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Law that governs the relations between states amongst each other
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consists of: International agreements, International custom, General principles of law, Law-making resolutions of int’l organizations
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Is a horizontal system (no suoreme legislator), Settlement of disputes: no compulsory court jurisdiction, limited enforcement mechanisms)
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has a vertical system (supreme legislator). Settlement of disputes: compulsory court jurisdiction
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Branches of International Law Today 开始学习
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General notions, History and Development, Sources of IL (Law of treatiers), Subjects of IL, Diplomatic and consular law, Population, International organization, Peacefull settlement of disputes, Law of military
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Branches of International law 开始学习
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Law of war, law of war and peace, law of peace and law of war
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lus cogends (peremptory norms)... 开始学习
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peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted
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In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.
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Sources of knowledge of law/ Sources of validity (binding force) of law > material sources, formal sources
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Customary (legal) rule: usus + opinio iuris 开始学习
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concerted practice of states making law; a general practice accepted as law
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concordant (uniform), uninterupted
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conviction that the practice is the law
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Geographical element of the custom 开始学习
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Temporal element of custom 开始学习
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nternational agreement Example: 开始学习
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Treaty rule: The Council shall consist of a representative of each Member State at ministerial level...
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Customary rule: Member States may be represented at meetings of the Council by state secretaries or even members of COREPER
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CLASSIFICATIONS OF INT’L AGREEMENTS 开始学习
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bilateral, open- closed, Signature, written - oral, main- additional, between states
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“treaty” means an international agreement ... in written form
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Title, Introduction, Operative part, Operative part, Korroboration, Final clauses, Signatures
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1., FULL POWERS 2. PREPARATION 3. CONCLUSION.
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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 the light of its object and purpose.
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