Summary International law Questions and Answer {Distinctions}2023

Document Content and Description Below

Differences between international law and international norm - -international norms prescribe what constitutes appropriate behavior among states in a given setting international laws set rules abou... t how states ought to behave in a given setting, but these are things that states must do and there is a legal obligation to do it (or face punishment) but the line between norms and laws gets blurred because international law lacks consistent enforcement -Sources of international law - -1) treaty 2) custom -treaty - -an agreement concluded between states in written form and governed by international law 2 major types 1) bilateral treaties - between 2 states 2) multilateral treaties - between 3 or more states -custom - -customary law; consists of a set of rules that have evolved over time through the practice of states state practice - everything that states do on a regular basis ex. diplomatic relations with other states, international treaties, decisions of national courts, statements by leaders, etc. idea is that through these activities, rules of behavior sometimes develop over time and become widespread enough that most states abide by these rules requires 2 things: 1) widespread state practice 2) states abide by these rules due to a sense of obligation to do so ex. the practice of granting diplomatic immunity to foreign ambassadors -Why do states create international law? - realist view - -discounts the role of international law the most powerful states in the international system will be able to act somewhat freely international law simply represents the interests of the most powerful states powerful states might invest in creating international law when they believe it will further their own interests less powerful states don't have much choice but to go along [Show More]

Last updated: 1 year ago

Preview 1 out of 3 pages