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INTERNATIONAL LAWAS THE FRAMEWORK
FOR INTERNATIONALSOCIETY
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INTERNATIONAL LAW
- the rules and norms that states, and otheractors as subjects
of law, feel an obligation
to obey in their mutual relations andcommonly obey
- these rules and norms instruct members of
a given society about their behavior
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INTERNATIONAL LAW
- provides social order
- The main reason why laws work in anysociety is that subjects
willingly obey themwithout facing coercive sanctions
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INTERNATIONAL LAW
- States and other actors usually obey lawsbecause it is in
their mutual interest to do
so
- States convert understood rules andnorms into written law,
primarily as a
treaty
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THE SOURCES OF
INTERNATIONALLAW
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ORIGIN AND FOUNDATION
OF INTERNATIONAL LAW- Treaty of Westphalia of 1648
- Writings of Hugo Grotius (father ofinternational law)
- From its Eurocentric channel, flowed to therest of the world
through European trade
and colonization
- Natural Law and Positivism
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NATURAL LAW
- considered as the foundation ofinternational law in
seventeenth century
- ancient Greek and Roman thinking
- right principles of a divine origin were
available if reasoned out and followed
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POSITIVISM
- Challenged natural law as the foundation ofinternational law
in 17th and 18th centuries
- The practice of states define international law,that is, what
states agree to accept In the form ofcustoms and treaties
- Emphasis on sovereignty
- Practical and realistic
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SOURCES OF
INTERNATIONAL LAW- The Statute of International Court of
Justice identifies four specific sources of
International law:
Treaties
Customs
General principles
Judicial decisions
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TREATIES
- A written international agreementconcluded by states, and
sometimesinternational organizations, thatcommits the signatories
to futureterms of interaction
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TREATIES
- Primary source of international law
- States normally register them withthe United nations
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CUSTOMARY LAW
- Can become legal if they receiverespect and compliance over
time
- Recognized but unwritten law
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CUSTOMARY LAW
- Includes rules governing such diverse areasas jurisdiction
over territory, freedom of
the high seas, the privileges andimmunities of states, and the
rights ofaliens
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GENERAL PRINCIPLES OF
LAW- Guidelines used widely by states as a
source of law- Natural law can be a source of general
principle
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GENERAL PRINCIPLES OF
LAW- Some legal experts are reluctant to accept
general principles because it repudiate thepositivist
philosophy, relying only onformal treaties and general customs
asvalid law
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JUDICIAL DECISIONS
- The application and integration ofinternational law on the
national, or
municipal, level is called theincorporation of international
law
