Sumber Hukum Internasional - Perjanjian Internasional

Summary

This lecture delves into the concept of sources of international law, a crucial topic in international law courses. It distinguishes between formal and material sources, with formal sources including treaties, customary international law, and general principles of law, while material sources encompass judicial decisions and scholarly writings. The lecture also explores the formation, types, and termination of international agreements, highlighting their significance in shaping international legal relations.

Takeaways

• 📚 The lecture discusses international law sources, a fundamental topic in international law courses.
• 🌐 International law sources are systematically categorized into formal and material sources, with formal sources including treaties, customary international law, and general principles of law.
• 📜 Treaties are defined as international agreements concluded in written form, governed by international law, and involving states or international organizations.
• 🏛 The Vienna Convention on the Law of Treaties (VCLT 1969) provides a widely accepted definition of international treaties.
• 🤝 Treaties can be bilateral (between two states) or multilateral (involving more than two states) and can be regional or universal in scope.
• 🔖 The formation of an international treaty typically involves negotiation, signing, and ratification, although some treaties may be effective immediately after signing.
• 🔄 The process of ratification involves a state formally binding itself to a treaty, often requiring the exchange of instruments of ratification.
• ✅ Reservations allow states to exclude or modify the legal effect of certain treaty provisions in their application.
• 🔄 Accession is similar to ratification but is used by states that were not original parties to the treaty negotiations.
• 🏛 The International Court of Justice (ICJ) uses Article 38 of its Statute as a reference for determining international law sources and for adjudicating cases.

Q & A

What does 'sumber hukum' refer to in the context of international law?

In the context of international law, 'sumber hukum' or 'sources of law' refer to the systematic or conceptual approaches to categorize the origins of legal norms. It includes the basis of obligations in international law, factors influencing its development, and evidence or documentation that generally form the law.

How does Herbert Bridge differentiate the sources of international law?

Herbert Bridge differentiates the sources of international law into three categories: 1) the basis or foundation of international law, such as obligations; 2) the cause or factors influencing its development, often considered as material sources; and 3) evidence or documentation, which are the proofs of the existence of certain rules.

What is Hans Kelsen's perspective on the sources of law?

Hans Kelsen views the sources of law as norms that grant authority to individuals to create other norms. In the context of international law, Kelsen's interpretation places the sources of law within the framework of his famous 'pyramid theory' or 'Stufenbau', considering them as the highest or most foundational norms.

What is the difference between formal and material sources of law according to international legal scholars?

Formal sources of law are the processes by which a legal rule gains its validity, while material sources of law pertain to the content of specific rules. The distinction is often related to the formal creation of law and its content's legal binding nature.

What does Bronly argue about the difference between formal and material sources of law?

Bronly argues that the formal sources of law indicate the methods of forming rules that are generally applied and legally binding, while material sources provide evidence of the existence of specific rules. He also suggests that the distinction between formal and material sources of law is more accurately related to constitutional law rather than international law, given the unique characteristics of international law.

What are the primary and secondary sources of international law as outlined in Article 38 of the Statute of the International Court of Justice?

According to Article 38 of the Statute of the International Court of Justice, the primary sources of international law are treaties, international custom, and general principles of law, while secondary sources include judicial decisions and the teachings of distinguished scholars.

What is the definition of an international agreement according to the 1969 Vienna Convention on the Law of Treaties (VCLT)?

The 1969 Vienna Convention on the Law of Treaties (VCLT) defines an international agreement as an agreement concluded between states in written form, whether a single instrument or two or more related instruments, and governed by international law.

What are the different types of international agreements?

International agreements can be bilateral, involving only two states, or multilateral, involving more than two states. They can also be classified based on their scope as regional or universal, and based on participation as open or limited to the original negotiating parties.

What are the stages involved in the formation of an international agreement?

The formation of an international agreement generally involves stages such as negotiation, signing, and ratification. In some cases, especially for bilateral agreements, the agreement may come into force after negotiation and signing without the need for ratification.

What is the significance of ratification in the context of international agreements?

Ratification is a formal process where a state expresses its consent to be bound by a treaty. It involves the exchange of instruments of ratification, signifying that the state agrees to be legally bound by the terms of the agreement.

How can an international agreement be terminated or suspended?

An international agreement can be terminated or suspended if its objectives have been achieved, if the agreed period of validity has expired, if the subject or object of the agreement ceases to exist, if there is a subsequent agreement that nullifies the previous one, or if all parties agree to terminate the agreement.