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U11-International law and Globalization - Coggle Diagram
U11-International law and Globalization
Concept of IL
international law of coexistence
international law of cooperation
international law of globalised world
Development of IL
Final act of the congress of Vienna in 1815
League of Nations (1920)
United Nations (1945)
Effectiveness of IL
instruments enforcing IL
negotiations, mediation, arbitration
factors contributing to the effectiveness of the IL
propensity to comply
legitimacy and fairness
positive sanctions
negatives incentives
reciprocity
reputation concerns
factor internal to states
efforts through market forces and private actions
Sources of IL
main sources
international convention
international custom
the general principles of law
decisions based on the most qualified in the given problem
Customary IL
statehood, state borders, environmental protection, etc
elements
state practice
acts (national legislation, statements made by government)
believe that the practice is required by law `opinion iuris'
fills the void when there is no relevant treaty, binds states that have not explicitly consented to relevant rules
Treaties
definition
legally binding agreement
governed by IL
deliberately concluded
by two or more subjects of IL that have treaty making capacity
Freedom of content, form and conclusion
Vienna Convention on the Law of Treaties - specific rules dealing with treaties
interpretation
good faith
in accordance with the standard meaning to be assigned to the terms of treaty
in the context and in the light of object and purpose
The subjects of IL
States
permanent population
defined territory
effective government
capacity to enter into relations with other states
International Organisations (IOs)
permanent basis
based on IL
by at least 2 subjects of IL
in order to pursue specific tasks
using its own organs
types
Universal (UN)
regional (EU)
classic (UN)
Supranational (EU)
United Nations
peace and security, development of relationships, international cooperation and respect for human rights
Organs
General assembly
all members have 1 vote
two-thirds majority or majority of the present
general consensus takes place usually
Security council
UN's executive body
responsibility of peace and security
5 permanent members and 10 changing every 2 years
voting rules p771
Secretariat
appointed by general assembly upon the recommendation of Sec. council
brings matter into attention of the sec council
ICJ
judicial organ of the EU
15 judges from 15 countries
resolution of disputes and so on