International and Eu Law

2. International and EU law – Small test[pic 1][pic 2]

Law of diplomatic relations; international environment, economic law, fight against terrorism[pic 3]

I. General part of international law:

• sources of int. law
• history of int law
• international responsibility
• use of force and international legal order (law of armed conflicts, weaponry , humanitarian law)
• dispute settlements[pic 4]

II. Question of statehood:

1. Define territory :

1. Territory of the state
2. Diff territories and specific regimes
3. Space law
4. Law of sea
5. Civil aviation

1. Settle population:

1. Citizenship, nationality
2. Refugee law
3. minorities

1. Independent governance (all the main part of the power in a state)

1. Self-determination (right to have power)
2. Recognition
3. Sovereignty: immunity, jurisdiction

1. Ability of the state to participate [pic 5]

III. Law of international organisations:

• Class of international legal organisation
• The structure of the UN
• Specialised agencies

IV. EU:

• EU and the international community
• EU and its member states
• EU institutions
• EU law (->legal sources)

Subjects of international law:

• States
• International organisations
• People
• Individual (internat. Human rights, international crimes)
• Artificial person (foundations)

Types of international legal capacity (approaches):

1. By authorization:

1. Original : don’t need authorization  ->states, ppl, individuals
2. Transferred: authorization is needed -> int. orgs. (charter member), artificial person (member states)

1. By rights and obligation:

1. Absolute: All rights and obligation -> states
2. Limited : specific rights and obligations (limits according to the object of the right and obligation) -> ppl, int. org, individuals, artificial person

1. By application:

1. Erga omnes: personal scope of application; can be the subjects towards everybody else ->states, int. orgs (UN), individuals
2. Relative: limited personal scope -> internat. Org. , individuals, artificial person

Relationship between int and national law:

1. Characteristics

Int. law:         National law:

-Single legal system        -Vary in many ways

-The same everywhere         -Spec. approaches