3582320579

Int'l Public Law

real legał system

lnt’l community is composed of sovereign States and int’1 governmental organizations (basically of all parties acting in int’l relations)

14.10.2011

Characteristics of int'l community (IC sovereign States /196 + Palestine/ and intergovernmental organizations) in total -300:

1)    IC is composed of Iow no. of members (Legał person - artificial legał creations (church. government, organizations, associations, companies, universities, (high numbereg. in Poland)

2)    Principle of equality within the IC (subjects within the community are equal, principal one State - one vote/e.g. at the General Assembly of the UN/, Security Council

a permanent body of the United Nations seeking to maintain peace and security. It consists of fifteen members, of which five (China, France, Russia, the UK, and the U.S.) are permanent and have the power of veto. The other members are elected for two-year terms. (Principal of equality doesn't hołd).

In the EU the States aren't equal either. (European Parliament (no. of seats depends on the member States’ population) + Council of European Union = cooperate in the process of decision making). Because of it's very specific naturę - not a regular int'l organization.

*Montenegro, Macedonia, Croatia, Turkey, Iceland (to-be EU member States)

3)    Low degree of organization of IC (no mandatory courts, nobody is forced to join any conventions according to which it would fali under the authority of an int'l court), executor/collector in the int'l community - States themselves execute the law - e.g. Gulf Storm operation - some countries took part some did not interaction of the int'l community is pretty much voluntary, in most cases countries need an agenda to get involved.

-no centralized system of enforcement of the int’l law, no mandatory courts (jurisdiction)

Int'I Court of Justice (Hague)

European Court of Justice (Lux)

European Court of Humań Rights (Strasbourg) organ of the Council of Europę - European Convention of Humań Rights’ member only can be sued against (e.g. Belarus is not so they would have to agree first) WTO (functions as a dispute settlement body, hears cases related to trade issues mostly)

Int’I Tribunal of the Law of the Sea (ITLOS, Hamburg)

21.10.2011

Council of Europę - sępa ratę organization (seat in Strasbourg) - political cooperation for maintaining peace,

What is the int'l law?

System of norms binding upon the subjects of international community

lus gentium - (lat.) law of nations (for the Roman Empire) vs. ius civilis (lat.) law of the citizens of the State of Romę only

Jeremy Bentham used the term ius gentium in modem times

Nation vs State ?