Public International Law: Characteristics, Role, and Institutions - Prof. Torres Rosell, Apuntes de Derecho Internacional Público

¡Descarga Public International Law: Characteristics, Role, and Institutions - Prof. Torres Rosell y más Apuntes en PDF de Derecho Internacional Público solo en Docsity! Derecho Internacional Público PROGRAMA INTRODUCCIÓN. Is public international law effective? What is the purpose of public international law? Tema 1. El Derecho Internacional como ordenamiento jurídico de la sociedad internacional. 1. Concepto y estructura de la sociedad internacional. Derecho tiene una relación con el mundo social, para regular los problemas that are produced in a social group. International Law intends to resolve the problems of the law. What are the characteristics of the world of derecho international? Había un evolución por una radical descentralización del poder politico y por su eurocentrismo. Partially organised, when we refer to the international world we refer to the sourverign states basically formed from states. Each of these states understands the is an authority superior than their own government. Accepting an authority. A government of the world doesn’t exist, rather a mixture of authorities and organisation that help govern the world. The international environment includes many international organisation for example the United Nations, this organisation is hugely important. But is not a government of the world. **Compare the difference with the federal system in the United States. States/ Federal states with mandatory laws. This is not the same as in the international community! Consejo de la Seguridad Not a world government either! But as the power to use force. Only 15 countries represented. 9 votes to pass a resolution. Consejo está conformado por 15 naciones,1 5 miembros permanentes con derecho de veto2 —los Estados Unidos, el Reino Unido, la República Francesa, la Federación Rusa y la República Popular China— y 10 miembros temporales. Where is the answers??? Syrian war, what has the UN done? What decisions has the security council made? *Russia did not want to invade Syria - permanent member - veto. It does not exist in any way as international government. The states that make up the international community: their own terrorority their own nationals their own government Each state is sovereign. There are deep differences between each state. The differences are evident, their development, their culture, their economy etc. Furthermore these differences are found in the land, how big is the country, their natural rescuers. Consequently, this effects the size of their economy and the size of their population. The physical geography of the land. Where is it located? Is there a sea with a port for example. What about their political differences? Islamic countries, neighbouring with `Christen or non religious states? Democracy or dictatorship? Part of the EU? Exist many inequalities. Tourism in the country? What is their economy built on? Subsystems? For example the EU. These are build up the international community. Relaciones between certain countries, who approach intentional law in a similar way? The society is universal, are wars fought on their own or with the international community? This hasn’t always been the case, for example after the second world war there was a profound change towards working together to avoid a repeat of the war. From the 1960s there was a boom of international organisation. Colonies are basically finished. The society truly became more universal. Why was there is a phenomenal? After the cold war and the break up of the USSR. The number of the countries involved in the international community began to increase. For example what about with Scotland almost gaining independence, and Catalonia? The state isn’t only the thing that makes up the international community. The international organisations, what about the church? Does that have an influence in the international community? Green Peace, Red Cross, Amnesty International, Global companies etc. The states we have now are not the states we have in 1945. The problems the global community face now are, terrorism, debt? poverty, epidemics, immigrant crisis. Is it the responsibility of the international community to resolve these problems? ^Previously used Human Rights to help solve equality problems. (Check which countries are signed up the human rights charter?) Now we have globalisation, this is not just from the economy also effects the cultures. e.g Western cultures becoming more prominent in some Eastern counties? Community, institutionalised. 3rd???? CHECK- what are there three structures of international law? They have their own process of adopting and creating obligations and laws in the International Community. Resolutions. They are rules dedicated to their individual organisation that the States have to agree with. Tratrado Costumbres Unitlaterals International Organisation 2. El fenómeno de organización internacional y ordenamiento jurídico-internacional: sistema general y pluralidad de estructuras jurídicas The International Society is universal, this is why we have international law, international is applicable to all the states equally. International Society is built up from many different states with distinct characters normas adaptas a sus circumstances. Por tanto derecho international inernational general y particular. An example: The UN charter. Applies equally to all the states. The charter says it is also applicable to those who aren’t members of the UN for the security and peace of the world. e.g. the EU. common values, shared trading, free movement of people. 2. El fenómeno de organización internacional y ordenamiento jurídico- internacional: sistema general y pluralidad de estructuras jurídicas. 3. Particularidades del sistema internacional y el modelo de legitimidad de Naciones Unidas. What is legitimate in the international community? The states have to agree - the example of this is the UN Charter. The application is universal which has universal value. Even if countries are members of the UN. BECAUSE it’s so important! Article 2.6 Article 2 > membership What are the principles in common? Those are the appear in the charter as a resolution. - Principal of eqaulity - soverign of the states - Buena fe of the obligations that they are - principal of fixing international problems with peace - prohbits the use of the force or weapons in the international community There are two excepts - to defend when you are being invaded, and when the consejo de seguridad agrees with 9 votes out of 15 to use force. La resolución 2625 1 - Asistencia of the UN 2 - Asistenecia of the authority even with the non members 3 - principio de la excepción de la jurisdiction interna de los estados. Examples: - To give help to a state when in need. 1970 The principle of the freedom of the population? (pueblos) la libre determinacion 4. El sistema normativo: caracteres e interacciones. 5. Normas generales y particulares. El ius cogens. 6. El fenómeno de codificación.