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International and Eu Law

Essay by   •  April 15, 2016  •  Course Note  •  909 Words (4 Pages)  •  1,130 Views

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2. International and EU law – Small test[pic 1][pic 2]

Law of diplomatic relations; international environment, economic law, fight against terrorism[pic 3]

I. General part of international law:

  • sources of int. law
  • history of int law
  • international responsibility
  • use of force and international legal order (law of armed conflicts, weaponry , humanitarian law)
  • dispute settlements[pic 4]

II. Question of statehood:

  1. Define territory :
  1. Territory of the state
  2. Diff territories and specific regimes
  3. Space law
  4. Law of sea
  5. Civil aviation
  1. Settle population:
  1. Citizenship, nationality
  2. Refugee law
  3. minorities
  1. Independent governance (all the main part of the power in a state)
  1. Self-determination (right to have power)
  2. Recognition
  3. Sovereignty: immunity, jurisdiction
  1. Ability of the state to participate [pic 5]

III. Law of international organisations:

  • Class of international legal organisation
  • The structure of the UN
  • Specialised agencies

IV. EU:

  • EU and the international community
  • EU and its member states
  • EU institutions
  • EU law (->legal sources)

Subjects of international law:

  • States
  • International organisations
  • People
  • Individual (internat. Human rights, international crimes)
  • Artificial person (foundations)

Types of international legal capacity (approaches):

  1. By authorization:
  1. Original : don’t need authorization  ->states, ppl, individuals
  2. Transferred: authorization is needed -> int. orgs. (charter member), artificial person (member states)
  1. By rights and obligation:
  1. Absolute: All rights and obligation -> states
  2. Limited : specific rights and obligations (limits according to the object of the right and obligation) -> ppl, int. org, individuals, artificial person
  1. By application:
  1. Erga omnes: personal scope of application; can be the subjects towards everybody else ->states, int. orgs (UN), individuals
  2. Relative: limited personal scope -> internat. Org. , individuals, artificial person

Relationship between int and national law:

  1. Characteristics

Int. law:         National law:

-Single legal system        -Vary in many ways

-The same everywhere         -Spec. approaches

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