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51 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: LAWS259 - International Law
1.1 What is international law Lecture notes Public international law is principally concerned with the relationship between sovereign states(e.g Australia, UK, USA) as opposed to federated states(e.g NSW). Eg, treaties, sea bed or war, how state A is to deal with the citizens of State B. PIL is a form of customary law since it derives largely from customary practices relating to the way in which sovereign state interact with each other. (like holding a neighbour meeting) Sovereign States Federate states: do not have legal personality(rights/responsibilities) e.g. QLD cant enter into a treaty with Texas. UN(non-state) have legal personality as well as European Union and WTO. Increasingly , individuals and corporations can enjoy rights and hold responsibilities in international law. • Certain non-state entities have legal personality (ie rights and responsibilities) in PIL Eg: United Nations, European Union, WTO • Increasingly, individuals and corporations can enjoy rights and hold responsibilities in international law – Eg: • the right to bring a complaint against a state before the European Court of Human Rights • Responsibilities under international criminal law (re serious crimes like genocide, war crimes, etc) Hall pg 2-3. 10-13 Concept of international law: the states were held to be the only subjects of international law and the only entities possessing legal personality on the international plane. This meant that only States could enjoy legal rights and be under legal obligations. After WW1, the definition of international law broadened to include international organisations and individuals. International law can no be defined as a body of rules and principles which regulates relations: I) among states and public international organisations II) between states and individuals in the field of international human rights III) between the international society and individuals who have committed international crimes.
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