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History and notion of international law

History and notion of international law. Notion of international law. Branch of law that primarily regulates inter-state relations Peculiar feature: horizontal regulation, states are creating international law and subjected to it at the same time (domestic law: vertical legal order).

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History and notion of international law

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  1. History and notion of internationallaw

  2. Notion of international law Branch of law that primarily regulates inter-state relations Peculiar feature: horizontal regulation, states are creating international law and subjected to it at the same time (domestic law: vertical legal order)

  3. Comparison of domestic and international law Hierarchical (subordination) Authoritative Separation of powers Subject and legislator are separate State monopolizes violence Horizontal regulation Based on reciprocity Max. limited separation State is both subject and creator of law SC exceptionally

  4. Judicialdisputesettlement of disputesbasedoncompulsoryjurisdiction, hierarchicaljudiciary Numerouslegalsubjects Graveviolation of law is frequent Creation of law is easy Jurisdiction is based on consent, possibly more than one court (fragmentation) Relatively small number of legal subjects Grave violation of law is exceptional Difficult

  5. Subjects of international law State (primary and original subject) International (intergovernmental) organizations Individual in specific situations (eg. International criminal law) Special subjects: national liberation movements, belligerents, orders (Sovereing Order of Malta and Jerusalem), Holy See Mankind? Future generations?

  6. History of international law Certain institutions appeared very early 2100 BC: Treaty defining borders between Umma and Lagas (Sumerian city states) 6 – 4. century BC: treaties between Greek states, early form of consul (proxenos) Rome: jus gentium

  7. BUT: state-centered system of international law only evolved since the XVIIth century Hugo Grotius (1583-1645): „father” of international law 1648. Treaty of Westphalia: principle of sovereign equality Sovereignty centered conception of international law (Emeric de Vattel) Jeremy Bentham: international law (instead of law of nations) Until mid-XXth century: traditional international law, based on Great Power privileges, institution of war

  8. 1945. UN Charter: new international legal order Focus is on the protection of international peace and security Prohibition of the threat and use of force Settlement of disputes by peaceful means Full (formal) sovereign equality Peoples’ right to self-determination Importance of human rights

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