LLB343 Lecture Notes - Lecture 1: Multilateral Treaty, Municipal Law, Hugo Grotius
SEMINAR WEEK 1 –
TOPIC 1 – DEFINITION, NATURE AND ORIGINS OF
INTERNATIONAL LAW:
Traditional position – individuals are objects, rather than subjects issue: war crimes
(metaphor of ‘rapid dog’) individuals became subject to the consequences of certain
aspects of international law
International law v municipal law:
Municipal law:
oRelates to the individual (natural or artificial)
Includes the State
Object rather than subject
oDerived from a central system
Central document – Constitution
oSource – legislation + cases
oBalance between flexibility and certainty is swayed towards CERTAINTY
International law:
oStates are the SUBJECT
Concerned with relations between states
Primary considerations are the interests of states
oPre WWII it was ONLY states
Individuals and organisations (UN) did not have legal standing
oHorizontal orientation
No higher level or hierarchy
UN is not an international Parliament
Simply acts as a forum
Law is created by States
Subject to their own laws/agreements
oNo uniform international law
Law is fragmented
oAll States are equal
oSources – treaty + custom
oBalance between flexibility and certainty is swayed towards FLEXIBILITY
Differences:
oSubjects
oSources
oStructure/orientation
Custom:
By nature – nebulous and vague
oSometimes purposely written ambiguously
Differences in interpretation
oTreaties have the same issue
No need for matters to be brought before Courts in international law
Part of state sovereignty
oJudges cannot create law (as they can in a municipal system)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Topic 1 definition, nature and origins of. Traditional position individuals are objects, rather than subjects issue: war crimes (metaphor of rapid dog") individuals became subject to the consequences of certain aspects of international law. Municipal law: relates to the individual (natural or artificial) Object rather than subject: derived from a central system. Central document constitution: source legislation + cases, balance between flexibility and certainty is swayed towards certainty. International law: states are the subject. Primary considerations are the interests of states: pre wwii it was only states. Individuals and organisations (un) did not have legal standing: horizontal orientation. Subject to their own laws/agreements: no uniform international law. Law is fragmented: all states are equal, sources treaty + custom, balance between flexibility and certainty is swayed towards flexibility. By nature nebulous and vague: sometimes purposely written ambiguously. Differences in interpretation: treaties have the same issue. No need for matters to be brought before courts in international law.
