Lecturer: Miljen Matijašević
G10, room 6/I, Tue 11:30-12:30
e-mail: miljen.matijasevic@gmail.com
Session 8
1.
Revision of the previous session
2.
The Legal Character of International Law
Wills and Inheritance
1.
2.
3.
4.
5.
6.
7.
nasljednik
oporučitelj
umrijeti bez oporuke
izvršitelj oporuke
sudska ovjera oporuke
oporučni dar
nužni nasljednik
1.
2.
3.
4.
5.
6.
7.
nasljednik – beneficiary, legatee
oporučitelj – testator
umrijeti bez oporuke – to die intestate
izvršitelj oporuke – executor of the will
sudska ovjera oporuke – probate
oporučni dar – devise, bequest, legacy
nužni nasljednik – forced heir
1.
What are the requirements for a valid will?
2.
How can a will be revoked?
3.
Is the family of the deceased guaranteed a part of
the estate?
4.
Who are personal representatives of the deceased?
5.
What is probate of the will?
6.
What happens in the case of intestacy?
1.
2.
3.
4.
Ovim dodatkom oporuci opozivaju se sve moje
prethodno sastavljene oporuke.
Svojoj kćeri Elise ostavljam novčanu ostavštinu u
iznosu od 1200 funti.
Svoju suprugu Danu Russell i svog odvjetnika
Roberta Croydona imenujem izvršiteljima ove
oporuke.
Ukupni ostatak svojih nekretnina i osobne imovine
ostavljam supruzi koju budem imao u vrijeme
svoje smrti.
1.
2.
3.
4.
This codicil revokes all my previous wills.
To my daughter, Elise, I bequeath a pecuniary
bequest of 1,200 pounds.
I appoint my wife, Dana Russell, and my solicitor,
Robert Croydon, to be the executors of this will.
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

e.g. 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)
1.
2.
Think of the differences between national and
international law in terms of enactment and
enforcement. What specific problems can occur?
What are the areas which should be regulated by
international law? In what ways do you think
international law is successful?

includes areas such as:
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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
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
3.
general legal principles recognized by
civilized nations

UN’s International Law Commission

main task – codification of international law

works mainly at requests by the UN General
Assembly
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
 acceptance into national law, typically done
by national legislatures
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.
2.
3.
4.
5.
free consent
good faith (bona fide)
pacta sunt servanda
rebus sic stantibus
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 (national) law cannot be justification
for breach of a treaty
REBUS SIC STANTIBUS


extraordinary circumstances 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.
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
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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
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

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)
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
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)
enforcement measures for non-compliance
within the competence of the Security Council
(usually not used)
1.
2.
3.
4.
5.
Parties ___ a treaty are the States of the International
Organisations which have consented to be bound ___ the
treaty and for which the treaty is ___ force.
By becoming a signatory ___ the convention with 172 other
countries, Russia is taking an important step to facilitate
environmental legislation.
___ the Convention on the Rights of the Child, persons
under the age of 18 are entitled ___ special protection.
International laws apply ___ the citizens of all signatory
nations.
The Council of Ministers of the East African Community is a
policy organ whose decisions, directives and regulations
are binding ___ Partner States.
1.
2.
3.
4.
5.
Parties TO a treaty are the States of the International
Organisations which have consented to be bound BY the
treaty and for which the treaty is IN force.
By becoming a signatory TO the convention with 172 other
countries, Russia is taking an important step to facilitate
environmental legislation.
UNDER the Convention on the Rights of the Child, persons
under the age of 18 are entitled TO special protection.
International laws apply TO the citizens of all signatory
nations.
The Council of Ministers of the East African Community is a
policy organ whose decisions, directives and regulations
are binding ON Partner States.
Thank you for your attention!