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Public International Law is a system of law (0)

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  • Missions and diplomats have this?
  • Military ships can arrest pirates but what to do later with pirates?

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Public International Law is a system of law, different from domestic law.
Why is this system unique ? Usually law regulates relations between people, people and the state etc, PIL regulates relations between states . Thats why PIL is important for international relation students .
  • PIL influences the life of everybody , it doesn’t regulate people directly but indirectly ( through the decisions of the states), because it’s everywhere . It’s like air. E.g. when you want to send a letter to Brazil, you put a stamp from your own country and send it from your post office and the letter gets delivered . Why is this so easy , because there are certain international conventions that regulate postal services . E.g. traffic signs are almost the same everywhere, why? Because of certain int conventions that require the states to have more or less unified traffic signs.
  • States apply international regulations to national regulations and they have to be in accordance with each other , the states can always specify these regulations. Therefore , PIL regulates people indirectly.
  • Another unique feature: domestic law sources have a clear pyramid (top to bottom : constitution, laws , individual contracts, they cannot contradict each other ) and all sources are written. In PIL there is no such hierarchy, but there are primary sources (all are equally important) and secondary sources and all are not written. Primary sources: written documents (int treaties, conventions, declarations etc), international customary law (legally binding), fundamental principles (legally binding).

PIL= system of (legally binding) norms and principles, written or customary, regulates the conduct of states and intergovernmental international organizations . Also known as International Law, but called PIL to distinguish from private international law, i.e. solution for conflict of laws.
Only intergovernmental organizations are also subject of PIL, non-governmental organizations are not.
  • There can be specific cases of PIL, e.g. nations fighting for their independence. These can be considered to be subjects of PIL.
  • Also, some exceptions : International Committee of Red Cross , formerly it wasn’t covered by PIL, but due to its unique status (covered by Geneva conventions etc), then it is a subject of PIL.
  • PIL directly regulates private persons, e.g. punishment of international crimes (crimes against peace = crime of aggression, genocide , crimes against humanity, war crimes). This is if specific countries do not want to punish the criminals , specific international tribunals etc are created to do the job for them .

Humanitarian doctrine – if a certain country violates human rights very severely and if other attempts have failed to prevent and stop this, then war can be used as a method to stop this stuff .
Süüria – chemical weapons doctrine is one of the strongest doctrine ever, respected by almost everyone, that’s why people are so shocked about the events there. It’s a grave violation of PIL. If there’s enough evidence that chemical weapons were used, then war is basically a legal method, but not fully, because it isn’t one of the reasons that allows war as a method to resolve conflict.
Differences :
Public International Law
Private International Law = conflict of laws
Subjects
States, intergovernmental organisations and some specific stuff (Red Cross; nations seeking independence if they are recognized)
Regulates relations between private persons and legal persons ( person vs person, person vs legal person vs state etc); like domestic law
What is regulated?
Relations between states
Relations regulated by domestic law branches. Why it’s international then? Because our world is a globalized world and even though its regulated by domestic branches, it’s international because one has to decide which national law is applicable . (Also called domestic law with international elements )
Sources
International conventions, int customary law, fundamental principles. The same everywhere.
Domestic laws, international conventions. This isn’t
Enforcement
By specific instruments . You can’t enforce the law of int level like in a national level. Main idea is the coordination of the desires of states. And some specific enforcement in addition . PIL works in some branches very well and makes life convenient , but some branches fail ( security etc).
By national courts
Lecture 2
Sources of PIL
  • Divided to primary and secondary sources. Primary sources are equal and secondary sources as well.

Primary sources
  • International conventions (expressly recognized by the contesting states) – all written documents, agreements (can be diplomatic notes , letters , treaties.
  • International customary law (as evidence of a general practice accepted as law)
  • General principles of the law recognized by civilized nations (why civilized nations – before the creation of UN and the collapse of the colonial system, only metropolitan nations were considered subject of international law, this was created before the collapse of the colonialized system, UN charter is a very old and stupid document , that’s why there’s still such a definition )
    • Strong point of int. Conventions - it’s easier to apply, no proof is needed, the rules exist in the text. However , int. Treaties and conventions are only legally binding for member states, some conventions are not applicable to everybody.
    • Customs are compulsory for everybody, for all countries of the world. However, it’s harder to apply these, because there should be a consensus that a custom is customary norm for it to be legally binding.
      • To create a legally binding norm, two criteria :

    1) should have general practice of the states (practice should be established , wide -spread and consistent; it should be a settled practice),
    2) should be accepted as law, opinio juris is necessary ( positive legal opinion). How such opinion should be expressed? Usually opinio juris is expressed by silent agreement. E.g. if we have certain general practice that happens periodically and everybody is silent about it, then it is opinio juris. If someone is not happy with this
  • Vasakule Paremale
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