Public International Law Extended Summaries

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  • UniversityUniversity of Sydney
  • AreaLaw
  • CoursePublic International Law
45 Purchases
88%Verified Grade
  • Authorrmae7432
  • Created2013
  • Pages315
  • Approved12 September 2014

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Comprehensive, detailed and extended bible of Public International Law. Can be used to supplement notes or as stand-alone notes.
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(1) Development, nature and scope of International Law Public international law – law that regulates relationships between sovereign states and other subjects of international law. Private international law – body of domestic law regulating dealings by persons and corporations across borders. (I) NATURE AND SCOPE OF PUBLIC INTERNATIONAL LAW • International law is based on the consent of States, which are sovereign equals: o UN Charter (1945), Art 2(1): ‘The Organization is based on the principle of the sovereign equality of all its Members. o UNGA Declaration on Principles of International Law concerning Friendly Relations (1970): “All states enjoy sovereign equality…” • Traditionally public international law was about the use of force, the exchange of diplomats, navigational rights on the seas. • Increasingly public international law is concerned with additional new areas of human international relations such as trade (e.g. WTO), environmental matters (e.g. protections of oceans, fisheries) and human rights (United Nations charter 1945, Universal declaration of human rights) • Shirley V Scott, International Law in World Politics: An Introduction (2004) 1. o ‘International law is a system of rules, principles and concepts that governs relations among states and, increasingly, international organizations, individuals and other actors in world politics. International law has grown and expanded at a rapid rate since World War II to encompass a diverse range of issues and topics, including the preservation of the…environment, the right to use force against another state, territorial rights in Antarctica, the use of outer space, and the rights of children. There is now no aspect of world politics than can be fully understood without some knowledge of international law and an awareness of how it operates as an integral component of global affairs.’ • Public International Law: The interrelationship between the way states govern their citizens, the way they try to resolve disputes with each other, and the way they try to solve issues such as immunity. o In large measure implicated when we look at conducts of the states. o An area of law that was largely based on ‘practice of the states’ – customary law. o Before the proliferation of treaties, there was a body of law which had developed because of the conduct of the states. ‣ Looking at what is the practice of the states. ‣ Whether in fact they are doing these things because they are legally compelled, or other reasons. • The use of force showed that nation states even though they were asserting their sovereignty, they could not behave any way they wanted – certain rules that they had agreed upon which they had to observe. • Development of mechanisms that has allowed for UN bodies to be able to receive complaints which are called ‘communications’ from individuals – new and novel development – did not exist in the 19th century – very much a construct of the 20th century. o A system which has created agreements around human rights conventions. These conventions have set the scene for a ‘complaint mechanism’. ‣ An example of how individuals have developed a ‘legal standing’. • Public international works in a variety of ways on trying to encourage nation states to cooperate with one another and not to violate international law. o One mechanism to this effect – ‘name and shame’. o Punitive measures do not play a great role. o Consensual agreement. • Law of treaties: Vienna convention. • State jurisdiction – states have the capacity to prescribe law. o One form of state jurisdiction is prescriptive jurisdiction. o Anther type is enforcement • Universal jurisdiction – One of the basis for the exercise of criminal jurisdiction in Public International Law: allows any nation that is part of a particular human rights framework to assert jurisdiction. R.M. 25 o Erga omnes – ‘for the good of humanity’ – underlies a number of important developments in PIL. • Immunity from jurisdiction – Not that there is ‘impunity’ – rather that there is a ‘shield’ to the exercise of jurisdiction. Jurisdiction exists but is ‘barred’. o Diplomatic immunity o Foreign state immunity – on some level it interacts with diplomatic immunity. • State responsibility – dealing with particular disputes that have arisen between nation states and the genesis of that dispute could be because a citizen has been mis-treated by another country. • Use of force in international law – generally prohibited. (II) INTERNATIONAL LAW AS LAW • Normative system of international law is derived from four sources, enumerated in Article 38(1) of the Statute of the International Court of Justice: 1. Treaties; 2. Customary International law; 3. General Principles of law; 4. ‘Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as a subsidiary means for the determination of rules of law.

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  • title page

    NB: title page says ‘public law’ but this is meant to read ‘public international law’

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