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Definitions
Tribunal is a court of justice.
De facto means a state of affairs that is true in fact, but that is not
officially sanctioned.
De jure means a state of affairs that is in accordance with law (i.e. that is
officially sanctioned.
Sanctioned means to give official permission or approval for (an action).
Sovereignty is the full right and power of a governing body over itself,
without any interference from outside sources or bodies.
Sovereign immunity is a legal doctrine by which the sovereign or state
cannot commit a legal wrong and is immune from civil suit or criminal
prosecution.
Concepts
Is there international Law?
Answer: “Probably, but there are also arguments against it!”
We have
o System of rules between states
o Constitutional structure (e.g. United Nations)
o System of tribunals
International court of justice, crime and arbitration try to
enforce international law but are still very weak.
We don’t have
o Agreement from everyone (no uniformity)
o No/weak sanctions (no international army)
International law has its limits
o Example: Israel – Palestine conflict
What is included?
Three important areas
o The law between states (international public law)
o The law of international institutions (international institutional
law)
o The law between private parties in different states (international
private law)
Session 4
European institutions and comparative international systems - 2