MIDTERMS - PIL

International law is the law which deals with the conduct of states and of international organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical.

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Public International Law is derived principally from treaties, international customs and general principles of law while Municipal Law consists mainly of statutory enactments, and to lesser extent executive orders and judicial pronouncements.

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Custom or customary international law has two basic elements of custom, the material factor and the objective factor.

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The most important element of the material factor is the duration because of continuity and repetition.

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Opinio juris sive necessitates means in cases not covered by this Protocol I or by any other international agreements, civilians and combatants remain under the protection and authority of the principles of the international law derived from established humanity and from the dictates of public conscience.

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The sources of international law are custom, treaties and other international agreements, generally recognized principles of law, judicial decisions and teachings of highly qualified and recognized publicists.

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Treaty is an international agreement concluded between States in written form and governed by municipal law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.

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A person is considered as representing a State for the purpose of adopting or authenticating the text of a treaty or for the purpose of expressing the consent of the State to be bound by a treaty if he produces appropriate full powers or it appears from the practice of the States concerned or from other circumstances that their intention was to consider that person as representing the State for such purposes and to dispense with full powers.

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The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or rejection, or by any other means if so agreed.

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The signatures in the treaty serve as authentication of the document.

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