1st Report - General Principles
-
Upload
sharlica1990 -
Category
Documents
-
view
222 -
download
0
Transcript of 1st Report - General Principles
-
8/2/2019 1st Report - General Principles
1/7
Firstusedin1780.
Beforethat,thetermislawofnations. Only states (19th century), until it developed.
Now, it consists of rules and principles
dealing with the conduct of states and
international organizations and theirrelations with person, whether natural orjuridical.
General International Law refers to a largenumber of states, on the basis of either
customary international law or multilateraltreaties
Universal international law
if such rulesbecome binding upon all states.
RegionalInternationalLaw appliesonlytocertaingroupsofstates.e.g.lawofthe
EuropeanUnion
ParticularInternational
Law
rules
which
are
bindingupontwoorfewstatesonly.
Thisiscontroversialbecauseoftheproblemoftheitseffectivenessandenforcement.
Why?Becauseoflackofsanctionsincasesofviolationofinternationalnormsascompared
tomunicipal
law.
one s a e comm s an ega ac aga nsanother state, what is the available sanction?
One is selfhelp. Some forms of selfhelp arecountermeasures, such as retorsion and
.
Retorsion is a lawful act which is designed ton ure e wrong o ng s a e or examp e,
cutting off economic aid (this is lawful becausethere is no legal obligation to provide economicaid, apart from under special treaty provisions).
Reprisalsareactswhichwouldnormallybeillegalbutwhicharerenderedlegalbyaprior
illegalactcommittedbytheotherstate.
Statesuccession stateresponsibility peaceandsecurity thelawsofwar thelawoftreaties thelawofthesea thelawofinternationalwatercourses
theconductofdiplomaticrelations
international
organizations economyand
development
airlawandouterspaceactivities theuseoftheresourcesofthedeepsea theenvironment,communications; theinternationalprotectionofhumanrights.
-
8/2/2019 1st Report - General Principles
2/7
-
8/2/2019 1st Report - General Principles
3/7
-
8/2/2019 1st Report - General Principles
4/7
-
8/2/2019 1st Report - General Principles
5/7
-
8/2/2019 1st Report - General Principles
6/7
-
8/2/2019 1st Report - General Principles
7/7
Article 38(2) of the Statute of theInternational Court of Justice (ICJ) provides
that the court may decide cases ex aequo et
bono, but only where the parties agreethereto. In 1984 the ICJ decided a case using"equitable criteria" in creating a boundary in
the Gulf of Maine for Canada and the US.
t s ou t u w et er equ ty s a source ointernational law at all; even if it is, the
indicate that it is, at most, a very lowranking.
However, when a tribunal is authorized todecide ex aequo et bono, the tribunal isallowed to substitute its own ideas of equityfor any and every rule of international law.
NOTE:Differentsourcesofinternationallaw
arenotarrangedinastricthierarchicalorder.
Supplementingeach
other,
in
practice
they
areoftenappliedsidebyside.However,ifthereisaclearconflict,treatiesprevailovercustomandcustomprevailsovergeneral
principlesandthesubsidiarysource.
The Philippines renounces war as aninstrument of national policy, adopts the
generally accepted principles of internationallaw as part of the law of the land and adheres
to the policy of peace, equality, justice,freedom, cooperation, and amity with all
nations. (Article II, Section 2, 1987Constitution)