LAWS 2601- Midterm Exam Guide - Comprehensive Notes for the exam ( 65 pages long!)
5 Oct 2017
School
Department
Course
Professor
Document Summary
What is public international law (il): pre-20th century law governing relations between states (the only subjects of il, 20th century expansion of subjects/ legal personalities of il, inclusion of intergovernmental organizations & individuals, ex. Icj recognized intergovernmental organizations do have legal personality. Individuals are subjects to international law: recognized by il as being potentially culpable for the commission of crimes. Il distinguishes from: municipal/domestic law, what goes on inside states, public il distinguished from private il (lex mercatoria/ conflict of laws) If something goes wrong, you have to seek out a response. Il fails austin"s test lacks such determinate bodies: lacks vertical relations of authority, no clear enforcement mechanisms or court structures. Is impotent/ineffectual: courts render decisions without any enforcement authority, ex. Laws2601 session 1: legal pluralism recognizes a multitude of law-like systems that operate in our daily lives, absence of sovereign to enforce compliance w the rules condemn il, horizontal system based on consensus, consent & reciprocity.
