LAWS1023 Final: Public International Law Final Exam Study Guide
Document Summary
Nature of public international law (a) a working definition. An obligatory regime of principles and rules that regulates relations among states, and individuals and other non-state actors . Renders the international legal system horizontal in nature. While natural law exists above states, positivism considers international law as existing between states comes with a laissez faire approach to state behaviour. Remains imbued with eurocentric values: modern tension that arises: sovereignty of state but also obligation of human rights when can one interfere to protect the human rights in another state, organs, general assembly. All states have equal vote (reflection of article 2(1)). Where action is required it must be referred to the sc: security council. 9 votes including those of the permanent members. Vote may still go ahead if permanent member abstains: often trying to squeeze modern situations (more technological etc. ) into rules that were designed for traditional warfare, international court of justice (icj)
