LCP 4801 International Law SUMMARY OF THE PRESCRIBED MATERIALS 2016

1. 2. Difference between PIL and Municipal Law Public International Law   There is no legislator in PI L There is no court to enforce PI L o no precedent system o state judge in own case No executive to enforce judgments (poorly developed sanctions) Subjects are generally states Municipal Law Full legislative process Fully developed judiciary o precedent system applies o nemo judex in sua causa Full executive machinery for enforcement of judgments Subjects are individuals or legal persons The United Nations 2.1 Why isn't the UN a legislator? How does it differ from parliament?      The UN does not have the power to enact rules which are binding on all states. The General Assembly (GA) may only adopt resolutions, and these are merely recommendations. States cannot be compelled to apply them. A parliament makes laws which are fully binding on the community it represents. In the UN, the representatives of states are not elected to the GA, but are appointed by their respective states, as opposed to a democratic