LLH201 Lecture Notes - Lecture 4: Opinio Juris Sive Necessitatis, International Criminal Court, Statutory Interpretation
Document Summary
The legal system that applies between sovereign states and other entities that have international personality. Traditionally international law was limited to nation states. Evolution of the law to include non-state actors, such as, international organisations. Governs a wide range of matters, for example, the conduct of diplomatic relations, trade agreements, criminal law and human rights. Governs legal issues that have an international elements. E. g. a contract between a person in australia and a person in america. International law indirectly affects australian domestic law through: statutory interpretation, developing the common law, creating legitimate expectations in administrative decision making, constitutional interpretation. Means that international law is relevant for the domestic lawyer. Judicial decisions and the teachings of the most highly qualified publicists (subsidiary source) States are generally only bound by laws that they have consented to be bound by. International agreements between states - can either be bilateral or multi-lateral.
