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INTERNATIONAL LAW

INTERNATIONAL LAW. (International Class). Why do you want to study ‘international law’?. LAW OF NATIONS (Session 1 & 2). What is meant by the term “nation” or “state”?. Please give your opinions and arguments?. The definition of ‘nations’ or ‘states’. Political bodies Societies of men

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INTERNATIONAL LAW

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  1. INTERNATIONAL LAW (International Class)

  2. Why do you want to study ‘international law’?

  3. LAW OF NATIONS(Session 1 & 2)

  4. What is meant by the term “nation” or “state”? Please give your opinions and arguments?

  5. The definition of ‘nations’ or ‘states’ • Political bodies • Societies of men • Who have united together and combined their forces • In order to procure their mutual welfare and security

  6. WHAT IS MEANT BY THE LAW OF NATIONS? • The Law of Nations is the science of the rights exist between Nations and States, and of the obligations corresponding to these rights

  7. Is the Law of Nations another name of International Law?

  8. What is international law? • Please give your opinions about the meaning of the following terms: • “INTERNATIONAL” • “LAW” • “INTERNATIONAL LAW”

  9. The meaning of international law • Modern approach: “the body of law that regulates the activities of entities possessing international personality” • Traditional approach: “the conduct and relationships of states”

  10. The division of international law PUBLICINTERNATIONAL LAW (INTERNATIONAL LAW) PRIVATE INTERNATIONAL LAW (CONFLICT OF LAWS)

  11. What is “private international law”? • The body of law of law that regulates the relations between persons and entities in different states • Private international law = “conflict of laws”

  12. SOURCES OF INTERNATIONAL LAW • Primary sources: • International treaties • Custom • General principles of law • Article 38 of the Statute of the International Court of Justice (your homework for the next meeting discussion)

  13. Article 38 of ICJ Statute • International convention, whether general or particular, establishing rules expressly recognized by the contesting states; • International custom, as evidence of a general practice accepted as law; • The general principles of law recognized by civilized nations; • Subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

  14. The meaning of the three primary sources of international law • International treatylaw is comprised of obligations states expressly and voluntarily accept between themselves in treaties. • Customary international law is derived from the consistent practice of states accompanied by opinio juris, i.e. the conviction of states that the consistent practice is required by a legal obligation. • General principles of law is the legal principles common to major legal systems.

  15. Interpretation of International Law • Article 31(1) of the Vienna Convention on the Law 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 the light of its object and purpose”

  16. The components of Art.31(1) • “Ordinary meaning”: a restrictive interpretation which bases on the actual text (the textual approach). • “In their context”: the idea behind the treaty; what the writers intended when they wrote the text (the subjective approach). • “in the light of its object and purposes”: the interpretation that best suits the goal of the treaty (the effective interpretation approach).

  17. SOME BRANCHES OF INTERNATIONAL LAW • International criminal law • The law pertaining to use of force • International humanitarian law • Law of the Sea • Diplomatic Law • Consular Law • Law of State Responsibility • International environmental law • International space law

  18. Why these areas should be regulated by international law?

  19. Law and the International System(Session 3 & 4)

  20. What is required by the “International System”? • A normative system (to achieve our common values) • A process that regulates competing demands • A framework for predictable and agreed community behaviour Please give your opinions and examples of the three requirements above.

  21. Fundamental conflicts over international law The concept of “a nation-state” (nations controlled by a centralized system of government) • Do you agree with “the supra-nationalism” under the ruling of NAZI?

  22. Fundamental conflicts over international law Relations between nation-states were dictated by Treaty, unenforceable agreements to behave in a certain way towards another state • What is your opinions regarding the concept of “Countries Blocks” (Western Block: NATO & Eastern Block: Warsawa Pact)?

  23. Fundamental conflicts over international law • The nation-state as the primary unit of international affairs • State may choose voluntarily to enter into commitments under international law • The creation of the United nations as an international law making body Do you agree that the UN endanger nation states by taking power away from state government and ceding it to an international body?

  24. Fictitious Case • The Apple Republic is an independent state but there are many rebellions in its territory demanding for a new independent state separated from the Apple Republic. States in the region in which this new republic located have entered into a regional peace treaty. The treaty regulates that each state may only have 20.000 armies and 5.000 planes for air force. The Apple Republic has 30.000 armies and 15.000 planes. The Apple Republic has been criticized by other states in the region for its over-limited military planes.

