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Summary RB1812202133 International Law

Course
- International Law
- Gleider, H
- 2021 - 2022
- Open Universiteit
- Rechtsgeleerdheid
143 Flashcards & Notes
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A snapshot of the summary - RB1812202133 International Law

  • 1 Nature and Sources of International Law

  •  There are different categories of norms in the IL system. What is a common distinction?
    Obligations of a contractual nature and obligations erga omnes.
  • 1.1 History and nature of International Law

  • When did IL arises in its modern form?
    In 1648 Peace of Westphalia, when the European state-system began to crystallise the principles of non-intervention and sovereignty which are the cornerstones of IL today.
  • Which rules IL sets out?
    The rules that govern the relations between the members of international society, including sovereign States, International organizations, and individuals. These rules were mainly created by States, but nowadays more users and address more issues.
  • Is the structure of the international legal order fundamentally distinct from that of national legal systems?
    Yes. Though there is the UN, IL is characterised by the absence of a central legislative organ- that is, equivalent of a national parlement. There is no international police/army or international judge as conceived in the domestic setting.
  • On which system the IL built on?
    Built on and depend on the consent of States. Both the enforcement and adjudication of international rules are dependent on the consent of the States concerned. States benefit from the principles of sovereign equality between them, and the right of non-intervention in there internal affairs.
  • International legal theory has long struggled with contemplating  (nadenken) the nature of the international legal system. There are cogent (overtuigend) critiques of IL from a number of perspectives. Which approaches begint particularly relevant?
    Feminist, post-colonial/Third world and Marxian approaches being relevant.
  • 1.1.1 IL Gleider H. Introduction: international law as law

  • International law is portrayed as?
    A legal framework to govern the relaties between States, the organized political entities which are the primary subjects of IL.
  • What is private IL?
    The principles that determine the applicability of a certain law or set of laws to situations involving individuals with a foreign or transboundary element.
  • 1.1.2 IL Gleider H. The origins of modern international law

  • What represented the Peace of Westphalia 1648?
    A definitieve rejection of the secular power of the Pope over the internal affairs of other States. Catholic and Protestant States be sovereign and equal under no hoger power. Westphalia was the seed of a decisive move away from a universal law rooted in the Christian religion, which dominated the law of nations into the sixteen century.
  • Hugo de Groot portrayed IL as a combination of two distinct (onderscheiden) bodies, which?
    Jus gentium
    Jus naturale
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