Escolar Documentos
Profissional Documentos
Cultura Documentos
International and
Comparative Law
B. Making of International
Law
State practice
The conduct and practice of states in
their dealings with each other
Multilateral treaty
Bilateral treaty
C. Sources of International
Law
Article 38(1) of the Statute of the
International Court of Justice
Conventions
International custom
General principles of law recognized by
civilized nations
Judicial decisions and teachings
Hierarchical structure
Convention
Legally binding agreement between
states sponsored by an international
organization
VN WTO
Human Rights Convention sponsored by
UN
Custom
Custom
A long-established tradition or usage that becomes customary
law if it is 1) consistently and regularly observed and 2)
recognized by those states observing it as a practice that they
must obligatorily follow
Customary law
Usus: a consistent and recurring practice
persistent objection
Active rejection of a customary practice from its first
observance by other states
General Principals
General principles
Principles of law common to the worlds
legal systems
jus cogens
A preemptory norm of general
international law, recognized by the
international community of States as a
norm which no derogation is permitted
E. International Persons
States and their subdivisions
States
Independent state
Dependent state
International organizations
Businesses
Individuals
Territorial Sovereignty
The right of a government to exclusively
exercise its powers within a particular territory
Servitude: A right to the use of anothers
property
The Trail Smelter Arbitration
Territorial Sovereignty
To have territorial sovereignty, a
state must first acquire territory
By the occupation of land
By the voluntary transfer of territory
By the conquest and continued
occupation
Estoppel
Changes in Territorial
Sovereignty
When changes occur there are
several legal consequences
Treaty rights and obligations of
successor
Dispositive treaties
Rights over territory, boundaries and servitudes
International Organizations
Two types of IOs
Public or Intergovernmental
Organizations (IGOs)
A permanent organization set up by two or
more states to carry on activities of common
interest
IGOs
Evolution from European tradition of
convening conferences at the end of
wars to draw new boundaries and
sign peace treaties
Conferences evolved into sponsoring
multilateral treaties and setting up
organizations to monitor treaty and
keep peace.
IGOs (contd)
League of Nations (post WWI)
United Nations (post WWII)
World Intellectual Property
Organization (WIPO) present day
International Bureau of Industrial
Property (1883) and International
Bureau of Literary Property (1886)
IGOs (contd)
Organized much the same as
corporations
Constitutional instrument, i.e. charter
Sets forth aims, objectives, internal
structure, resources, and express powers
Drafted and adopted by member states
IGOs (contd)
The United Nations
Organs: General Assembly, Security Council,
Secretariat, International Court of Justice,
Trusteeship Council, Economic and Social Council
Specialized agencies of the UN
Nonbanking
WIPO, UNESCO, IMF, ILO etc
IGOs (contd)
European Union (EU)
Member States
Facts and Figures
EU Law
EU Treaties
IGOs (contd)
European Union (EU) (contd)
Institutions of the EU
European Commission
Council of the European Community
European Parliament
European Court of Justice
European Economic and Social Committee
European Court of First Instance
European Central Bank
European Court of Auditors
IGOs (contd)
Other IGOs
General IGOs, ex UN
Regional: Council of Europe, African Union
(AU), Organization of American States (OAS)
Specialized IGOs
INTERPOL
Custom unions exhibit 1-6, p. 41
Free trade areas, ASEAN, NAFTA
Economic consultative association, OECD
NGOs
Nonprofit NGOs
International Air Transport Association
Amnesty International
International Committee of the Red
Cross
Traditionally ignored
State responsibility state liable for
injuries caused to foreign nationals
State A sues State B for injuries to Citizen A
Human rights
See chart
F. Rights (contd)
Law of State
Responsibility
Internation
al Human
Rights Law
Basis of Any loss of property Injuries
a claim
or personal injury
defined by
treaty
Claimant State of injured
Injured
national
national
Defenda Foreign state
Any state
nt