Lecturer: Miljen Matijašević G10, room 6/I, Tue 15:30-16:30 Session 7, 2 Dec 2014

1. Revision of the previous session 2. The Legal Character of International Law

Wills and Inheritance

1. nasljednik 2. oporučitelj 3. umrijeti bez oporuke 4. izvršitelj oporuke 5. sudska ovjera oporuke 6. oporučni dar

1. nasljednik – beneficiary, legatee 2. oporučitelj – testator 3. umrijeti bez oporuke – to die intestate 4. izvršitelj oporuke – executor of the will 5. sudska ovjera oporuke – probate 6. oporučni dar – devise, bequest, legacy

1. What are the requirements for a valid will? 2. Is the family of the deceased guaranteed a part of the estate? 3. Who are personal representatives of the deceased? 4. What is probate of the will? 6. What must executors do after the testator’s death? 7. What happens in the case of intestacy?

1. Ovim dodatkom oporuci opozivaju se sve moje prethodno napisane oporuke. 2. Svojoj kćeri Elise ostavljam novčanu ostavštinu u iznosu od 1200 funti. 3. Svoju suprugu Danu Russell i svog odvjetnika Roberta Croydona imenujem izvršiteljima ove oporuke. 4. Ukupni ostatak svojih nekretnina i osobne imovine ostavljam supruzi koju budem imao u vrijeme svoje smrti.

1. This codicil revokes all my previous wills. 2. To my daughter, Elise, I leave a pecuniary bequest of 1,200 pounds. 3. I appoint my wife, Dana Russell, and my solicitor, Robert Croydon, to be the executors of this will. 4. I bequeath all the residue of my real and personal estate to my spouse at the time of my death.

Unit 25

1. public international law 2. supranational law 3. private international law (a.k.a. conflict of laws)

SUPRANATIONAL LAW  law of the European Union  regional law binding on member states PRIVATE INTERNATIONAL LAW  addresses conflicts of jurisdiction in cases concerning individuals or businesses from different sovereign states

 the body of laws, rules or legal principles governing relations between states (but also international organisations and, sometimes, individuals)

 includes areas such as: ◦ air law ◦ space law ◦ maritime law ◦ diplomatic relations ◦ human rights law ◦ law of armed conflict ◦ international environmental law ◦ international trade law

 first emerged after the First World War, with the establishing of the League of the Nations  no central international body that makes international law  laid down by international organisations (e.g. the United Nations) and subject-oriented organisations (UNESCO, WHO, FAO, etc.)

1. international treaties and conventions 2. custom (evidence of general practice accepted as law) 3. general legal principles recognized by civilized nations

SUBSIDIARY SOURCES 1. judicial decisions (case law) 2. teachings and doctrines

TREATY  ‘an international agreement concluded between States in written form and governed by international law...’* *from the Vienna Convention on the Law of Treaties (1969) CONVENTION  usually adopted by international organisations  take various forms (conventions, charters, protocols, etc.)

ADOPTION  formal agreement on the form and content of the text of a proposed treaty SIGNATURE  signing of the treaty by the representatives of the negotiating states, of expressing consent of a state to be bound by a treaty, or an expression of provisional consent subject to ratification, acceptance, or approval (verbs: to adopt, to sign a treaty)

RATIFICATION  the definite consent of a state to be bound by the treaty (usually done by representative/legislative bodies of a state) ENTRY INTO FORCE  the beginning of the period of the binding force of a treaty (verbs: to ratify a treaty, to enter into force)

ACCESSION  is the formal acceptance of a treaty by a state which did not take part in negotiating and signing it (verb: to accede to a treaty) RESERVATION  a unilateral statement made by a state when signing, ratifying, or acceding to a treaty, by which it means to exclude or to modify the legal effect of certain provisions of the treaty in their application to that state

 principles governing international treaties used to be part of customary law  codified in the Vienna Convention on the Law of Treaties (1969, EIF: 1980)  lays down five major principles governing international treaties

the five principles: 1. free consent 2. good faith (bona fide) 3. pacta sunt servanda 4. rebus sic stantibus 5. favor contractus

FREE CONSENT  parties enter IA by free consent  IA cannot create obligations on third parties GOOD FAITH  acting in good faith, with the best intentions PACTA SUNT SERVANDA  treaties are binding upon the parties  internal law cannot be justification for breach of a treaty

REBUS SIC STANTIBUS  extraordinary circumstance may lead to the termination of a treaty  e.g. a severe breach, disappearance or change of circumstances FAVOR CONTRACTUS  preference for the maintenance rather than termination of a treaty  better to conclude a treaty than abandon for formal reasons

 stems from a pattern of state practice motivated by a sense of legal right or obligation  pertains to: diplomatic correspondence, national legislation, legal opinions, evidence given before courts and tribunals, parliamentary debates etc.

 principles of custom can be CODIFIED  e.g. the law of war, codified in the Geneva Conventions  the law of treaties – Vienna Convention

some common principles:  estoppel – prevents the denying of statements issued and facts agreed to be true  responsibility for the reparation for damage  responsibility of a state for acts of its agents

 primary judicial organ of the United Nations  established in 1945 by the UN Charter  situated in The Hague, Netherlands

 jurisdiction over treaties and conventions in force  decides on contentious issues as submitted by states  also issues advisory opinions to UN bodies and agencies

 composed of 15 judges – 5 from Western countries, 3 from African countries, 2 for Eastern European states, 3 for Asian states, 2 for Latin America and the Carribean  5 judges are from UN Security Council permanent member states  ad hoc judges may be appointed for particular cases (usually from the applicant and/or respondent states)

 applicant state files an application  respondent state may or may not agree to take part  if both agree, the Court deliberates and issues a decision  decision binding and final (no appeal)

 judges may give separate and dissenting opinions  separate opinions are concurring, but provide a different reasoning  dissenting opinions disagree with the majority  enforcement measures for non-compliance within the competence of the Security Council (usually not used)

Thank you for your attention!