Public International Law

Public International Law


1) NGO/IO

1.1 NGO: creation of individuals
- not a subject of I law
- can have a place in I law like observers

1.2 IO: creation of the States by treaties
- subject of I law like the States
- universal: UNO e.g.
- or regional: AU, OAS, EC


2) Sources

2.1 Treaties
- Concluded by I law subjects
- Interpretation: Vienna Convention
- Self-executing/ executory: directly in the national legislation or not

2.2 Customary Law
- practice and opinio juris
- jus cogens: universally recognized Rights (discussed)



3) The UN, 1945

3.1 In general

3.1.1 Now 191 members

3.1.2 Multilateralism and neutrality

3.1.3 Prevail upon the other I agreements ( 103 UNC)


3.2 Organs

3.2.1 Security Council
- Primary maintenance of peace and security (24I)
- Five permanent members: China, France, Russia, UK, US. (23I)
- Total 15 members (23I+II), 10 elected[1].
- takes an issue: sole authority on the matter (12)
- unanimous (5 permanent members) à no veto
- Resolutions: binding (25)
- Chapter VII : 39 à 41/42 and peace keeping


3.2.2 General Assembly
- Deliberative (10-11), plenary session
- Recommendations, non mandatory
- importance of developing countries
- decisions on budget 17 UNC

3.2.3 Secretary General (Kofi Annan)
- chief UN administrative officer
- supervising UN’s staff and coordinating activities
- bring SC’s attention on dispute that threaten I peace


3.2.4 World Court
- Ch. XIV UNC and Statute of the Court
- Only for states
- Jurisdiction if consent of the states
- Advisory opinions possible
- Decisions are mandatory (94)
- Sources for decision (38 Statute)


3.2.5 Subsidiary Judiciary Organs: Tribunals



4) Individuals under I law?
- not subject of I law
- I Law is the Law in which the problems between individuals is transposed to problems concerning states and IO






[1] Working in 2004: Algeria, Angola, Benin, Brazil, Chile, Germany, Pakistan, Philippines, Romania, Spain.