Flashcards: Foundations of International Law and Human Rights — 24 cartões

International law — created by?

States or authorized entities like organizations.

1648 — significance?

Birth of modern international law at Westphalia.

Phases of development — types?

Pre-state and interstate phases.

Positivism — key case?

Lotus case affirming state consent.

International legal order — characteristic?

States are legally equal, no central authority.

UN organs — main?

Security Council, General Assembly, ICJ.

Nullity of treaties — based on?

Conflicting with jus cogens norms.

Customary law — arises from?

State practice and opinio juris.

State consent — role?

Essential for binding international obligations.

Self-defense — article?

Article 51 of UN Charter.

Dispute resolution methods?

Negotiation, mediation, arbitration.

EU institutions — examples?

European Commission, Parliament, Court of Justice.

European Court of Human Rights — applies?

European Convention, principles of evolution and margin.

International law — based on?

Consent, practice, jus cogens, customary norms.

Westphalia — year?

1648, foundation of sovereignty principles.

Pre-state law — characteristics?

Ancient treaties, empires, city-states.

Natural law — concept?

Universal, unchanging rules, God’s will.

Lotus case — significance?

States may act unless prohibited.

International legal order — features?

Sovereignty, equality, consent, no hierarchy.

Treaties — validity?

Requires ratification, registration, no conflict with jus cogens.

Unilateral acts — binding?

Yes, if intended and publicly declared.

Jus cogens — norms?

Peremptory, non-derogable principles.

Customary law — formation?

Practice plus opinio juris.

Treaty nullity — conflicts?

With jus cogens or fundamental norms.