POLC38H3 Study Guide - Winter 2018, Comprehensive Midterm Notes - International Law, United Nations, Israel
POLC38H3
MIDTERM EXAM
STUDY GUIDE
Fall 2018
POLC38 – Lecture 1
Authority of international law
Concepts of
• Binding character of the rule of law (what makes it binding)
• Authority (what gives the rule authority)
• Natural law
• Legal pluralism
• Religious laws, statutory laws
Rules of law are:
• Binding if enforceable or
• Enforceable because binding
• Yes, laws are binding bc in every law that is passed by the parliament there are sections
in the bottom of the law that display penalties one can be punished with if the law is
broken or violated, therefore, binding. Hence since they are binding, they are
enforceable.
And
• Have authority because enforceable → we have no choice to not abide by the law
• Are enforceable because have authority
Authority continued
• Bc laws are binding, we actually obey the law. We are obligated to
• Authority causes people to obey the law
• If we chat about statue, law and act, they are the same concepts
• International laws are binding and have authority
• Kelsen: law as a coercive order
• Distinguished from religious and moral order
Continued
• Kelsen: international law is true law bc it provides sanctions (war and use of force)
• Limited in cases of self-defence and counter-aggression
• Charter of the UN (collective action only for aggression and breach of peace)
• Powerful settlement of disputes – not an enforceable character
• Security council maintains and enforces peace rather than law
• The UN general assembly only depends on the voluntary co-operation of the states &
moral or political persuasion and pressure
• UN cannot be regarded as an instrument for the enforcement of the legal rights of the
states or redress the legal wrongs.
• International court of justice can review and make decisions on certain cases but they
aren’t enforeale so hateer they say isn’t enfored and inding to e done
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Continued
• Authority of international law resides in its recognition by states as binding upon them
• In national law – individuals recognise the authority of law and institutions (proximity
issues)
• In international law – consent is a source of obligation, then obligation arises from
consent
• Why is customary law binding?
o Kelsen: states have the duty to keep behaving as they have customarily behaved
• What is the source of that duty?
o Conforming to the will of the community as expressed in customary laws
Continued
• The binding character of law is a general legal problem, not peculiar to international law
• Ex. By-law, act of parliament, constitution, then what? What gives constitution legal
force?
• In international law these questions are more difficult to answer bc no international
legislature
• Law as a necessity in society – this implies that law is binding
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Concepts of: binding character of the rule of law (what makes it binding, authority (what gives the rule authority, natural law, legal pluralism, religious laws, statutory laws. Hence since they are binding, they are enforceable. And: have authority because enforceable we have no choice to not abide by the law, are enforceable because have authority. Authority continued: bc laws are binding, we actually obey the law. We are obligated to: authority causes people to obey the law, kelsen: law as a coercive order, distinguished from religious and moral order. If we chat about statue, law and act, they are the same concepts. Un cannot be regarded as an instrument for the enforcement of the legal rights of the states or redress the legal wrongs. International court of justice can review and make decisions on certain cases but they aren"t enfor(cid:272)ea(cid:271)le so (cid:449)hate(cid:448)er they say isn"t enfor(cid:272)ed and (cid:271)inding to (cid:271)e done.
