International law Flashcards
(91 cards)
How is International law and national law different from each other?
Derivation from Tradition and Agreements: International law is not solely created by a central authority like a legislature. Instead, it stems from traditions and agreements (such as treaties, conventions, or accords) that are signed by states. These agreements are often based on past practices or customs that have evolved over time. In other words, international law relies heavily on the consent and cooperation of states.
**Difficulty of Enforcement: **Enforcement of international law is much more challenging compared to domestic law. Domestic law typically has a centralized enforcement mechanism, like the police or courts, to ensure compliance. In contrast, international law lacks a strong, centralized body to enforce it.
**Reciprocity: **States may comply with international law out of a desire for mutual benefit or to ensure other states uphold their own agreements.
**Collective Action: **States may work together, through organizations like the United Nations or regional entities, to enforce international law. However, collective action is often hindered by differing national interests.
International Norms: Norms, or informal rules of behavior, play a significant role in guiding state conduct. While norms aren’t legally binding, they can strongly influence state actions and shape the behavior of states on the global stage.
For your own knowledge: What is a legislature?
A legislature is a body of elected officials responsible for creating, amending, and repealing laws. It is a key part of government and typically consists of one or two chambers, such as a House of Representatives and a Senate.
Where do laws within the state come from?
from central authorities, (legislatures or dictators) because states are sovereign and recognize no central authority.
What are the 4 different types of international law?
1) Treaties
2) Custom
3) General principle of law (such as equity)
4) And legal scholarship
What does Treaties mean in international law?
Written conventions signed by states are the most important source.
A principle in international law are that says once signed and ratified ( agreed to), must be observed ( Pacta sunt servanda).
What happens when states violate the terms, and why do they do that?
Only if the matter is important will they give small penalties. The reason they violate it in the first place is because they see it as a small penalty.
Are the treaties binding?
Yes, whether a new government takes power through elections, a coup, or a revolution. BUT Some treaties have built-in escape clauses, that states legally withdraw from them after giving due notice without violating international law.
What is the world’s most important treaty?
The UN charter, its implications are broad and far-reaching.
What is the second major source of international law? And explain what it is.
Custom: when states behave towards each other in a certain way for long enough, their behaviour may become generally accepted practice with the status of law.
What is the general principle of law?
Serve as the 3rd source of international law. The general principles of law are basic rules and ideas that guide how laws are made and applied, ensuring fairness and justice.
What is legal scholarship?
(4th source) refers to the study, analysis, and writing of legal topics by scholars, researchers, and academics. It involves exploring, interpreting, and critiquing laws, legal systems, and legal theory to contribute to the understanding and development of the law.
Who are only taken to account in “Legal scholarship”
The highly qualified and respected legal figures, used only to resolve points that were not resolved by the first 3 sources of IL.
What is enforcement of international law?
Enforcement of international law imposes obligations on both states that violate the law and other states. So they making sure that countries follow international rules and agreements. Since there is no global police, enforcement relies on cooperation between countries, sanctions, and international organizations.
How is international law more difficult to enforce?
Anarchy, there is no world police force.
What does enforcement of international law depend on?
1)Power of the states themselves: Individually or collectively, to punish transgressors (the ones that violated the law).
explanation: This refers to the sovereign power of states to take action against individuals or other states that break the law. States have the authority to punish wrongdoers either on their own (individually) or by working together with other states (collectively) through methods like sanctions, legal action, or other forms of punishment.
Enforcement of law depends heavily on…
Reciprocity principle.
What is reciprocity?
Rewarding behaviours that contribute to the group & punishing behaviors that pursue self-interest at the expense of the group.
Why do states follow international law most of the time?
States want other states to follow the law because they expect the same in return and don’t want others to disregard it.
What does international law recognize in certain circumstances?
The legitimacy of reprisals: actions that would have been illegal under international law may sometimes be legal if taken in response to the illegal actions of another state.
Explanation: The legitimacy of reprisals means that actions which would normally be illegal under international law may become acceptable if they are taken as a response to another state’s illegal actions. In other words, when one state is harmed or violated by another, it may have the right to take retaliatory measures, even if those actions would usually break the law, as long as they are proportionate and aimed at enforcing the law.
What are reprisals ( for your own knowledge)
Reprisals are retaliatory actions taken by one state in response to another state’s illegal or harmful actions. These measures are usually intended to pressure the offending state to comply with international law, and while they may be illegal under normal circumstances, they can sometimes be justified as a response to violations by the other state.
What happens to a state that breaks international law?
May face collective response by a group of states, such as the imposition of sanctions, agreements among other states to stop trading with violators or to stop some particular commodity trade, as a punishment of its violation.
How can a sanctioned state become a pariah in the community of nations?
Meaning it’s cut off from normal relations with others, which is very costly in this globalized and interconnected world, as the economics and well-being of all states depend on trade and economic exchange in world markets.
Why could sanctions be as important as a military response? How can globalization be enforced in this argument and seen through a liberalistic point of view.
Meaning it’s cut off from normal relations with others, which is very costly in this globalized and interconnected world, as the economics and well-being of all states depend on trade and economic exchange in world markets.
Even the world’s superpowers contain their behavior, at least some of the time, to adhere to international law, explain what this means.
This means that even the most powerful countries follow international law because it helps maintain peace and stability in the world. By respecting these laws, they can build good relationships with other countries, avoid conflicts or penalties, and be seen as legitimate and responsible global leaders.