  25. Fictitious Case • Group A: the head of the regional organization (International Fruits Organization) • Group B: the Apple Republic • Group C: the international law counsel from a neutral state (a mediator of International Animal Organization)

  26. Moot Court (International Fruits Organization vs The Apple Republic )

  27. MOOT COURT REGULATIONS • Group C (International Animals Organization): • Making an opening statement • Describe briefly the facts of case • Make a conclusion and decision (summarize the case & arguments) • Group A (International Fruits Organization): • Restate the facts of case • Advance problems raise from the Apple Republic • Advance arguments • Defend the arguments • Group B (The Apple Republic) • Restate the facts • Provide justification to the case • Advance counter-arguments • Defend the counter-arguments

  28. MOOT COURT SCENES Group C (point 1 & 2) Group A (point 1 & 2) Group B (point 1& 2) Group A (point 3) Group B (point 3) Group A (point 4) Group B (point 4) Group C (point 3)

  29. Thank You & See You Again In The Next Sessions

  30. SHARING INFORMATION ON INTERNATIONAL ISSUES • Prior to the beginning of the class, one of you should stand up in front of the class and share your information on international issues around the world. • You may get the information from TV, radio, newspaper, magazines, Internet, etc.

  31. INTERNATIONAL LAW WITHIN THE STATE(Session 5 & 6) What is the function of international law in a state?

  32. Is there a relationship between international law and national law (municipal law)?

  33. THEORIES REGARDING THE RELATIONSHIP BETWEEN INTERNATIONAL AND NATIONAL LAW (MUNICIPAL LAW) Monism Approach DUALISM Approach

  34. MONISM APPROACH • International and municipal law as a single legal system. • Legal regulations as a single legal system binds states and individuals. • Do you agree with monism theory?

  35. DUALISM APPROACH • international and national law are distinct legal orders (they are not parts of a unified whole). • Do you agree with dualism theory?

  36. How do a national court adopt an international law based on monism and dualism theories?

  37. Discuss With Your Partner • The French Constitution provides that treties are “law” that must be applied within the French legal system. Does France adopt monism or dualism approach?

  38. THE APPLICATION OF MONISM THEORY IN A NATIONAL COURT • Treaties (conventions) and the orders of international organizations are applicable/ effective without any action being required to convert international law into municipal law. International Law National Court automatically

  39. THE APPLICATION OF DUALISM THEORY IN A NATIONAL COURT • National court may only apply international law when the law has been incorporated into national law or when the court incorporate international law on its own motion. International Law Adoption/ incorporation National Law

  40. Do You Think That International Law May Conflict With National Law?

  41. International Law vs National Law Can a state breach its obligation in international law on the ground that its national law prevails international law?

  42. The statement of the Permanent Court of International Justice (ICJ) ‘A state cannot adduce as against another state its own Constitution with a view to evading obligations incubent upon it under international law or treaties in force’

  43. Hypothetical Case • Kumkum is a President of Lo-Han-Kuo state. His country is very advanced in technology. The neighboring country, the Republic of Beng-Beng is experiencing a civil war between white and black people. The government is “pro” to white people and starts to suppress black minority people. The opposition leader of Beng-Beng Republic, Mr.Adum and his followers were almost killed by the government troops. Hence, they decide to flee to Lo-Han-Kuo state. President Kumkum does not want to involve with the internal war in Beng-Beng Republic, so he decides to refuse Mr.Adum and his followers. • Lo-Han-Kuo state ratifies the 1951 UN Convention Relating to the Status of Refugees.

  44. Hypothetical Case • Definition of Refugees Under the 1951 UN Convention covers “persecution based on race, religion, nationality, etc. • Can President Kumkum refuse Mr.Adum and his followers?

  45. Thank You & See You Again In The Next Sessions

  46. SUBJECTS OF INTERNATIONAL LAW(Session 7 & 8)

  47. WHAT IS THE MEANING OF “SUBJECT OF LAW”? Please discuss with your partner

  48. SUBJECTS OF INTERNATIONAL LAW • ENTITIES OR ELEMENTS; • HAVE A CAPABILITY TO CONDUCT LEGAL ACTS IN THE FIELD OF INTERNATIONAL LAW. • POSESS RIGHTS AND OBLIGATION UNDER INTERNATIONAL LAW.

  49. SUBJECTS OF INTERNATIONAL LAW THE UNITED NATIONS PEOPLE REPUBLIC OF CHINA Israel PLO VS VATICAN MAN OR WOMAN

  50. SUBJECTS OF INTERNATIONAL LAW • STATE; • INTERNATIONAL ORGANIZATION; • HOLY THRONE; • INDIVIDUAL; • BELIGERENCY. Please give examples of each component of subjects of international law

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