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Law that governs the relations between states amongst each other
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consists of: International agreements, International custom, General principles of law, Law-making resolutions of int’l organizations
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Is a horizontal system (no suoreme legislator), Settlement of disputes: no compulsory court jurisdiction, limited enforcement mechanisms)
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has a vertical system (supreme legislator). Settlement of disputes: compulsory court jurisdiction
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Branches of International Law Today Lernen beginnen
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General notions, History and Development, Sources of IL (Law of treatiers), Subjects of IL, Diplomatic and consular law, Population, International organization, Peacefull settlement of disputes, Law of military
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Branches of International law Lernen beginnen
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Law of war, law of war and peace, law of peace and law of war
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lus cogends (peremptory norms)... Lernen beginnen
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peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted
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In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.
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Sources of knowledge of law/ Sources of validity (binding force) of law > material sources, formal sources
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Customary (legal) rule: usus + opinio iuris Lernen beginnen
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concerted practice of states making law; a general practice accepted as law
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concordant (uniform), uninterupted
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conviction that the practice is the law
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Geographical element of the custom Lernen beginnen
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Temporal element of custom Lernen beginnen
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nternational agreement Example: Lernen beginnen
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Treaty rule: The Council shall consist of a representative of each Member State at ministerial level...
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Customary rule: Member States may be represented at meetings of the Council by state secretaries or even members of COREPER
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CLASSIFICATIONS OF INT’L AGREEMENTS Lernen beginnen
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bilateral, open- closed, Signature, written - oral, main- additional, between states
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“treaty” means an international agreement ... in written form
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Title, Introduction, Operative part, Operative part, Korroboration, Final clauses, Signatures
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1., FULL POWERS 2. PREPARATION 3. CONCLUSION.
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treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
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