1. History and notion of international law

2. Notion of international law
Branch of law that primarily regulates inter-state relations
Peculiar feature: horizontal regulation, states are creating international law and subjected to it at the same time
(domestic law: vertical legal order)

3. Comparison of domestic and international law
Hierarchical (subordination)
Authoritative
Separation of powers
Subject and legislator are separate
State monopolizes violence
Horizontal regulation
Based on reciprocity
Max. limited separation
State is both subject and creator of law
SC exceptionally

4. Judicial dispute settlement of disputes based on compulsory jurisdiction, hierarchical judiciary
Numerous legal subjects
Grave violation of law is frequent
Creation of law is easy
Jurisdiction is based on consent, possibly more than one court (fragmentation)
Relatively small number of legal subjects
Grave violation of law is exceptional
Difficult

5. Subjects of international law
State (primary and original subject)
International (intergovernmental) organizations
Individual in specific situations (eg. International criminal law)
Special subjects: national liberation movements, belligerents, orders (Sovereing Order of Malta and Jerusalem), Holy See
Mankind?
Future generations?

6. History of international law
Certain institutions appeared very early
2100 BC: Treaty defining borders between Umma and Lagas (Sumerian city states)
6 – 4. century BC: treaties between Greek states, early form of consul (proxenos)
Rome: jus gentium

7. Hugo Grotius (1583-1645): „father” of international law
BUT: state-centered system of international law only evolved since the XVIIth century
Hugo Grotius ( ): „father” of international law
1648. Treaty of Westphalia: principle of sovereign equality
Sovereignty centered conception of international law (Emeric de Vattel)
Jeremy Bentham: international law (instead of law of nations)
Until mid-XXth century: traditional international law, based on Great Power privileges, institution of war

8. 1945. UN Charter: new international legal order
Focus is on the protection of international peace and security
Prohibition of the threat and use of force
Settlement of disputes by peaceful means
Full (formal) sovereign equality
Peoples’ right to self-determination
Importance of human rights