LAWS 2601 Lecture Notes - Lecture 1: Lex Mercatoria, International Law Commission, Retorsion
21 Aug 2017
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What is public international law (il): pre-20th century law governing relations between states (the only subjects of il, 20th century expansion of subjects/ legal personalities of il, inclusion of intergovernmental organizations & individuals, ex. Icj recognized intergovernmental organizations do have legal personality. Individuals are subjects to international law: recognized by il as being potentially culpable for the commission of crimes. Il distinguishes from: municipal/domestic law, what goes on inside states, public il distinguished from private il (lex mercatoria/ conflict of laws) If something goes wrong, you have to seek out a response. Il fails austin"s test lacks such determinate bodies: lacks vertical relations of authority, no clear enforcement mechanisms or court structures. Is impotent/ineffectual: courts render decisions without any enforcement authority, ex. Laws2601 session 1: legal pluralism recognizes a multitude of law-like systems that operate in our daily lives, absence of sovereign to enforce compliance w the rules condemn il, horizontal system based on consensus, consent & reciprocity.
