JUDr.

Tom Pezl

INTERNATIONAL LAW AND

COURTS

International Law
Defining International Law textually:

International: pertaining to the

relations between nations
Nation: a political state

Law: body of rules, flowing from

enactment or custom, regarded as binding

Therefore, textually, International Law is

the body of rules flowing from formal
enactment or from custom pertaining to
the relations between political states and
regarded as binding on those states

International Law

Broadest definition too broad:

International Law comprises the quasi-ritualistic
habits of behaviour between different peoples that
give some certainty to relations between these
peoples
Cicero: one eternal and unchangeable law
will be valid for all nations and all times,
and there will be one master and ruler, that
is, God
Complex of legal norms ensuring peaceful
existence and continuous development of
international community
Its a legal system that binds sovereign states

 Law of Nations: the law which

has received obligatory force from
the will of all nations, or of many
nations (Grotius)
International law is the law of
nations, and is therefore a system
of rules regarded as binding on
states in their mutual relations
International law is also a body of
law that increasingly regulates how
states act within their zone of
traditional sovereign authority

Political differences
Domestic politics: a single
body government has a
monopoly on the use of force
International politics: no one
body or state has a
monopoly on the use of force
Produces a system of selfhelp

Social differences
Domestic politics: well-ordered
sense of common community
and values
International politics: no
common values or sense of
community
Instead, the threat of use of
force produces a focus on state
survival

Legal differences
Domestic politics: law is
generally obeyed and there
are sanctions levelled for
violations
International politics: laws (it
is said) are often not obeyed,
and there are no real
enforcement mechanisms (at
least against powerful states)

Summary
Legislator = subject of international
law = i.e. states
Principle of sovereign equality
Each state is sovereign and it is
prohibited that one state would be
subject to power of other state.

international law = coordinative

character
Basic principle = Pacta sunt
servanda ("pacts must be
respected" )

Subjects of international
law
Subject: each unit (entity) to which
has been ability to rights and
duties confessed, as well as ability
to legal acts
Subjects of international law:
States
International governmental
organizations
special subjects

State

3 basic elements:
territory,
population,
sovereign power

Distinct moments:
creation (secession, separation,
association)
extinction (separation, conquest,
association)

International organization
Governmental
associations of states that on basis
of legal act (international treaty)
provides certain activity for its
members
their subjectivity is derived from its
member states and is limited by the
scope of its existence.

Non-governmental
association of private entities
posses no international legal
subjectivity at all

Special subjects
International Committee of Red
Cross
International Cities
Sovereign Military Hospitaller
Order of St. John of Jerusalem of
Rhodes and of Malta
Holy See

Individual

Generally not regarded as

subject of international law
may be recipient (object)
development of human rights
protection increases number of
rights guaranteed to individuals
by international law

Sources of law
Art. 38 par. 1 Statute of International Court of Justice
The Court, whose function is to decide in accordance with
international law such disputes as are submitted to it,
shall apply:
a)

international conventions, whether general or

particular, establishing rules expressly recognized by
the contesting states;

b)

international custom, as evidence of a general

practice accepted as law;

c)

the general principles of law recognized by civilized

nations;

d)

judicial decisions and the teachings of the most

highly qualified publicists of the various nations, as
subsidiary means for the determination of rules of
law.

Relationship
between international and national
legal systems
Monism there is only one law
and one legal system that has
multilevel structure and composed
of many sub systems
monism with supremacy of
international law
monism with supremacy of national
law
Supremacy means legal power of
the sub-systems in mutual
relationship.

 Dualism two separate legal

systems international and
national law.
penetration of one to the other is
possible only on the basis of explicit
acceptance of the other legal system
- implementation
Implementation of norms of
International law = method how to
make international law norms legally
binding in the domestic law.