• states make laws in response to what they need to make rules about.
• Possitive Law changes over time
• Laws are created by those who are involved in Law

• In order to be law you have to gave something to make law and something to enforce law.
• states get together and make international law.
• Making the cost of doing things incredibly high

In Good Faith

If you made an agreement you must obey it

Basis of International treaties

Sources of International Law

1) Treaties-multilateral agreements

2) Customs- what states do

3) general principles among civilized nations

4) General writters and thinkers

• explicit concent and explicit commitment 
• can be made around custom
• basic rules of practicle nature agreement
• create insitutions or specific entities
• multilateral or bilateral
• spell out rules of the game

flexibility in treaty without going against overall goal of treaty

Managing larger groups of states that all have different interests

• Thailand argues Cambodia used illigitamate methods when deciding the border
• Court argues how can they Argue Thailand was opperating in good faith when border had been agreed on for 50 years
• Prescription

• changed circumstances
• Set of structures that are rigid enough that states won't leave agreement
• Flexible enough to opperate under dynamic international system

• attaching custom to what states are doing to help cover gaps in treaties
• necessary to establish legally binding custom
• subjective obligation that state is bound to law in question

• US boat runs into British ship and sinks
• British law established rules for specific lighting on boats and other countrys universally follow suit (custom created)
• Court rules in favor of British ship due to custom

• some principles that are so fundamental that they can be taken as standard
• can be used to fill gaps when there is no treaty or customary answer

• British ships destroyed by mines in Albanian Corfu Channel
• Albania claimed they were unaware of the mines and Britain was violating their sovreignty by entering their waters without permission
• Court rules Albania is responsible because there was no way they could not have known about mines therefore were responsible for issuing a warning. Also their sovreignty was not violated

Prescription- staying in one place without objection

Accretion- mother nature hits the land

Adjunction-legal process of handing over territory

Session- handing over terriroty to another state

• new political entity is born out of an old one
• sovereignty allows new states to decide what they want to commit to

International Governmental Orginizations

(IGO's)

• An intergovernmental organization is an agency set up by two or more state governments to carry out projects and plans in common interest. Examples include the United Nations, the World Bank, or the European Union
• Autonomus organ (something more than the sum of its parts)

Non Governmental Orginization

(NGO)

• Individuals with interest create NGO's
• operates independently from government

• United Nations office Assasinated and his home country ask if tey could seek reparations
• UN has international legal personality
• UN subject of international law 
• capable of international rights and duties
• Capable of pursuing interest
• Result of Opinion- UN rethinks role

• Chilean who was muedered by other chileans on US Land
• US has territorial claim
• Chile has nationality claim
• Chile allows extradition of Michael Towlney, but not two other supsected agents

• Leader who got Rid of political opposition
• Chile has nationality and territorial claim
• spain and UK have passive personallity nationality claim
• Universality of crimes 
• Spain want to extradite Pinochet and try him spain based on universality claims and nationality claims

• Turkish ship and French crash into each other and both return to turkey
• Turkey tries to French Captain
• France questioned Turkish merrits for claim because both sides had jurisdiction because event was international waters
• Conclusion Turkey had the right because everything that isn't prohibitted is promitted

• Stems from SS lotus case
• which says that sovereign states may act in any way they wish so long as they do not contravene an explicit prohibition.

• Blackmer knows about teapot scandle, but moves to US while maintaining US citizenship
• He is asked to come back and testify, but refuses and is put in comptempt of court
• Court rules because you have protection of US gov  you are obligated to preform duties of a citizen. If you don't you can be punished for failing to do so

• process regulated by treaties where states surrender a suspected or convicted criminal to another state

Fisheries Jurisdiction

(Spain V. Canada)

• Spanish fishing vessel boarded and siezed for being in Canada's fishery protection zone
• Spain claims these are international waters
• ICJ disagrees and says they cannot interfere with canadas protected fishery zones

Universal sucession- if it existed states aquire all of it

Clean Slate- aquire nothing that previously existed. 

• supreme independent authority over a geographic area
• ability to look out for your own best interest

Public Domain

belonging to all citizens 

Universal law

law that must be followed by all countries

ex. no gencide

Land Belonging to No one

land that has never been subjected to sovreingty or land where state relinquishes sovreingty

• Peace of Westphalia ends the thirty year war
• no state was justified in attacking each other only based different ideologies
• Sovreign has absoloute legal power within his own territory 

Customary international relations

prevention of using landmines

Strict could not allow reservations to using land mines

Conventiion of rights and duties of states

states should have

1) permanent population

2) a defined territory

3) government: and

4) capacoty to enter relations with other states

treaties and customary international law are the primary sources of international law

General principles of law there to help the court identify the law if treaties and custom are not clear

Recognition

(States and Gov.s)

recognition of gov.formal recognition of new government

not recognize an entity for 

1) Originating from an act contrary to international law

2) lack of independence in relation to other states

• Main actor in global politics and are the focus of international law
• Sovreignty is the core attribute to statehood

• Groups of men and women who have been given the legal authority and responsibility to decide legal disputes
• dispute settlement bodies
• system, legal enforcement
• indentification development and creation of international laws
• interpert interantional rules

• Americans claim Spanish fishing vessells sailing in the Key West as prizes of war
• Question: Are ships who have the right to catch and bring fish exempt from becoming prizes of war
• Court response based on custom that fishing vessells had been generally exempt from being prizes of war all over the world

• States can have reservations as long as their reservations don't go against general purpose of agreement
• If a state does not agree with a reservation they can consider that party not a part of the agreement

• 2 Banks in China legally functioning, which bank is legally entitled to the deposit suit
• One claming government is recognized by the US the other is not
• Court can't be one to decide who better represents China, so they grant nationalist who are recognized by the US president 

• Relationship between international and municple law
• Treaties are the supreme law of the land but cannot violate states rights or they become null and void
• Missouri's claim was denied because it violated the treaty and they didn't exclusive own the migrating birds

• Relationship between international and municipal law
• self executing and non self executing treaties
• A treaty made under US authority is the supreme law of the land

Fisheries Jurisdiction 

Iceland v UK

• Iceland claims a 50 mile restricted fishing zone that the UK objects to
• customary law established that fishery zones would extend no more than 12 miles