Public International Law (PIL) - B1 - Rechten - UU - Aantekeningen hoorcolleges

Deze aantekeningen zijn gebasseerd op het het vak Public International Law (PIL) in 2015-2016.


Hoorcollege week 1

Aim of Public International law: regulating international relations through norms:

  • Order and stability

  • Justice

  • Dispute-settlement

It’s not only about nations, but also about intergovernmental organisations and sometimes even people.

1648: treaty of westfahlen → it ended the thirty-year war. For the first time in human history all sovereign states were equal. This meant that every state had territorial sovereignty.

Aim of Private International law: regulating legal relations between individuals (can also include corporations as such)

 

National Law

International Law

Legislation

Centralized

Decentralized

Dispute-settlement

Compulsory

Not compulsory

Administration and enforcement

Centralized

decentralized

International Law developed from law of co-existence to law of cooperation and to law of integration.

Case 1: Nicaragua

There was a war between the SU and the US. US supported the rebels, the contras. Nicaragua went to court, saying that the US violated their borders and that force had been used against Nicaragua. The case is important for the use of force and state responsibility. Art. 2(4) of human/united nations charter could not be applied because the US did not accept the jurisdiction

Hoorcollege week 2

Relationship between sources of international law

There are also other sources of international law not listed in article 38, namely:

  • Decisions of international organizations (only the binding decisions)

  • Unilateral acts (nuclear tests)

  • Soft law, it looks like law but it are basically political norms. States comply with those laws because they don’t want to have a bad name.

Treaty and custom are not more important than one another. The way it is solved... Interested? Read the instructions below in order to read the full content of this page.

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