PUBLIC INTERNATIONAL LAW QUESTIONS AND ANSWERS

SOURCES OF INTERNATIONAL LAW: QUESTION 1: It has been said that international law is not a democratic system and is run by a certain number of states that control the application of the law. Do a comparison between a democratic state and international law. Public International Law 1. No legislature – no body to make international law – the only body is the GA, who can make non-binding recommendations and isn’t democratically elected 2. No Court to apply international law – no precedent and the state is a judge in its own case = ICJ 3. No executive to enforce international law = no permanent police force = SC 4. Subjects: states and international organizations Municipal Law 1. Full legislature: there is a democratically elected parliament who makes binding laws 2. Fully developed judiciary = precedent and nemo iudex 3. Full executive = president and permanent police force 4. Subjects: natural and juristic people QUESTION 2: What is a ius cogens and what’s its importance with regard to treaties: Ius cogens: defined in VC as: Obligatory rule of general international law which is accepted and recognized by the community of states as a whole as a rule from which no deviation is allowed and which can be altered only by another rule or norm of the same kind. Ius cogens is absolutely binding on states whether they like it or not. The only rule generally accepted as ius cogens = prohibition on the use of force. A treaty which conflicts with an existing norm of ius cogens is void ab initio.