IntLaw-PdfExp.pdf - PUBLIC INTERNATIONAL LAW(CRUZ |2014...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
PUBLIC INTERNATIONAL LAW (CRUZ) |2014 BETIA| MENOR |REAMICO PUBLIC INTERNATIONAL LAW CHAPTER 1 GENERAL PRINCIPLES INTERNATIONAL LAW (IL) - Traditional concept- a body of rules and principles of action which are binding upon civilized states in their relations with another. - Schwarzenberger- is the body of legal rules which apply between sovereign states and such other entities as have been granted international personality. DIVISIONS OF INTERNATIONAL LAW 1. Laws of peace - govern the normal relations of states. 2. Laws of war - when war breaks out between or among some of them, the relation of these states cease to be regulated under the laws of peace and come under the laws of war. 3. Laws of neutrality- those states not involved in the war continue to be regulated under the laws of peace in their relations inter se. however, their relations with the belligerents, or those involved in the war, are governed by the laws of neutrality. INTERNATIONAL LAW V. MUNICIPAL LAW 1. Monists - There is no substantial distinction between international law and municipal law because they believe in the oneness or unity of all law 2. Dualists - who believe in the dichotomy of the law, there are certain well established difference between international law and municipal law. MUNICIPAL LAW INTERNATIONAL LAW Issued by a political superior for observance by those under its authority Is not imposed upon but simply adopted by states as a common rule of action among themselves Consists mainly of enactments from the law-making authority of each Derived not from any particular legislation but from sources as international custom, international conventions and the general principles of law Regulates the relations of individuals among themselves or with their own states Applies to the relations inter se of states and other international persons Violations of the municipal law are redressed through local administration and judicial process Questions of international law are resolved through state-to- state transactions ranging from peaceful methods like negotiations and arbitration to the hostile arbitrament of like reprisals and even war Breaches of municipal law generally entail only individual responsibility Responsibility of infraction of international law is usually collective in the sense that it attaches directly ot the state and not
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
PUBLIC INTERNATIONAL LAW (CRUZ) |2014 BETIA| MENOR |REAMICO to its nationals. It is possible for a principle of municipal law to become part of international law, as when the principle is embodied in a treaty or convention. TWO THEORIES AS TO MANNER OF ADOPTING INTERNATIONAL LAW AS PART OF THE LAW OF THE LOCAL STATE 1. DOCTRINE OF INCORPORATION - International laws are adopted as part of a state’s municipal law, by affirming their recognition of the principles of international law in their constitutions.
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern