INTERNATIONAL LAW OUTLINE I. THE TYPES AND SOURCES OF INTERNATIONAL LAW Statute of the International Court of Justice: (Article 38) The Court‚ whose function is to decide in accordance with international law such disputes as are submitted to it‚ shall apply: (a) international conventions‚ whether general or particular‚ establishing rules expressly recognized by contesting states; (b) international custom‚ as evidence of a general practice accepted as law; Determining custom: The general
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focus on international law being an effective tool for the resolution of international disputes. Timely resolutions and unbiased resolutions are factors that determine effective dispute resolution. The definition and concept of international law‚ effective aspects of international law‚ and certain limitations of international law will be discussed in this essay. Furthermore‚ case studies will be provided to support the argument and to demonstrate the procedures of resolving international disputes
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1. Reflect on Art. II‚ Sec. 2 of the 1987 Phil. Constitution. Are customary laws automatically followed by the Philippines? Explain. (200 words) As stated in Art II‚ Sec. 2 of the 1987 Philippine Constitution “The Philippines renounces war as an instrument of national policy‚ adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace‚ equality‚ justice‚ freedom‚ cooperation‚ and amity with all nations.” a war that is renounced
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DOES MORALITY BELONG IN THE FORMATION OF INTERNATION LAW? The discussion of whether or not morality belongs in international law has its’ roots in both the definition of morality as a concept‚ and the ability of an international body to legitimize the adjudication process based on premises of morality. The term ’moral’ has its’ roots in middle english according to the oxford dictionary: “from Latin moralis‚ from mos‚ mor- ’custom’‚ (plural) mores ’morals’. As a noun the word was first used to
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5.1 The Basics of International Humanitarian Law[1] What is international humanitarian law? International humanitarian law (IHL) is a set of rules which seek‚ for humanitarian reasons‚ to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare by prohibiting weapons that make no distinction between combatants and civilians or weapons and methods of warfare which cause unnecessary
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International Law Book Notes I. Chapter I A. History of International Law i. “Nations ought to do to one another in peace‚ the most good‚ and in war‚ the least evil possible” –Montesquieu to Napoleon ii. Int. law predates several countries iii. Sovereignty: must provide incentives to get other countries to sign onto treaties iv. Shoot for customs to become law; litigate issues when there is no treaty or if the treaty falls short
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tNATIONAL LAW SCHOOL OF INDIA UNIVERSITY‚ BENGALURU IV Year XI Trimester B.A.‚ LL.B. (Hons.) Degree Programme – (October – January) 2011-12 ENVIRONMENTAL LAW - Project Topics ID No 1620 1621 1622 1623 1624 1625 1627 1628 1629 1630 1631 1632 1633 Student Name Mr. Abhishek Subbaiah Mr. Aditya Kumar Ms. Akanksha Sharma Mr. Akshay Sharma Ms. Akshaya R Mr. Amlan Mohanty Ms. Anjali Anchayil Ms. Anupama Kumar Mr. Aruj Garg Mr. Arun B Mattamana Ms. Ashwini O. Ms. Ashwita Ambast Mr. Badrinarayanan
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SUBJECTS OF INTERNATIONAL LAW - STATES I. Traditional Subjects of International Law A. States In addition to controlling territory‚ States have lawmaking and executive functions. States have full legal capacity‚ that is‚ they have the ability to be vested with rights and to incur obligations. B. Insurgents Insurgents are a destabilizing factor‚ which makes States reluctant to accept them‚ unless they show some of the attributes of sovereignty (e.g. control of a defined territory). Their
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Nature and scope of private international law Private international law is a set of procedural rules which determines which legal system‚ law of’ which jurisdiction‚ applies when legal dispute has a "foreign element"‚ such as contract agreed by parties located in different countries. It is a branch of English law known as the ’conflict of laws’. By a foreign element is meant simply a contact with some system of law other than English law‚ it has three main objects: Firstly‚ to prescribe the conditions
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presented Is Australia whale measure an international issue has respect to other countries? Do other countries have right to argue or complain to the world trade organization to intervention with Australia legal measure? Does GATT& SPS measures applicable? Short Answer Yes. Australia legal whale measure ban on whale products trade both internationally and domestically‚ imply trade obstacles of whale goods. As a public international trade law the members under WTO have right to minimize
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