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International Law (Subject) / Prüfungsvorbereitung (Lesson)
- 45. Which rules do you know, protecting individuals? – suppl., p. 9 Individuals are also protected by international treaties dealing with Human Rights (like the European Charter on Human Rights or by the UN Declaration on Human Rights 1948) Individuals are also often protected by the State‘s constitution (like the German Basic Law)
- 46. Name 4 basic principles in public international law regarding States. – suppl., p. 10 The principle of equality of States (see Art. 2 (1) UNCh) The principle of Friendly Relationship (Art. 1 (2) UNCh) The principle of non-aggression (Art. 1 (1), Art. 2 (3), (4) UNCh) And therefrom the duty to solve conflicts in peace (see Art. 1 (1) UNCh) The principle of sovereignty (Art. 2 (1) UNCh) The principle of non-interference in internal affairs (see Art. 2 (7) UNCh) The respect for human rights (Art. 1 (3) UNCh) The principle of self-determination (Art. 1 (2) UNCh)
- 47. What are the preconditions for the contents of treaties among States? – suppl., p. 11 ?
- 48. How are international treaties transferred to national law? – suppl., p. 12 International treaties become part of national law How does this work? Procedure of ratification of international treaties; See therefore Art. 59 of the German Basic Law: Article 59 BL Germany [Representation of the Federation for the purposes of international law] (1) The Federal President shall represent the Federation for the purposes of international law. He shall conclude treaties with foreign states on behalf of the Federation. He shall accredit and receive envoys. (2) Treaties that regulate the political relations of the Federation or relate to subjects of federal legislation shall require the consent or participation, in the form of a federal law, of the bodies responsible in such a case for the enactment of federal law. In the case of executive agreements the provisions concerning the federal administration shall apply mutatis mutandis.
- 49. What is international customary law? – suppl., p. 14 There exist rules in International Law, that are not comprised in treaties. They are called International Customary Law (or International Custom). International Customary Law is one of the sources of Public International Law as laid down in Art. 38 of the Statute of the International Court of Justice: Art. 38 (1) St ICJ The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. … b. international custom, as evidence of a general practice accepted as law; …
- 50. How does international custom enter into force? – suppl., p. 15 States, in their relations among each other, behave in a certain manner They are convinced, that this behavior is due to a legal duty They show this behavior for a time long enough to create law Examples: The immunity of diplomatic staff as well as the immunity of the buildings of the embassys stem from international custom. The right of free passage of military vessels is customary international law
- 51. Characterise EU law with regard to public international and to national law. – suppl., p. 16 European Union Law is a special law, created by its Member States, primarily as an international treaty (the Treaty on the European Economic Community and the other so-called „Rome-Treaties“) The Members of the EU (the former EEC) passed parts of their sovereignty (see above, Part 3, I.) to the EU by their free will The EU now can pass its own laws which is directly appliccable within all its member States EU-law prevails national law
- 52. What are the 3 major sources in national law? – suppl., p. 17 Different methods to describe a legal system Civil law Public law Criminal law
- 53. What is the scope of the 3 sources of question 52? – suppl., p. 17 ???
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