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Agust Lecciones Derecho Negocios Presentacion
Agust Lecciones Derecho Negocios Presentacion
Topics covered:
What is International Law?
The Making of International Law
Sources of International Law
Scope of International Law
International Persons
Lecture 1
1. Defined: The body of rules and norms that regulates activities carried on
outside the legal boundaries of nations.
a. Three international relationships are governed by international law:
1) Those between nations and nations.
2) Those between nations and persons.
3) Those between persons and persons.
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a. Rules governing treaties:
1) Traditionally customary.
2) Now codified in the Vienna Convention on the Law of Treaties (in force
since 1980).
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3. Custom
a. Defined: Rules that have been around for a long time or which are generally
accepted.
1) Usus: Consistent and recurring action (or lack of action if the custom is one of
noninvolvement) by states.
2) Opinio juris et necessitatis: Belief by states observing a custom that it is as one that
they must obligatorily follow.
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Judicial decisions
Teachings of publicists.
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b. Determining if International Law has been Received into the Local
Jurisprudence (continued)
1) Treaty law:
1] Self-executing
2] Non-self-executing
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E. INTERNATIONAL PERSONS
States
Intergovernmental organizations (IGOs)
Nongovernmental organizations (NGOs)
Individuals
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1. States
1) A territory.
2) A population.
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1. States (continued)
b. Kinds of states:
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1) Independent: free from political control of other states.
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3) Recognition of government:
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4) Problem: How to avoid the implication that recognition also means approval of
a particular government?
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d. Territorial Sovereignty: the right to exercise the functions of a state within a territory
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1) Not an absolute right - for example:
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a) Public property:
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2. International Organizations
a. Characteristics:
1) Permanent.
b. Examples:
1) European Union
2) United Nations
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1) Legal capacity: the right to carry on diplomatic relations with states and
to sue and be sued in international tribunals.
a)Acquired by recognition.
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3. Nongovernmental Organizations
1) Other names:
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a) Multinational Enterprises (MNEs)
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2. Evolving view:
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