INTERNATIONAL PUBLIC LAW

Alberto Iglesias: ​alberto.iglesias@uc3m.es

GRADING
- 40% Final exam: 2 out of 4 questions in 1hour
- 60% Continuous assessment
- 30% mid term tests
- 10% online recap tests
- 10% paper submission: from Friday to Sunday
- 10% oral participation
BOOK:​ Rebecca Wallace International Law

Introduction
SCOPE: How broad international Law is.
Stating of what is not is easy but what it is, is not so easy. Regulation that falls
into domestic law is not (not of one country). Not the conflict of laws or private
international law that is the application of domestic law in another country. Private
matters and public matters are very engaged to each other, there are connecting points.
The intervention of the state makes it being international law.

DEFINITION
System that​​ regulates the conduct of states (classic) There are many agents
different of states that build international law e.g. ONU resolutions, International Court
of Justice, Satellites Organization… The definition changes: ​regulation of the conduct
of entities with international personality​​. The international organizations are very
active at producing internat law. This is the contemporary notion.

NATURE
Characteristics:
- States are considered as equally sovereign.​ Sovereignty: states that are
self-governed: the decisions are their own: not forced by other countries.
No interference in other countries decisions.: Autonomy. Own power
making decisions and responsible of their own actions.

- No one is a central authority: ​it is a decentralised system: public int law.

Horizontal. Customary: we have to make a narrow description between
law making and fact finding. Self-limited: it is up to the state to do it or not
after entering an agreement. The rest of countries can not do much
because all of them are sovereign of their own. Expanding subject: many
small objects where it focuses on.
*Specific characteristics of Public International Law:

1. Horizontal.​​ There is not a central authority the ones that creates law. Due to the
free will of states law is created through a bottom up system.
2. Decentralised​​. It depends on the individual implementation of laws from many
different entities with international personality.
3. Customary.​​ International law was prior to codification and many of their
principles were already performed before establishing the specific law. In other
words, facts have turned into obligations because custom is one of the law
making sources.
4. Self limited. ​The scope of each law it is contained in its own and does not enter
in contradiction with other agreements.
5. Unforced​​. There are no general rules of enforcement if the guidelines are not
followed. It is an expanding subject as well, because little by little there is an
awareness of social issues that classic international law didn’t contemplate and
the principles of civilized nations are expanding more and more.
6. Framework.​​ It is very broad and its provisions are very general and should be
developed in specific national laws.

Is it law?
No democratic process, no central authority,.. so:
- No, it lacks an enforcement system: no sanctions, no judge or courts; it is false
- No, it lacks of effectiveness: countries can say no; today there are courts of
international law so it is false
- Yes, as it regulates obligations, mandates, responsibilities, etc.
- Yes, as States behave according to international law: it is effective

FOCUS
Contemporary international legal system
- History:​​ milestones: end of the second world war: after that there is
classic international law
- Principles
- Sources: ​customary law
- Subjects
- Applications
- Use of force regulation
- Peaceful settlements
- Jurisdiction
- Public Goods