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THE INTERNATIONAL LEGAL SYSTEM CHAPTER 1: APPLICATION OF THE LAW OF THE INTERNATIONAL SYSTEM I. Introduction a. Definitions i. IL : a body of legally binding rules principally governing relations among states, rules applicable to international organizations, and rules evolving to provide increasing rights to individuals particularly in the fields of human rights and crimes against humanity. ii. General IL : rules and principles that are applicable to a large number of states on the basis of either customary IL or multilateral treaties. If they become binding on all states, they are referred to as universal IL iii. Regional IL : applies only to certain groups of states iv. Particularized IL : denotes rules which are binding upon two or a few states only v. International Comity : widespread practice observed b/w states w/o any sense of legal obligation vi. Note - IL predominantly made and implemented by States b. Characteristics of IL i. Unlike traditional government states 1. IL is concerned with the legal regulation of the international intercourse of states which are organized as territorial entities, are limited in number and consider themselves in formal terms as sovereign and equal 2. IL is a horizontal legal system, lacking in a supreme authority, the centralization of the use of force, and the differentiation b/w law making, enforcement, and judicial review 3. UN Gen Assembly is not a world legislature 4. ICJ can operate only on the basis of the consent of states to its jurisdiction 5. The law enforcement capacity of the UN Sec Council is legally and politically limited ii. Enforcement of IL 1. A state that violates an international obligation is responsible for the wrongful act towards the injured state or in some circumstances to the international community as a whole 2. Injured state can raise an international claim through arbitration, 3 rd party mediation, judicial proceedings 3. If a state commits an illegal act against another state and refuses to make reparation or to appear before an international tribunal, the only thing the injured state can do is to resort to self-help . In modern societies self-help has become the exception rather than the rule, whereas in international law self-help is still the rule c. The Scope of IL i. IL has changed b/c of advances in tech and science, increasing global economic and political interdependence, the need to address probs which can no longer be dealt with in a national framework, principle of reciprocity ii. IL covers topics like the position of states, state succession, state responsibility, peace and security, the laws of war, the laws of treaties, the law of the sea, conduct of diplomatic relations, international protection of human rights d. Sources of IL i. The Statute of the ICJ, Art 38(1): 1. Says the Court will apply international conventions, international custom, the general principles of law recognized by civilized nations, and the judicial decisions and the ... View Full Document

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