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Nations w/out States - e.g. Palestinians, Gypsies (nation or an ethnic minority?)

International law or interstate law?

2 contradictory pnnciplesof International law - self-determlnation (states have the rightto declare themselves), state Integrality (the right to remain 1 single State), traditionally it's been called ‘international’ b/c members of int'l community aren t only States

Classical theory of nations (common history, language, customs, dominant religion etc.)

Modem theory of nations (creating a nation is a process - e.g. USA)

How is int'l law arranged/systematized?

De iure belli ac pacis - about the law of war and peace (1625 by Hugo de Groot) (1. When the war is justified? 2. What means can you use when you conduct the war?)

It systematized int'l infco 2 parts. This distinction is no longer used in int'l law. lus ad bellum - right to war (self - defense)

lus in bello - nght in war - how to conduct the war, what means can be used and to what extent Law of peace?

Is int'l law a real legał system?

Sanctions are different for not obeying the law, and not obeying some religious norms etc.

Communitas gentium ~ norms of kindness HOMEWORK

Find and cntically reflect on - What is good faith = honesty of intention, relates to the intention of a person regardless of the outcome of an action What does it mean to act in good faith?

What is bad faith = intent to deceive

Nation or territory considered as an organized polibcal community under one govemment

4.11.2011

Heinrich G.W. Hagel

J. Austin - negators of int'1 law (“int'l law ts not law")

Not only law determines our conduct.

There’s State authority behind legał norms!

Sanctions in the intl community exist.

Sanctions in public intl law:

a)    Organized

-    Organizational (stem out from the membership in a intl organization e.g. members have to follow the rules of intl organizations otherwise they can be fined or expelled)

Corrective

-    Use of force (~military force, threat of use of military force is generally forbidden except from the Security Council)

b)    Unorganized

Psychological (psychological pressure put on a State, e.g. Lisbon Treaty - last State to rabfy was the Czech Rep - in the end they were pressured to do so)

Counter measures (actions taken by States themselves)