A a diplomatic agent shall enjoy immunity from

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Unformatted text preview: ence of the existence of norms. Note: The material sources supplies the substance of the rule to which the formal sources gives the force and nature of law. Thus, custom as a norm creating process is a formal source of law. Q: Under international law, what are “hard law” and “soft law”? A: Hard law means binding laws. To constitute law, a rule, instrument or decision must be authoritative and prescriptive. In international law, hard law includes treaties or international agreements, as well as customary laws. These instruments result in legally enforceable commitments for countries (states) and other international subjects. Soft law means commitments made by negotiating parties that are not legally binding. By 230 implication, those set of international customary rules, laws and customs which do not carry any binding effect whatsoever or impose no obligation at all to states for its compliance. Q: What are the types of treaties or international conventions? A: 1. Contract treaties (Traite contract) 2. Law making treaty (Traite loi) Q: What are contract treaties? A: Bilateral arrangements concerning matters of particular or special interest to the contracting parties. They are sources of particular international law but may become primary sources of public international law when different contract treaties are of the same nature, containing practically uniform provisions, and are concluded by a substantial number of States. Q: What are law‐making treaties? A: Treaties which are concluded by a large number of States for purposes of: 1. Declaring, confirming, or defining their understanding of what the law is on a particular subject; 2. Stipulating or laying down new general rules for future international conduct; and 3. Creating new international institutions. Q: Who are bound by treaties and international conventions? A: GR: Only the parties. XPN: Treaties may be considered a direct source of international law when concluded by a sizable number of States, and is reflective of the...
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