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Summary Introduction To International And European Union Law

Course
- Introduction to International and European Union Law
- 2022 - 2023
- Erasmus Universiteit Rotterdam (Erasmus Universiteit Rotterdam, Rotterdam)
- Rechtsgeleerdheid
247 Flashcards & Notes
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A snapshot of the summary - Introduction to International and European Union Law

  • 1 Week 1

  • 1.1 Henriksen: Hoofdstuk 1

    This is a preview. There are 3 more flashcards available for chapter 1.1
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  • What is the origin of the European Union?
    1957: creation of European Economic Community (EEC) and Euratom (cooperation with nuclear energy) for establishing better economic international cooperation. In the following years, more and more countries came to join the communities. 
    1985: the Schengen Agreement paved the way for open borders and free travel within the European community. 
    1993: the Maastricht Treaty formally established the European Union. 
  • What are the four characteristics of international law of coexistence?
    - international law of coexistence contains answers to separate powers of sovereign states to uphold peaceful coexistence

    - Horizontal in that it focuses on the way sovereign states interact with each other

    - Not concerned with bringing states closer together

    - The goal of international law of coexistence is that states reach their individual goals without infringing on other state's sovereignty. 
  • What is the relationship between national and international law?
    International law is always superior. International law is therefore not concerned how a state lives up to its international obligations, only if they do it.   
  • In which two ways is international law applied within a state?
    Monism: There is no separation between international and national law. International law can be applied directly into national law.

    Dualism: International and national law operate independently from each other. 
  • What is the issue with enforcing international law?
    There is no central organ which does so. Mostly individual states have to resolve issues amongst themselves. It is because of this that states get rewarded royally if they uphold international law, instead of abandoning it.
  • What are the suggested inadequacies of international law in the 21st century?
    The state-centric configuration of the world is outdated and sometimes counter productive. Some people even argue that state sovereignty should not be respected as much. However, they do not realise it is the sovereignty which is needed for achieving societal goals.
  • 1.2 Henriksen: Hoofdstuk 2

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  • What are the five most prominent sources of international law?
    Treaties - Customary law - General principles - Jurisprudence - Scholarly publications/contributions
  • What is a consistuant Treaty?
    A Treaty which creates an international organisation.
  • What is the prerequisite for customary law? And of what elements does it consist.
    Customary law is a source of law when a way behaving is generally accepted by states as general practice (OBJECTIVE ELEMENT) and believed to be legally binding (SUBJECTIVE ELEMENT).
  • Of what three concepts consists the objective element of customary international law?
    - Constant repetition of a certain action 
    - Over a certain amount of time
    - Which is done by a lot of people

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