public international law
14 flashcards · Law · by Clemens Wolfmair
ubi societas, ibi ius
there is no society without legal order. means, that every society requires law for the maintenance of peace and harmony.
idea of law
law is regarded as the element that binds members of the society together in their adherence to recognised values and standards
The important difference to national law is that the principal subjects of international law are nation-states rather than individual citizens.
public international law, what is this?
set of rules which governs the relationship between subjects of international law and constitutes international law. this kind of law is largely decentralised; there is no single legislature, executive or judiciary responsible for the creation, enforcement and interpretation
The determination of the subjects of international law is closely linked to the question of who can bear direct rights and duties. This mainly applies to states and international organisations
International law may be divided into..
public international law and private international law (conflict of laws)
private international law (conflict of laws)
is the body of rules of domestic law that applies when a legal issue contains a foreign element and it has to be decided whether foreign law should be applied within the national legal system or whether jurisdiction of a foreign court is established (e.g. IPRG in Austria)
NOT considered public international law are..
private international law other substantive law which constitutes international law but is addressed to private subjects of law (e.g. UN Sales Convention CISG) comity (Höflichkeit), which are principles of rules of politeness, convenience or goodwill that are observed by governments and courts although not legally binding
differentiations of public international law
primary PIL, secondary PIL, Universal PIL, Particular PIL, Regional PIL
Primary pil
is law created by subjects of international law (treaties or practice which in combination with opinio iuris leads to customary international law) or law that applies as general principles of PIL
secondary PIL
comprises “internal” law that is created by institutions of international organisations based on their statute and in line with the procedures established therein
Universal PIL
– refers to rules which bind all states and subjects (e.g. universal customary international law)
particular PIL
– is only applicable to a limited number of subjects of PIL (e.g. treaty law)
regional PIL
is particular PIL that is applicable to a group of subjects linked geographically which recognise special rules that apply only to them. (e.g. regional customary international law only applicable in Latin America or the founding treaty of the OAU (now African Union))