Summary: International law as a legal system
The article is about International Law. International Law is a legal system with norms, rules and principles.
When applying international law, it isnecessary to determine the relationship between two norms which are both valid and applicable in the same case. To do so, the relationship could fall into two general types, relationship ofinterpretation and relationship of conflicts.
Another principle is that a special law derogates the general law. This principle is a technique of interpretation and conflict resolution between differentnorms, so when there are two or more norms with the same subject matter, priority should be given to the norm that is more specific. In addition, the special law must be used to clarify the general law.But, there are laws that can not be repealed, because there are two principles: “ius cogens” which is obligatory for all states and “erga omnes” which is a norm applied to all men withoutdiscrimination.
there are also rules of interpretation in the law of treaties. Therefore, the treaty must be interpreted as an instrument which is a part of a legal system. This rule is in article 31 of VienaConvention and is called “systemic Integration”. Furthermore, the parties have a customary law. So, there is a new element in the system. In that case, if there is not any rule, the customary law isapplied between parties.
Another maxim is “lex posterior derogat legi priori”. It is the case when the rule of a treaty is incompatible with another rule from another treaty. In case of conflicts betweentreaties, the later law is applied.
International law is composed of:
• International treaties
• International Customary Law
• And the general principles of law.
International treaties maybe bilateral or multilateral, in both cases they require that the signatory state enforce and implement the agreed standard above the national standards.
This article refers specifically to the...
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