Relationship international/national law / enforcement of international law / state responsibility (1) S9 Flashcards
(10 cards)
Name and explain the characteristics of the supremacy of international law
Supremacy of international law:
1) International law generally takes precedence over national law
2) A state cannot use its national law as an excuse for violating international obligations
3) International law usually leaves it to each state to decide how to implement obligations domestically
Name and explain the difference between monism and dualism
1) Monism: international law and national law are part of a unified legal system: international law can be directly applied without translation
2) Dualism: international law and national are separared: international law must be translated into national law through legalislation to be effective
Most countries use a mixed or pluralistic approach, rather than strictly following either model.
Name and explain constitutional differences with regarding to the integration of international law into national systems
Integration of international law into national systems depends on each country’s constitutional framework:
1) Customary international law is often more readily accepted and applied by national courts than treaties
2) Treaties usually require specific legal steps (ratification, incorporation) before becoming enforceable nationally
Name and explain examples of national approaches with regarding to the integration of international law into national systems
National approaches:
1) Civil law countries (e.g., many in Europe): treaties become part of national law after parliamentary approval
2) Common law countries:
2.1) UK: treaties require incorporation through legislation
2.1) US: distinguishes between “self-executing” (directly applicable) and “non-self-executing” treaties (require legislation
Explain the modern practice of the relationship between international law/national law
Nowadays, courts often aim to interpret national laws consistently with international obligations, promoting harmonization between legal systems
What is the role of the UN Security Council with regarding to the enforcement of international law?
The UN Security Council can authorize enforcement actions like sanctions, peacekeeping, or tribunals, but its decisions are often influenced by political interests rather than legal principles
What is a self-help system with regarding to the enforcement of international law?
Self-Help System: States often must enforce law themselves through: countermeasures or retorsion (hostile but legal responses)
Why do states comply with international law despite weak enforcment?
Despite weak enforcement, states generally follow international law due to: reciprocity, reputation, economic and political costs of non-compliance and benefits of participating in international organizations
Explain what state responsibility ensures
State responsibility deals with the consequences when a state breaches its international obligations: it ensures accountability and helps maintain the international legal order
Name and explain the characteristics of state responsibility
Characteristics state responsibility:
1) Part of the “secondary rules” of international law, which focus on what happens after a violation
2) Main legal framework is the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), developed by the International Law Commission (ILC)
3) Only states can be held responsible under the rules of the ARSIWA, not international corporations (though individuals can be under international criminal law)
