305 final notes PubIntLaw - Running head PUBLIC...

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Running head: PUBLIC INTERNATIONAL LAW 1
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PUBLIC INTERNATIONAL LAW 2 Sources of international law: Article 38 of the Permanent Court of International Justice and the International Court of Justice and the ICJ. a. Conventions and treaties at force b. Custom c. General principles of law d. Subsidiary sources: Judicial decisions and writings of the most highly qualified publicists Two major forms of law: a. Treaties and conventions in force are binding on their states parties only Signing, ratification/accession and entry into force make it binding. Reservations, modification and withdrawal are permitted. Domestic implementation may be required. Rules of treaties governed by custom and by the Vienna Convention on the Law of Treaties. Customary international law binds states generally except persistent objectors: a general practice accepted as law Two-element test: widespread and consistent practice, opinion juries. Jus cogens are a special category which permits no objectors and which states can never derogate. Piracy, slavery, genocide, torture. Many of these have a erga omnes obligation Exception: Regional or bilateral custom is permitted. Persistent objectors are permitted. Source giving law where extant law has gaps (non liquet) c. General principles of law (recognized by all civilized nations) E.g. Specialized law supersedes general law
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PUBLIC INTERNATIONAL LAW 3 E.g. Later law supersedes earlier law if they regulate the same topic. d. Subsidiary means of the law: they give evidence of the above sources Decisions of international dispute resolution venues like the ICJ and Perm. Court Arbitration. Writings of the most highly qualified publicists of the various nations. The role of the International Court of Justice All UN members are parties. Pacific settlement of disputes by adjudication. Advisory opinions. Admissibility: States only Disputes over law or fact only. Political disputes are inadmissable . – Compromissory clauses for parties to a treaty under Art. 36(1). – Optional clause declaration for compulsory jurisdiction under Article 36(2) covering: a. the interpretation of a treaty; b. any question of international law; c. the existence of any fact which, if established, would constitute a breach of an international obligation; d. the nature or extent of the reparation to be made for the breach of an international obligation. Decisions are binding on parties only.
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