
januari 2022
o - Why you think the event relates to international law?
It is about Covid, how a girl got it 4 times in just 9 months’ time. This news
is relevant to international law, because the Covid-virus was a virus all
over the world. Every country in the world knew about it and because of
the virus states had to work together. States made agreements about the
air travel between the states. For example, there was a time where we
could not take a plan to several countries. This was because of those
agreements between the states. So, it is about a virus, which causes an
cooperation between states for the safety and healthiness of people.
Cooperate, because if only the Netherlands work on this virus it will get
nowhere.
o - What issue of international law do you think this event
relates to?
It relates to protection of the nationals for this virus and the protection of
the economic market because it also affects this.
Opdracht 2
International law is different from national law, yet still has a close
relationship with national law.
o Explain in what ways international law is different from
national law?
International law is between states, so horizontal. National law is between
nationals and state so that is vertical. Further it is about the way that
states with international law can choose how to work with the
international law. Every state is equally, there is no separation of powers
in the international law. In the international legal system, there is neither
a legislative (wetgevende macht) or executive (uitvoerende macht)
branch, which means that it is not the same as the national law. On
,international level the legislative is by subjects (states) there self. The
executive is also the states and the judicial are the international courts.
Each topic has its own court, so sometimes an international court but also
sometimes a national one needed.
o The relationship between international law and national law is
viewed from two approaches: the monist and the dualist
approaches. Explain the differences between the monist and
dualist approaches
Monist approach = a system where the international law is directly
applicable in the national legal system, so international law works directly
in national law
Dualist approach = a system where the international law does not affect
the national law, so the state needs to adopt a new law in the parliament,
and when they do that, the law starts in their national law. So that is a
different approach because you must make a new law.
Problem monist = states cannot choose if they want to use the
international law. If they agree or don’t agree they still have to use it,
because it is directly applicable in their law.
problem dualist = takes a lot of time to make a new law. For example,
with an agreement you must get an okay from your parliament and then
you can use the international law. So, it is an extra step for when you can
use it.
The person who decides if a State is dualist or monist, it is the state itself.
So, the founders or legislative can decide and it is written in de
constitution.
o Take a look at the Dutch Constitution on Blackboard and
answer the following questions: Is the Netherlands a monist of
dualist State? Where do you find this information?
The Netherlands is a monist state, because article 93 and 94 shows that
provisions (bepalingen) become binding when they are published, this
means that the international law and national law are together, there not
separated as it is in dualist states. So, the Netherlands is a monist.
It is never always monist, you also have a little overlap to dualist. But in
the end it is mostly monist. Article 94 is a supremacy, so if there is a
conflict between international law and domestic law, then the
international law will prevail. So international law is above
national/domestic law (supranational international recht)
, Week 2
Werkgroep
Opdracht 1
1. What are the main sources of international law? Where can you find
an authoritative list of them?
You can find a list of authoritative sources in article 38 Statute of the
International Court of Justice (1945). Under 38.1 stands international
conventions (treaties), international custom (legally binding, gewoonte)
and general principles. Those were the primary sources.
The subsidiary were juridical decisions (jurisprudentie) and opinion of
experts (not used very much)
2. Can you explain the difference between primary sources and
supplementary means of interpretation?
?
2. Read the newspaper extracts and answer the following question:
a. When the Bush administration announced that it was ‘taking the
first steps towards withdrawing the US signature on the accord’ in
2001, was the US a party to the Kyoto Protocol? Could the US
withdraw from the Kyoto Protocol?
The US was not a party of the Kyoto Protocol, because the vice-president
accord (akkoord) it but never ratified (bekrachtiging van het verdrag) it by
the senate. There is a difference between signing and ratifying. So they
are not a party because they didn’t ratify it (article 24 Kyoto Protocol).
Because they are not a party there is no need to withdraw, they can only
withdraw from there signature.
b. When the Trump administration announced its intention to
withdraw from the Paris Agreement in 2017, was the US a party to
the Paris Agreement? Could the US withdraw from the Paris
Agreement?
The US was a party because they signed and ratified the agreement,
according to article 20 Paris Agreement. According to article 21 Paris
Agreement it is getting into force on 4-11-2016. It Article 28 of the Paris
Agreement says that after 3 years you can withdraw. This news article
was published in 2017 so that is 2 years later. Then you also have an 1
year from notification of withdrawal so the US could withdraw on 4-11-
2020 from the agreement.
