LAWS2250 International Law Study Notes

Description

All lecture notes and reading notes from weeks 1-12 of the course. TOPIC LIST Introduction to International Law International Law as a Legal System Subjects of International Law Defining Subjects and Distinguishing Objects States as the Primary Subject of International Law Definition of the State The Role of Recognition Principles Protecting Sovereignty International Organisations as Secondary Subjects Entities Enjoying a Degree of Legal SUbjectivity Sources of International Law Treaties Customary International Law General Principle of Law Judicial Decisions and Writings of Publicists Article 38(1) of the ICJ Statute The Law of Treaties The Vienna Convention (VCLT) VCLT vs Customary International Law The Treaty-Making Process The Effect, Amendment and Modification of Treaties Invalidity, Suspension or Termination State Responsibility Origin of State Responsibility Consequences of State Responsibility Implementation of State Responsibility Injury to Aliens and Standards of Treatment Procedural Requirements Peaceful Settlement of Disputes Diplomatic Means of Dispute Settlement Adjudication/Jurisdictional Settlement The Prohibition on the Threat or Use of Force Self-Defence Collective Security and Enforcement Measures Enforcement Measures The Reception of International Law by Domestic Law Monism and Dualism Common Law States Indirect Influence on the Development of Australian Common Law Indirect Influence on Domestic Resolution of Legislative Ambiguities Indirect Influence on Constitutional Interpretation The Principle of Legitimate Expectation International Law of Human Rights and Domestic Law Should International Law Influence Australian Law?