Law > EXAM > International Law Summary Full (All chapters) Questions & Answers - 2023 (All)

International Law Summary Full (All chapters) Questions & Answers - 2023

Document Content and Description Below

Introduction - --- -Definition of International Law - -That system of law governing the international legal relations between states, international organisations, including individual responsibilit... y for natural persons for breach of international law -Characteristics of International Law as compared to National Law - -- Structured horizontally, 196 states all equal actors, decentralized - National law structured vertical and hierarchical in nature, centralized institutions -What features characteristic of national law does international law lack? - -1. No international legislature, the UN is merely a forum whereby non-binding resolutions are adopted 2. No courts of compulsory jurisdiction binding on states, ICJ only has compulsory jurisdiction if accepted by both parties 3. No central set of sanctions to enforce the law, Security Council has limited powers to impose economic and military sanctions, but no general authority to police -Is international law, law? - -- John Austin, writing in 1832 would say no, proper law is the command of the sovereign backed by sanctions (command theory): international law in his view is not law as it fails to meet the definition, he instead argues it is merely 'positive morality' - HLA Hart in 1961 argued differently, equating international law with the legal system of more primitive societies, who had primary rules, but had yet to develop secondary rules. International law merely lacked the enforcement mechanisms of more developed areas of law through: 1. Absence of a legislature 2. Absence of courts with compulsory jurisdiction 3. No system of (official) sanctions -Do states obey international law? - -- Sanction of reciprocity is conducive to general compliance - Breaches do not justify the conclusion that they are not generally obeyed - Complied with generally because it underlies all international relations - Breach might be a result of genuine uncertainty about facts or interpretation of treaties [Show More]

Last updated: 1 year ago

Preview 1 out of 24 pages

Add to cart

Instant download

We Accept:

We Accept
document-preview

Buy this document to get the full access instantly

Instant Download Access after purchase

Add to cart

Instant download

We Accept:

We Accept

Reviews( 0 )

$3.00

Add to cart

We Accept:

We Accept

Instant download

Can't find what you want? Try our AI powered Search

OR

REQUEST DOCUMENT
46
0

Document information


Connected school, study & course


About the document


Uploaded On

Apr 04, 2023

Number of pages

24

Written in

Seller


seller-icon
DerrickIsrael

Member since 1 year

0 Documents Sold


Additional information

This document has been written for:

Uploaded

Apr 04, 2023

Downloads

 0

Views

 46

Document Keyword Tags

Recommended For You

Get more on EXAM »
What is Browsegrades

In Browsegrades, a student can earn by offering help to other student. Students can help other students with materials by upploading their notes and earn money.

We are here to help

We're available through e-mail, Twitter, Facebook, and live chat.
 FAQ
 Questions? Leave a message!

Follow us on
 Twitter

Copyright © Browsegrades · High quality services·