LAWS 2601 Lecture Notes - Administrative Division, International Criminal Law, Pith
7 Jul 2014
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Whatever is covered for reception of intl in domestic law is on the midterm. Arrive by 9:45 (latest can come in earlier to have questions answered at regular time), exam starts at 10. 30 matching multiple choice (30 marks) and two short essay questions. (40 marks for short essay qs: part a = 30mins, b = 60. Founded on idea that law comes from behaviour and belief of states. It is possible to have an oral treaty, but it is not covered by the vienna convention on law of treaties. Article 38(1) has sources of international law (hierarchy), and a and b are treaties (conventions, pacts, protocols) and customs. They are the twins: in order to prove a custom is a rule, you need to prove general practice and that it is accepted. Consent is found in consistent behaviour (objective) and believe in mutual obligation (subjective): law is created in positivism, not found.
