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POLS 1500 October 9th

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Political Science
POLS 1500
Andrea Paras

October 9 , 2012 Domestic Law Sources: National Constitution; statutes; government; regulations; judicial decisions  implementation  Law enforcement agencies; courts  enforcement  subjects: individuals; corporations International Law No global police force (Interpol?) Subjects: ? Sources; Treaty, custom, general principles, legal decisions and opinions  implantation  ICJ, euro court of justice, ICC no police or military  enforcement subjects states Two perspectives on international law Natural Law:  rules handed down by god and church (divine law)  based on human capacity to reason about natural world  timeless and universal principles  community of mankind with shared rights and responsibilities Legal Positivism:  19 thcentury  source of law: states  what are the rules that states make for themselves? How do states conduct their relations?  Eg. Agreements, customary practices  Skeptical about timeless and universal principles Where does international law come from? The court whose function is to decide in accordance with international law such substitutes as are submitted to it, shall apply  International conventions  International Custom  General principles  Judicial decisions and opinions of experts Treaty: an international agreement concluded between states in a written form and governed by international law  Every state possesses capacity to conclude treaties International Conventions Bilateral versus multilateral treaties Pacta sunt servanda: “every treaty in force is binding upon the parties to it and must be performed by them in good faith Internal treaty process Negotiation  signature  ratification (reservations, accessions Reservations: exceptions/qualifiers “we will IF/BUT…”)  registration  enter into force Treaty Examples UN Charter (1945) Vienna convention on consular relations (1963) International Custom: Custom: the consistent conduct of states acting out of the belief that the law requires them to act a certain way Sources: Opinio Juris the expressed opinion of states that their actions have a legal basis Usus: the actions of states in accordance with what is expected of them Examples of international custom  Diplomatic immunity  Right of passage to foreign ships  Recognizing the exclusive jurisdiction of the flag state on the high seas  Protec
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