International Law Outline


ANAND (9-10) (go back and point to diverse origins) v. OPPENHEIM



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ANAND (9-10) (go back and point to diverse origins) v. OPPENHEIM (8-9) (focused on Christian Europe as heart of origins)

  • 19th century

    1. Shift from focus on MONARCH to focus on STATE

    2. Shift from CUSTOMARY law to TREATY law

      1. Positivist law –CONSENT-based. Should look to evidence of consent, like TREATIES.

      2. pacta sunt servanda – agreements will be respected/must be kept

      3. WHY? – doesn’t this just reward the powerful bargainers?

    3. Countershift – jus cogens. Some things you can’t bargain around.

  • Colonialism

    1. When have focus on states and consent, how do you dominate these new countries?

    2. Colonialism! Say no law exists here, or law is so alien you can’t form proper legal relationships.

    3. Has always been here

      1. Before was “naturalism” – one law from God that rules we spread it.

      2. Then, positivism – consent, and focus on evidence and law.

      3. Then, pragmatism.

    4. Ideas continue – IMF, World Bank – Anghie (10-11)

  • Chad/Libya

    1. Border fixed by treaty, but not between Chad/Libya

      1. 1955 Treaty of Friendship and Good Neighbourliness

    2. “traditional” view of international law

      1. Directory: sites -> default -> files -> upload documents
        upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
        upload documents -> Federalism – The Structure of Government
        upload documents -> General Info About Property law
        upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
        upload documents -> Property with Professor Vicki Been
        upload documents -> Property Outline – Professor Upham, Spring 2000
        upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
        upload documents -> Complex federal investigations
        upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
        upload documents -> Pricing v. Sanctions


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