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Define/ Explain briefly: (5%) each Custom is distinguished from usage in that the latter, while also a long
a. International law (by Schwarzenberger) established way of doing things by states, is not coupled with the conviction
Is the body of legal rules which apply between sovereign states and that it is obligatory and right.
such other entities as have been granted international personality. b. State from a nation
b. International diplomacy The state is a legal concept, the nation is only a racial or ethnic concept.
Relates to the objects of national or international policy and the c. Municipal law from international law ( accdg to the dualists)
conduct of foreign affairs or international relations.
c. “Lawmaking treaties”
Municipal Law International Law
Even if originally agreed upon only by a few states, the treaty may
become binding upon the whole world if it is intended to lay down Is issued by a political Is not imposed upon but simply adopted but
rules for observance by all and it is subsequently signed or acceded superior for observance by states as a common rules of action among
to by other states which thereby submit to its provisions. those under its authority themselves
d. Sanctions
The compulsive force of reciprocal advantage and fear of Consists mainly of Is derived not from any particular legislation but
retaliation. enactments from the from such sources as international customs,
e. Custom lawmaking authority of each international conventions and the general
A practice which has grown up between states and has come to be state principles of law
accepted as binding by the mere fact of persistent usage over a long
period of time. Regulates the relations of Applies to the relations inter se of states and
f. Doctrine of incorporation individuals among other international persons
International law are adopted as part of the state’s municipal law, themselves or with their own
by affirming their recognition of the principles of international law states
in their constitution.
g. Doctrine of transformation Violations of municipal law Questions of international law are resolved
Generally accepted rules of international law are not per se binding are redressed through local through state-to-state transactions ranging from
upon the state but must first be embodied in legislation enacted by administrative and judicial peaceful method like negotiations and arbitration
the law-making body and so transformed into municipal law. processes to the hostile arbitrament of force like reprisals
h. General principles of law and even war
Are mostly derived from the law of nature and are observed by the
majority of states because they are believed to be good and just. Breaches of municipal law Responsibility for infractions of international law
i. Monist viewpoint on international law generally entail only is usually collective in the sense that it attaches
There is no substantial distinction between international law and individual responsibility directly to the state and not to its nationals
municipal law because they believe in the oneness or unity of all
law. d. Enforcement from observance
j. Dualist viewpoint on international law Observance is essentially subjective and mainly dependent on the volition
Who believe in the dichotomy of the law, there are certain of the entity which is supposed to be governed by the law. Enforcement on
established difference between international law and municipal the other hand, is the process by which such observance may be compelled,
law. usually by force or at least the threat of force.