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introduction to public international law leo bernard ancors international law the law of the sea the law of the sea is a branch of international law international law principles affect ...

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                      Introduction to Public 
                      International Law
                      Leo Bernard, ANCORS
                      International Law & the Law of the Sea
                      • The Law of the Sea is a branch of international law
                      • International law principles affect how the law of the 
                       sea is
                       • made
                       • put into practice
                       • enforced
                      • International law principles can help explain some of 
                       the limitations of the law of the sea
                                                                               1
                  Introduction to International Law
                  Outline of Class
                  • What is international law?
                  • Who makes international law?
                  • How is international law made?
                  • How do you get the authority to make rules that apply 
                   to a particular space?
                  • Where does the UN fit in?
                  • How do you enforce international law?
                  • How do you resolve disputes?
                 Public International Law is …
                 • The rules governing the legal relationship 
                  between states. 
                 • A body of law consisting of principles and rules 
                  which are recognised by States as legally binding 
                  and regulating events and issues which are of 
                  international concern.
                                                                  2
               Distinguishing international law from 
               national law…
                                        Basis of 
                 Law-making 
                                        obligation
                 process
                              Distinctions
                  enforcement
                                     International 
                                     politics
               Who Makes International Law?
               • International law is made BY States 
                 FOR States.
               • International law applies to the 
                 relations between nation States
               • International law is based upon the 
                 sovereign equality of States
                                                           3
                     What is a State?
                     • States are the main actors in the international legal 
                      system
                     • A state, in international law, requires the following:
                       • A permanent population
                       • A defined territory
                       • Government
                       • Capacity to enter into relations with other states
                       (1933 Montevideo Convention on the Rights and Duties of States)
                     How is International Law Made?
                     There are two main ways in which international law is 
                     made:
                     1) Through the repeating of state practice in such a way 
                     that a customary rule of international law develops
                     2) Through the deliberate process of negotiating a treaty
                     between nation States.
                                                                                  4
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