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The movement of LGBT International Law Theory centers on the inclusion and awareness of LGBT rights (and protection of persons), as well as the integration of queer theory within the realm of international law. As LGBT theory has become more prominent in scholarly works, international courts and international law organizations (particularly the ...
Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...
The history of international law examines the evolution and development of public international law in both state practice and conceptual understanding. Modern international law developed out of Renaissance Europe and is strongly entwined with the development of western political organisation at that time.
The Westphalian system, also known as Westphalian sovereignty, is a principle in international law that each state has exclusive sovereignty over its territory.The principle developed in Europe after the Peace of Westphalia in 1648, based on the state theory of Jean Bodin and the natural law teachings of Hugo Grotius.
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
Behavioural international relations theory is an approach to international relations theory which believes in the idea that the social sciences can adapt methodologies from the natural sciences. [67] Accordingly, behavioural scholars reject isms (ideological approaches) because their adherents believe the maxims of their isms are self-evidently ...
International legal personality (International juridical personality) is an important facet of international law that has developed throughout history as a means of international representation and capacity to contract and institute International legal proceedings. With the acquirement of personality comes privileges and International rights ...
In most so-called "monist" states, a distinction between international law in the form of treaties, and other international law, e.g., customary international law or jus cogens, is made; such states may thus be partly monist and partly dualist. In a pure monist state, international law does not need to be translated into national law.