POLI 483 Lecture Notes - Lecture 3: Law Of Obligations, Law, Bilateralism
7 Mar 2018
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Document Summary
We don"t have law in the international system because we don"t have institutions that impose secondary rules aside from primary rules of obligation (things you can do and how you can do them) However for it to be law you need secondary rules. Rules of recognition - how we know it"s a rule in the rst place. Rules of recognition - we know we have law aka constitution. Rules of adjudication - at domestic level which tells the courts what they have to do or interpret laws - there was no courts of general application - the system is primitive. Critiques of hart suggest his theory was true until the 1969 vienna. Convention when there was a convention on the creation of treaties. There is a set of law suggestion how contracts should be made however the content of the contract itself are not lawful. This means they are political agreements between states and agree to follow.
