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International law is defined in two ways, traditional and modern.

In traditional, international law is that branch of public law which regulates the regulations of states and other entities which have been granted international personality. (this definition focuses on subjects which are entities which possess international personality and with rights and regulations recognized under international law, as against objects, which are person or things in respect of which are held and obligations assumed by the subjects of international law.) In modern, it is a law that deals with the conduct of the states and international organizations, their relations with each other and, in certain circumstances, their relations with persons, natural or juridical. The basis of this is the law of nature. It is the principle of right and wrong. Next is the positivist school, that the agreement of the states is bound by law of coordination and not by subordination. Lastly, eclectic or grotian school, it should conform with the dictates of reason. Doctrine of incorporation it is part of the law of the land through the doctrine of incorporation. It adheres to the policy of peace, equality, justice, justice, freedom cooperation, and amity with all nations. (Very important later on, especially when you reason out.) Sources of international law Primary sources: Treaties and conventions International customs (those customary of the state or part of their everyday activities) General principles of law Secondary sources: Judicial decisions

The subject of international law The state It is defined as a group of people living together in a fixed territory, organized or political ends under an independent government, and capable of entering into international relations with other states. Elements: People, territory and government

Other suggested elements: Civilization and recognition

Lets proceed to the fundamental rights of the state There are three A. Existence and self preservation B. Right to sovereignty and independence C. Right to equality Ill be focusing n existence and preservation It is the most basic and important right. The right to defend themselves if an armed attack occurs on such state. However, if there is clear showing of grave and actual danger that would also affect other nations the security council (the big five: Russia, france, uk, china and u.s) will determine whether an armed attack has taken place. Aggression The use of armed force by a state against sovereignty, territorial integrity or political independence of another state, or in any other manner inconsistent with the U.N. charter. The first use of armed force by a state in contravention of the U.N. charter is prima facie evidence of an act of aggression. Threat is not enough there must be grave and actual danger.

Treaties is defined as an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more instruments and whatever its particular designation.

Settlements of disputes There are two modes Pacific or amicable modes Refer to article 3 of the UN charter

Hostile methods

When pacific methods have failed There are four methods a. Severance of diplomatic relations b. Retorsion- lawful coercive acts done in retaliation for unfair treatment and acts of discrimination of another state. c. Reprisal- unfriendly and unlawful acts in retaliation for reciprocal unlawful acts of another state. Forms of reprisal: a. Freezing of assets b. Embargo- forcible detention of the property of the offending state c. Pacific blockade- prevention of entry d. Non- intercourse- suspension of all intercourse with the offending state e. Boycott- suspension of commercial relations

Role of the united nations If all else fails, the security council will decide on what to do and if everything else is rejected. The council will call for a general assembly to decide with the recommendations of the members on the collective measures including the use of armed force when necessary.

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