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Summary: Public International Law
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Read the summary and the most important questions on Public International Law
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1 Week 1
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What is internal sovereignty?
One entity has sovereignty and is recognized as the supreme state power -
What is external sovereignty?
A state has sovereignty and is not bound by rules of other states or entities -
Why is external sovereignty of great importance to PIL?
It entails that states are legally equal and fully competent -
What is the naturalist theory behind PIL?
Law comes from a higher power and there are only jus cogens rules -
What is the positivist theory behind PIL?
International law can only emerge from the will of state and is based on mutual consent -
What are the functions of international law?
- Creating order in the chaos of international relations
- Advocating for international public objectives
- Progressive development of law
- Creating order in the chaos of international relations
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In what respects is international law different from national law?
- International law has no vertical and hierarchical legal order
- International law has no overarching authority
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What is a monist system?
The legal system is a unity, where the national legal order is seen as part of one legal order that includes international law -
What is a dualist system?
The international and national legal orders form two strictly separate spheres -
When can international legal norms have effect in the national legal order in a dualist system?
When they have been transposed into national law
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