Public International Law Notes LAWS 6243 1. History of International Law a. Ancient: Egypt‚ Mesopotamia‚ Greece & Rome b. Middle ages: authority of Church commencement of political divisions that would become States. c. Renaissance: State as sovereign competition between States. d. Early Theories: i. Spanish philosophers central to theory ii. Vitoria: 1480-1546 1. theory of natural law: law divine from source 2
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Globalization has had a dual effect on the sovereignty of the nation-state. Since 1945‚ the normative framework of human rights has embedded a sense of obligation on the part of the state toward its citizens. The social contract now has a strong welfare element to it. Yet‚ simultaneously‚ economic integration has limited the range of policy options available to states. This has diminished their capacity to meet these obligations. Sovereignty is the absolute authority over a certain territory. Many
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IBL-5 Assignment-1 Students: ------------------------------------------- Lecturer: ---------------------------------------------- Class: * IBMS-3G Date: * 30-09-2011 Introduction This report contains the proceedings during the set up of the agreement and the proceedings after the breach of contract between two parties: Trans Trust SPRL versus Danubian Trading co. The agreement was about the sales of 1‚000 tons of rolled steel sheets which were supposed to deliver FOB
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Topic 7 State Responsibility Intro: A reparable claim against a State will arise when an act or omission attributable and violates int. legal obligation or duty owed with no justification which caused a state or its nationals injured or loss and entitled to raise a claim. ILC Draft Articles on State Responsibility: Key points -Only to acts of States (Art 57&58) -No general requirement of fault intent (Art 2)‚ except genocide -Legal under domestic law does not preclude illegality under int
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INTERNATIONAL LAW OUTLINE I. THE TYPES AND SOURCES OF INTERNATIONAL LAW Statute of the International Court of Justice: (Article 38) The Court‚ whose function is to decide in accordance with international law such disputes as are submitted to it‚ shall apply: (a) international conventions‚ whether general or particular‚ establishing rules expressly recognized by contesting states; (b) international custom‚ as evidence of a general practice accepted as law; Determining custom: The general
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Nature and scope of private international law Private international law is a set of procedural rules which determines which legal system‚ law of’ which jurisdiction‚ applies when legal dispute has a "foreign element"‚ such as contract agreed by parties located in different countries. It is a branch of English law known as the ’conflict of laws’. By a foreign element is meant simply a contact with some system of law other than English law‚ it has three main objects: Firstly‚ to prescribe the conditions
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Public International Law Summary 2001 Creation and Ascertainment of International Law Sources of International Law -int’l law governs actions between states and represents the laws that they have voluntarily assented to through conventions‚ treaties or by usages generally accepted as expressing principles of law established in order to regulate the relations between coexisting legal communities with a view to the achievement of common aims Statute of the International Court of Justice Article
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focus on international law being an effective tool for the resolution of international disputes. Timely resolutions and unbiased resolutions are factors that determine effective dispute resolution. The definition and concept of international law‚ effective aspects of international law‚ and certain limitations of international law will be discussed in this essay. Furthermore‚ case studies will be provided to support the argument and to demonstrate the procedures of resolving international disputes
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PUBLIC INTERNATIONAL LAW Name of the Case: SADC Asylum Case (Asante/Gopenia) Year of the decision: 2014 Court: SADC Tribunal Legal Issues before the Tribunal: 1. Is Asante competent‚ as the country that grants asylum‚ to unilaterally qualify the offence for the purpose of asylum under treaty law and international law? 2. Was Gopenia‚ as the territorial State‚ bound to give a guarantee of safe passage? The Tribunal’s Decision: As a point of departure‚ Article 38(1) UN Charter provides
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1. Reflect on Art. II‚ Sec. 2 of the 1987 Phil. Constitution. Are customary laws automatically followed by the Philippines? Explain. (200 words) As stated in Art II‚ Sec. 2 of the 1987 Philippine Constitution “The Philippines renounces war as an instrument of national policy‚ adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace‚ equality‚ justice‚ freedom‚ cooperation‚ and amity with all nations.” a war that is renounced
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