Les caractéristiques du droit international public

Summary

This video discusses the distinct nature of international public law compared to domestic law, emphasizing the absence of a global authority and coercive power. It highlights the central role of state sovereignty and the voluntary consent of states in applying international law. The speaker explains the main sources of international law, including conventions and customs, while noting the incomplete nature of the sources listed in the Statute of the International Court of Justice. The challenges in enforcing international law are underscored, particularly the uncertainty surrounding mandatory texts and the reliance on state consent for implementation.

Takeaways

• 😀 The script discusses the key characteristics that differentiate international public law from domestic law.
• 😀 International public law lacks a central authority or enforcement power, unlike domestic legal systems.
• 😀 There is no global parliament or government that governs international society, nor a global judiciary to automatically sanction violations of international law.
• 😀 The United Nations does not fulfill the role of an overarching global authority in the international legal system.
• 😀 International law is primarily concerned with the state as the central subject, with principles of sovereignty and independence preventing the existence of a global sovereign command.
• 😀 The script references Article 38 of the Statute of the International Court of Justice to outline the key sources of international law.
• 😀 The list of sources is not hierarchical and includes categories that are debatable, such as doctrine, and excludes unilateral acts.
• 😀 International law consists mainly of treaty-based and customary rules, which number in the thousands.
• 😀 The application of international law generally requires the consent of states, as it is based on the principles of sovereignty and equal sovereignty.
• 😀 The concept of *jus cogens* norms, or peremptory norms, may theoretically override consent, but defining these norms is challenging.
• 😀 The enforcement and compliance with international law are often reliant on the will of states, with increasing doubts about the binding nature of some legal texts.

Q & A

What is the key difference between domestic law and international public law?

Domestic law is characterized by a well-organized legal system with authorities and enforcement mechanisms, while international public law lacks a central authority and is not enforced through a global government or judicial system.

Why does international public law lack a central enforcement mechanism?

International public law lacks a central enforcement mechanism because the main subjects of international law are states, which are sovereign and independent, and the principles of sovereignty oppose the existence of a global governing authority.

Does the United Nations act as an enforcement body for international law?

No, the United Nations does not act as an enforcement body for international law. While it may play a role in promoting peace and cooperation, it does not have the power to automatically enforce international law or sanction violations.

What is Article 38 of the Statute of the International Court of Justice and why is it important?

Article 38 of the Statute of the International Court of Justice enumerates the main sources of international public law, including treaties, customary law, and judicial decisions. It is important because it provides a framework for understanding the sources of international legal norms.

Are the categories of sources listed in Article 38 hierarchical?

No, the categories listed in Article 38 are not hierarchical. They include sources like treaties, customary law, and legal doctrine, but they are not arranged in a strict order of priority.

What is the role of state consent in the application of international law?

The application of international public law generally depends on the consent of states. This consent is based on principles of sovereignty and equality, meaning states are not legally bound unless they agree to the legal obligations.

What is meant by the term 'jus cogens' in international law?

'Jus cogens' refers to norms of international law that are considered peremptory or universally binding, meaning they cannot be derogated from by states. However, it is challenging to define a clear list of such norms.

Why are some international legal norms difficult to apply or enforce?

International legal norms can be difficult to apply or enforce due to the voluntary nature of state consent, the complex relationship between states, and the lack of an overarching global authority to ensure compliance.

How does customary international law differ from treaties?

Customary international law consists of practices and customs that states follow out of a sense of legal obligation, even without written agreements. Treaties, on the other hand, are formal written agreements between states that explicitly define their legal obligations.

What challenges arise from the increasing adoption of mandatory international legal texts?

The increasing adoption of mandatory international legal texts has led to doubts about their enforceability and the clarity of their obligations, as states may interpret or implement these texts differently based on their interests or sovereignty concerns.