文档介绍：The Dynamic Nature of Law
The International Legal System
International Law and Cultural Perspective
Issues in Law
International Law and the Future
Lecture 9 International Law
Key Terms
Adjudication
Codify
Pacta sunt Servanda
Naturalist (school)
Positive (school)
Adjudication:
The legal process of deciding an issue through the courts.
Codify:
To write down a law in formal language.
Pacta sunt Servanda:
“treaties are to be served / carried out” and means that agreements between states are binding.
Naturalist (school):
Those who believe that law springs from the rights and obligations that humans have by nature.
Positive (school):
Those who believe that law reflects society and the way that people want the society to operate.
Ⅰ. The Dynamic Nature of Law
Primitive Nature of International Law
Growth of International Law
Effectiveness of International Law
Primitive Nature of International Law
Rudimentary from of rule making—codes derive from custom or agreement (no rules-making or legislative process) no congress of the world
Limited authority to judge or punish violations of the law. International Court of Justice—JCJ: The world court, which sits in the Hague with 15 judges and which is associated with the United Nations. / no international policeman.
Sovereign states clashing in pursuit if self-interest.
Growth of International Law
Emerged with development of nationalism 1648 Dutch thinker Hugo Grotius’s (1583—1645) “The law of war and Peace” earned him the title “father of intl. law”. He looked for more human ways to conduct international politics.