International Public Law

Nicolas E. A Delcourt

Bachelor of Law, Economic, and Management

Differences between international law and national law :

Absence of levels of rules Application of these rules Sanctions.

The main characteristic of international law is the lack of public order:

1. Introduction

There is no international government or international jurisdiction in international

law.

Anzilotti in 1929 :

  » the completion of the International Law by means of the contribution of a higher power state to the states, federal and universal, actually means the end of international law, replaced by the national law of the new global state ».

The world today is a juxtaposition of sovereignty.

Are essential in international law : Agreements Custom Arbitral awards The role of International Court of Justice.

Their common point is that they all require the consent of the States.

In applying the rules in disputes between states, there is :

No recourse to an international judge but to an international arbitration (temporary and

disappears after the decision) An international adjudicationState consent is required.

In the penalty for failure to state rules, there is no competent or organized constraints by political authority and in fact, it is impossible to punish the powerful states (USA, Russia ...)

However, there are universally misconducts and public opinions appear to be indirect sanctions. In addition, it is better that the rules are not respected than there are no rules at all (eg on torture).

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