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Part II: Structures and Mechanics of International Law - Coggle Diagram
Part II: Structures and Mechanics of International Law
Sources of International Law
Treaties
Vienna Convention on the Law of Treaties (1969)
treaty about treaties
contains a set of default rules that apply to the will of the parties
"an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or in two or more related instruments and whatever its particular designation"
who can conclude a treaty? (Article 7)
a person with full powers
a person assumed to have authority
a person with a certain government position
stages of consenting to a treaty (Article 11)
ratification
acceptance / approval / (accession)
signature
other (article 12-17)
interpretation of treaties
"A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in light of its object and purpose"
Whaling example -> for purpose of scientific research
amendment of treaties
VCLT, Article 39: treaties can be amended by agreement ('Protocols')
VCLT, Article 40: requirements for amending multilateral treaties
Jus Cogens
VCLT, Art 53: A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law
VCLT, Art 64: If a new preemptory norm emerges, any existing treaty in conflict with it becomes void and terminates
treaty suspension/termination
termination/withdrawal/suspension by consent Art 54 / 57
termination/withdrawal/suspension other than by consent Art. 62-64
Example: Gabcikovo-Nagymaros (Hungary/Slovakia) WATCH PART OF LECTURE ON IT
Impossibility of performance (Art 61(1))
Fundamental change in circumstances (Art 62(2))
Customary law
Making of IL / sources of IL
"a source of law creates rights and obligations for the subjects of the society it regulates"
IL permissive or prohibitive?
SS "Lotus" decision of the PCIJ 1927
"restrictions upon the independence of States cannot therefore be presumed"
IL is a permissive system
SS "Wimbledon", Britain et al. v. Germany (1923)
violation of the treaty of Versailles
Germany says article 380 is infringement on sovereignty
"the rights of entering into international engagements is an attribute of State sovereignty"
ICJ Statue, Article 38(1)
b. court applies international custom accepted as law
c. court applies general principles of law
a. court applies treaties to recognizing, contesting states
d. court applies the teachings of most highly qualified publicists as subsidiary in determination of rules of law
hierarchy of sources
article 38(1) does not establish a hierarchy of sources, consensus is...
treaties and customary law can supersede each other and exist alongside each other
general principles (and teachings) will normally only be resorted to if there is a situation where there is neither an applicable treaty nor an applicable rule of customary international law
General Principles
Subjects of International Law
International Courts and Tribunals