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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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