Summary International Law Book cover image

Summary International Law

- Anders Henriksen
ISBN-10 0198828721 ISBN-13 9780198828723
258 Flashcards & Notes
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A snapshot of the summary - International Law Author: Anders Henriksen ISBN: 9780198828723

  • 1 Foundations and structure of international law

  • 1.1 An introduction

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  • What is the consequence of the seemingly ever-expanding reach of international law?
    The gradual development of thousands of sub-disciplines such as international human rights law, environmental law etc.
  • What are the main differences between domestic and international law?
    In international law, there is neither a legislative nor an executive branch and there is no mandatory and well-established procedure for the settlement of legal disputes
  • 1.2 A brief history of international law

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  • What was the Kellog Briand pact?
    1928, decision to refrain from war as a method for dispute settlement.
  • What was the influence of the cold war on international law?
    It marred the activities of the UN, until the collapse of communism. In Kuweit 1991 UN acted.
  • What entails the Bretton Woods system?
    Conference 1944 at Bretton Woods that created the most important international organistations for regulation of trade and monetry policy: IMF, GATT/WTO, World Bank
  • What is consensual theory?
    Positivism. Unless a state has consented to be bound by a rule, no international legal obligation exists and the state remains entitled to act as it pleases.
  • 1.2.1 Early modern international law

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  • What is natural law (jus naturale)?
    Natural law contained an all-embracing set of ideas about natural and social life in the universe and, though it primary focused on the individuals and their relations to the world, it also applied to states by virtue to the fact that rules were also individuals and therefore subject to it.
  • 1.2.2 Peace of Westphalia

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  • Why can the Peace of Westphalia (1648) that brought an end to the Thirty Years War that had ravaged continental Europe be seen as the birth of international law?
    Because the Peace/Treaties of Munster/Osnabruck had the idea to reduce the powers of transnational forces, like empire and religion and instead compartmentalize territory and individuals into sovereign states.
  • 1.2.3 The 19th century and the era of positivism

  • How can 'positivism' during the 19th century be described?
    Positivism attached primary importance to state consent, whether expressed explicitly in the form of a treaty of implicitly by customary practices adhered to by states due to a belief that the practice was legally binding.
  • 1.2.4 The interwar period

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  • What was the main task of the League of Nations established in 1919?
    Maintaining world peace. While they did not prohibit war, it required states to submit potential destabilizing disputes to one of a number of settlement mechanisms and to resist from resorting to war until a certain period had elapsed following the decision by that mechanism.

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