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International Law, EU & Organizations

96 cards · 🇺🇸 English

Sources and principles of international law, plus the EU's core institutions and treaties.

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International law also known as

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1International law also known as
Public international law or the law of nations - the set of rules, norms, and standards that states and other actors feel obligated to obey in their mutual relations.
2international law vs domestic legal systems
It operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign states.
3Main sources of international law
International custom (state practice accepted as law), treaties, and general principles of law recognized by most national legal systems.
4public vs private international law
Public international law covers rules with international origin; private international law concerns whether national courts can claim jurisdiction over cases with a foreign element.
5Transnational law
As defined by Philip Jessup: 'all law which regulates actions or events that transcend national frontiers' - a body of both national and international rules beyond nation states.
6Supranational law
A system where nations explicitly cede their right to make decisions to the system's judiciary and legislature, which can make directly effective laws in each member state.
7Most common example of a supranational system
The European Union.
8One of the earliest extant examples of an international agreement
The Egyptian-Hittite peace treaty (Treaty of Kadesh) between Ramesses II and Ḫattušili III, concluded in 1279 BCE.
9Another early example of interstate agreements
Peace treaties between the Mesopotamian city-states of Lagash and Umma (approximately 3100 BCE).
10Jus gentium in Roman law
An early conceptual framework for international law that governed the status of foreigners living in Rome and relations between foreigners and Roman citizens.
11How did Roman jus gentium differ from modern international law?
Roman law of nations applied to relations with and between foreign individuals rather than among political units such as states.
12What early European legal systems contributed to international law?
Canon law (governing ecclesiastical institutions), lex mercatoria (merchant law), and maritime law codes like the Rolls of Oléron and Laws of Wisby.
13Primary concern of international law during the European Middle Ages
The purpose and legitimacy of war, seeking to determine what constituted 'just war.'
14Who was Francisco de Vitoria and why is he significant?
A Spanish jurist (1486-1546) concerned with treatment of indigenous peoples, who invoked law of nations for their dignity and rights. Called the originator of modern international law.
15Who is Hugo Grotius and what is his significance?
Dutch jurist (1583-1645) widely regarded as the father of international law. His 1625 work 'De Jure Belli ac Pacis' laid down principles of natural law binding all nations.
16What two schools of international law did Grotius inspire?
The naturalists (who followed natural law) and the positivists (who emphasized actual state practice).
17Peace of Westphalia and when was it concluded
Concluded in 1648, considered the seminal event in international law that established the current international legal order.
18Westphalian sovereignty
The principle that independent nation states have equal sovereignty regardless of size and power, defined primarily by non-interference in domestic affairs of sovereign states.
19When was the League of Nations founded and for what purpose?
Founded after World War I to safeguard peace and security.
20When was the United Nations established and why?
Established in 1945 to replace the League of Nations with an aim of maintaining collective security.
21Two major institutions supporting the UN legal order
The International Court of Justice (ICJ) and the UN Security Council (UNSC).
22When was the International Law Commission established and for what purpose?
Established in 1947 to develop and codify international law.
23What major institutions furthered multilateral cooperation post-WWII?
The International Monetary Fund (IMF), International Bank for Reconstruction and Development (World Bank), and World Health Organization.
24Where are the sources of international law listed authoritatively?
Article 38(1) of the Statute of the International Court of Justice.
25Four categories of sources in Article 38(1)
International treaties, customary international law, general legal principles, and judicial decisions/teachings of legal scholars (as subsidiary means).
26General principles of law defined in the ICJ Statute
As 'general principles of law recognized by civilized nations' - derived from both national and international legal systems.
27A treaty defined in the Vienna Convention on the Law of Treaties
An international agreement concluded between States in written form and governed by international law, whether in single or multiple related instruments.
28What principle makes treaties binding?
Pacta sunt servanda - the principle that allows states to create legal obligations on themselves through consent.
29The VCLT say treaties should be interpreted
In good faith in accordance with the ordinary meaning given to the treaty terms in their context and in light of its object and purpose.
30What three theories of treaty interpretation does the VCLT compromise between?
The textual approach (ordinary meaning), subjective approach (drafters' intention), and teleological approach (objective and purpose).