The origin of international law

1
The origin of international law

• Does international law origin from domestic law?
• Is the existence of international law dependent
  on the existence of domestic law?
• To what extent is international law a copy of
  domestic legal systems?
• To what extent should we draw parallels between
  the systems?

2
Distinct areas of law

• The relationship between states as such
• State immunity
• Law of treaties
• State responsibility
• State sovereignty and non-intervention
• The law of international organizations

3
Areas of overlap

• Self-executing treaties
• Human rights law
• International criminal law
• International investment law
• International trade
• International transportation
• Intellectual property rights
• International environmental law (to some extent)

4
International law -gt domestic law

• Dualism and monism
• The historical context of the concepts Monism
  dualism monism. How are the concepts used
  today?
• Determined in domestic law
• The problem of federal states
• Making international law part of the domestic
  system
• Incorporation, transformation, sector monism,
  interpreting domestic rules
• Giving actors rights within the domestic system
  closing the gap

5
Explain the system of your own country to the
person besides you!

• Do you have explicit rules on the relationship
  between intl law and domestic law? Where?
• How does your system comply with this
• For the purpose of ensuring a more complete and
  effective implementation of international law,
  preference should always be given to the
  legislative ad hoc incorporation of international
  rules whenever they turn out to be non
  self-executing. Conversely, whenever
  international rules are self-executing, it would
  be preferable to resort to the automatic
  incorporation of international rules. (Cassese
  pp. 221-2)
• What is the rank of international law?

6
International law taking over?

• Establishment of legislative functions?
• International institutions taking on their own
  life
• Establishment of judicial functions?
• Appeals from domestic systems
• Forum shopping circumventing domestic systems
• Establishment of executiv functions, i.e.
  administrative decision-making systems?
• Intellectual property rights
• Postal systems
• Standard-setting

7
Domestic law -gt international law

• Determination of customary law
• Interpretation of treaty law
• General principles of law
• Can domestic law constitute an excuse for not
  complying with international law?
• VCLT art. 27
• Is a state responsible for acts regardless of
  domestic regulation of the issue?
• Is a state responsible for all acts or omissions
  of public authorities regardless of division of
  competences?