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c  c 

 
   
c  c 
c
c  c 
- the rules and norms that states, and other
actors as subjects of law, feel an obligation
to obey in their mutual relations and
commonly obey
- these rules and norms instruct members of
a given society about their behavior
c  c  
- provides social order
- The main reason why laws work in any
society is that subjects willingly obey them
without facing coercive sanctions
c  c 
- States and other actors usually obey laws
because it is in their mutual interest to do
so
- States convert understood rules and
norms into written law, primarily as a
treaty

   
c  c 

cc    c 
 c  c 
- Treaty of Westphalia of 1648
- Writings of Hugo Grotius (father of
international law)
- From its Eurocentric channel, flowed to the
rest of the world through European trade
and colonization
- Natural Law and Positivism

- considered as the foundation of
international law in seventeenth century
- ancient Greek and Roman thinking
- right principles of a divine origin were
available if reasoned out and followed
 ccc
- Challenged natural law as the foundation of
international law in 17th and 18th centuries

- The practice of states define international law,


that is, what states agree to accept In the form of
customs and treaties
- Emphasis on sovereignty

- Practical and realistic


  
c  c 
- The Statute of International Court of
Justice identifies four specific sources of
International law:
D 
D 
D  
D !" " 
c
- A written international agreement
concluded by states, and sometimes
international organizations, that
commits the signatories to future
terms of interaction
c
- Primary source of international law

- States normally register them with


the United nations
  
- Can become legal if they receive
respect and compliance over time
- Recognized but unwritten law
  
- Includes rules governing such diverse areas
as jurisdiction over territory, freedom of
the high seas, the privileges and
immunities of states, and the rights of
aliens
 c c  

- Guidelines used widely by states as a
source of law
- Natural law can be a source of general
principle
 c c  

- Some legal experts are reluctant to accept
general principles because it repudiate the
positivist philosophy, relying only on
formal treaties and general customs as
valid law
!ccc c
- Binding only for the parties involved in a
particular case
- International law requires that the
international legal obligations of a state
apply on the domestic scene of countries
when they are pertinent
!ccc c
- The application and integration of
international law on the national, or
municipal, level is called u 
 u
u u 

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