1 Lecture Ilc

8/9/2019 1 Lecture Ilc

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INTERNATIONAL LAW ANDCOURTS

JUDr. Tom Pezl

International Law

Defining International Law textually:

International: pertaining to therelations between nations

Nation: a political state

Law: body of rules, flowing fromenactment or custom, regarded as binding

Therefore, textually, International Lawis

the body of rules flowing from formalenactment or from custom pertaining tothe relations between political states andregarded as binding onthose states

International Law

Broadest definition too broad:

International Law comprises the quasi-ritualistichabits of behaviour between different peoples thatgive some certainty to relations between these

peoples

Cicero: one eternal and unchangeable lawwill be valid for all nations and all times,and there will be one master and ruler, thatis, God

Complex of legal norms ensuring peacefulexistence and continuous development ofinternational community

Its a legal system that binds sovereign states


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Law of Nations: the law which

has received obligatory force fromthe will of all nations, or of manynations(Grotius)

International law is the law ofnations, and is therefore a systemof rules regarded as binding onstates in their mutual relations

International law is also a body oflaw that increasingly regulates howstates act within their zone oftraditional sovereign authority

Political differences

Domestic politics: a singlebody government has amonopoly on the use of force

International politics: no one

body or state has amonopoly on the use of force

Produces a system of self-help

Social differences

Domestic politics: well-orderedsense of common communityand values

International politics: nocommon values or sense ofcommunity

Instead, the threat of use offorce produces a focus on statesurvival


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Legal differences

Domestic politics: law is

generally obeyed and thereare sanctions levelled forviolations

International politics: laws (itis said) are often not obeyed,and there are no realenforcement mechanisms (atleast against powerful states)

Summary

Legislator = subject of internationallaw = i.e. states

Principle of sovereign equalityEach state is sovereign and it is

prohibited that one state would besubject to power of other state.

international law = coordinativecharacter

Basic principle = Pacta suntservanda("pacts must berespected")

Subjects of internationallaw

Subject: each unit (entity) to which

has been ability to rights and

duties confessed, as well as ability

to legal acts

Subjects of international law:

States

International governmental

organizations

special subjects


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State

3 basic elements:

territory,

population,

sovereign power

Distinct moments:

creation (secession, separation,association)

extinction (separation, conquest,association)

International organization

Governmental

associations of states that on basisof legal act (international treaty)provides certain activity for itsmembers

their subjectivity is derived from itsmember states and is limited by thescope of its existence.

Non-governmental

association of private entities

posses no international legalsubjectivity at all

Special subjects

International Committee of Red

Cross

International Cities

Sovereign Military Hospitaller

Order of St. John of Jerusalem of

Rhodes and of Malta

Holy See


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Individual

Generally not regarded as

subject of international law

may be recipient (object)

development of human rights

protection increases number of

rights guaranteed to individuals

by international law

Sources of law

Art. 38 par. 1 Statute of International Court of Justice

The Court, whose function is to decide in accordance withinternational law such disputes as are submitted to it,shall apply:

a) international conventions, whether general orparticular, establishing rules expressly recognized bythe contesting states;

b) international custom, as evidence of a generalpractice accepted as law;

c) the general principles of law recognized by civilizednations;

d) judicial decisions and the teachings of the mosthighly qualified publicists of the various nations, assubsidiary means for the determination of rules oflaw.

Relationshipbetween international and national

legal systems

Monismthere is only one law

and one legal system that has

multilevel structure and composed

of many sub systems

monism with supremacy of

international law

monism with supremacy of national

law

Supremacy means legal power ofthe sub-systems in mutual

relationship.


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Dualism two separate legal

systems international andnational law.

penetration of one to the other is

possible only on the basis of explicit

acceptance of the other legal system

- implementation

Implementation of norms of

International law = method how to

make international law norms legally

binding in the domestic law.

Documents

1 Lecture Ilc