PHIL 2050 Lecture Notes - Lecture 40: International Humanitarian Law, Hugo Grotius, Treaty
21 Mar 2016
School
Department
Course
Professor
Document Summary
More recently, individuals have been tried (under international humanitarian law and international criminal law) (ii) sources. Customs, treaties, judicial decisions, general legal principles (e. g. rule of law), resolutions and declarations of the united nations. International treaty norms are not, strictly speaking, binding in canada unless they have been incorporated into canadian law by enactment. (ii) (iii) International court of justice (icj) cases are submitted voluntarily. Puzzles of international law (i) (ii) (iii) (iv) Recall, a natural law theorist believes that there exist objective, unchanging, universal moral principles which can be discovered by natural reason. So even in the absence of central legislatures, courts with compulsory jurisdiction, and independent enforcement, there is still law which governs international relations. Hart"s approach: compare international law with state law. Objection: international law is not binding because it lacks a system of centrally organized sanctions. To be a rule of law, a formal sanction must be specified for non-compliance.
