IL - 1 - what is IL and custom Flashcards
what is IL legal theory>
there is no theory
no one cares for idealism, only what is legal and not and the consequences,
- ppl dont pretend to give a poop, Assad Ghadaffi
whats the most important thing in IL
Legitimacy
in il and pal it is very useful
Roger Fisher, emeritus professor of law at Harvard Law School, wrote, correctly, that “legitimacy and lawful authority are key components of political power.
what does IL examine?
why States behave in a certain manner. IL deals with rules that, ostensibly bind states
why are states blind?
States act out of self interest,
TEST: will a state act if its not for its self interest
is IL good in il?
Victor Kattan writes that ‘international law was pivotal to the development of the Jewish national home’ and that ‘Ultimately, international law would give the Zionist movement legitimacy’
what is precedent?
stare decisis-
legal principle by which judges are obliged to respect the precedent established by prior decisions
Does not exist in IL
“Most states most of the time comply with international law.”
exeption?
but
Extraordinary Renegotiations
USA sent prisoners to Arab countries for torture, UK (Blair) and Italy were very upset and Italy punised its secret service for talking to USA.
but most states are connected by a web of agreements.
Is IL law?
Austin's definition "An order from a sovereign body to those subject to that body and a penalty for non-compliance" (PROF SAIS ITS NOT COMPLETE AND LACKS THINGS, CUSTOM AND NO SOVEREIGN) Every legal system normally has: 1 A Compulsory Court System 2 An enforcement system BUT IL is deficient o No sovereign o No legislative body o No compulsory court system o No codified legal rules o No regular enforcement system
where does IL work?
o Borders, Territory, o Civil Aviation o Space o Telecommunication, Post o Maritime traffic, Territorial seas, EEZ, Straits o Pollution, ecology o Intellectual Property o World Trade o Veterinary o Health o Taxation, o Visas, Passports o Diplomats, Consuls o International Organizations o Human rights o Laws of war o Arms Control o International criminal law
Why do States comply to IL?
1 Reciprocity
2 Reputation for legal compliance
3 Don’t want criticism
4 Friendly relations
5 Want stability, certainty
6 Public opinion
7 Possibility of sanctions -UN Security Council, multilateral, bilateral
8 Possibility of adjudication and compensation b n WTO, LOS)
9 Democratic societies
Courts in democratic societies
10 Customary law part of the “law of the land”
why else do states comply with IL?
what about the UK?
because in democracies it has become the law of the land and courts comply,
IE uk law and gov are separate and it sometimes forces gov to act
how is IL relevant to il
however
the world is watching so we want to be legitimate.
however world say: terrorism is illegal but we must understand why they do it
2 examples of what IL makes il do
in 2009 il gave water and electricity to Gaza
il say we dont torture but we put pressure, sleep deprivation standing for days. where is the limit? ticking bomb case…attorney general will not prosecute,
what happened for il and Egypt peace agreement
we copied and pasted UN charter, because both states already agreed to it, so if it work why do something else.
what happened with peace agreement with Jordan
Equitable distribution for IL means all tributaries and rivers, so il gives certain amount of water to jordan.
