Law 3101A/B Study Guide - Quiz Guide: Peace Of Westphalia, Soft Law, Legal Positivism
16 Oct 2018
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After world war ii legislation was used more to create new law: Lex mercatoria administrative law: - regulates relations between government and its citizens (positive law, state- made law, national law) Human rights: - rights of individuals against their government. Responsibility of national states to protect human rights = protect citizens against the national states themselves. National judges decide whether state has violated a human right. After ww ii human rights came to be protected via treaties (european convention on human rights, ) States which committed themselves to protection of human rights, have commitments which are outside their control (echr can give interpretations of the european convention that binds states) ius cogens: - set of norms of intern. States can be bound by human rights to which they didn"t consent (norms) Eu law: - treaties creating eu law, give institutions eu power to create. Rules bind member states + their individuals.
