Any real action relating to private immovables

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Unformatted text preview: State will be recognized. Q: Distinguish PIL from PRIL. A: PUBLIC PRIVATE Nature National or municipal in International in nature character Dispute resolution Through international Through municipal modes tribunals Subject Relations of States inter Relations of individuals se and persons with whether or not of the international legal same nationality personality Source International conventions, Lawmaking authority of International customs each state and general principles of law Responsibility for breach Collective because it Entails individual attaches directly to the responsibility state Q: What are the grand divisions of PIL? A: 1. Laws of Peace – govern normal relations between States in the absence of war. 2. Laws of War – govern relations between hostile or belligerent states during wartime. 3. Laws of Neutrality – govern relations between a non‐participant State and a participant State during wartime or among 228 non‐participating States. Q: What is erga omnes? A: It is an obligation of every State towards the international community as a whole. All states have a legal interest in its compliance, and thus all States are entitled to invoke responsibility for breach of such an obligation. (Case Concerning The Barcelona Traction, ICJ 1970) Q: Give examples of obligations erga omnes. A: 1. Outlawing of acts of aggression 2. Outlawing of genocide 3. Basic human rights, including protection from slavery and racial discrimination Q: What is jus cogens norm? A: A jus cogens norm is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character. (Art. 53, Vienna Convention on the Law of Treaties) Q: What norms are considered as jus cogens in character? A: 1. Laws on genocide 2. Principle of self‐determination 3. Principle of racial non‐discrimination 4. Crimes against humanity 5. Prohibition against slavery and slave trade,...
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