public international law
DESCRIPTION
LECTURE ON PUBLIC INTERNATIONAL LAWTRANSCRIPT
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PUBLIC INTERNATIONAL LAW – is a branch of public law which regulates relations of states and of other entities which have been granted international personality.
Main Divisions:
1. Laws of Peace;2. Laws of War; and3. Laws of Neutrality
Sources:
1. Primary –a. International treaties and conventions;b. International customs; andc. General principles of law
2. Subsidiarya. Decisions of courts; andb. Teachings of publicists.
International Custom – long-established way of doing things by states under conviction that it is obligatory and right.
BASIS OF INTERNATIONAL LAW
1. Law of Nature School – based on rules of conduct discoverable by every individual in his own conscience and through application of right reasons.
2. Positivist School –international law is based on consent of states and on such consent only.3. Ecletic or Grotian School – a compromise between the first 2 schools and submits that
international law is binding partly because it is good and right and partly because states agreed to be bound by it.
Sanctions Influencing Observance of International Law:
1. Belief in the inherent wisdom of law2. Habits of obedience;3. Fear of reprisals or punishment;4. Respect for world opinions; and5. United Nations.
Comitas Gentium – comity or courtesy among nations.
Functions of International Law:
1. Promote international peace and security;2. Foster friendly relations among nations and discourage use of force in resolution of differences
among them;
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3. Provide for orderly regulation of conduct of states in their mutual dealings; and4. Insure international cooperation in pursuit of certain common purposes of an economic, social,
cultural or humanitarian character.
DISTINCTIONS
INTERNATIONAL LAW MUNICIPAL LAW1. Law of coordination 1. Law of subordination2. Regulates relation of states and other
international persons2. regulates relations of individuals among themselves or with their state
3. Derived principally from treaties, international customs and general principles of law
3. consists mainly of statutory enactments, and to lesser extent executive orders and judicial pronouncements
4. Enforced by subject themselves through methods of self-help
4. enforced by regular and pre-existing machinery for administration of justice.
5. Entails collective responsibility 5. Entails individual responsibility