a.) Jus ad bellum: The laws of war (or when to make war) – The use of force is permitted if it is in the interests of international peace and security and self-defence. International law includes the basic classical legal concepts in national legal systems (i.e. laws, property law, tort liability, etc.). It also includes substantive law, procedural law, due process guarantees and remedies. Important substantive areas of international law are: Political settlements have from time to time given rise to entities, such as the former Free City of Danzig, which enjoy a certain autonomy, territory and population, as well as certain legal capacities at the international level and more or less resembling States. Politically, such entities are not states in the normal sense of the term, but legally the distinction is not very meaningful. The contractual origin of the entity and the existence of some form of protection by an international organization – in the case of Gdansk, the League of Nations – are irrelevant if the entity ultimately possesses autonomy and a core of greater legal capacity, such as the power to conclude treaties in order to maintain order and exercise jurisdiction over the territory. and to have an independent nationality law. The jurisprudence of the Permanent Court has recognized that Danzig has an international personality close to that of a state, unless treaty obligations create special relations with the League of Nations and with Poland.14According to Articles 100 to 108 of the Treaty of Versailles, the League of Nations had supervisory functions and Poland had control of Danzig`s foreign relations.15 The result was a protectorate, whose legal status and constitution were externally controlled. Characterizing legal entities such as Gdansk as “internationalized territories”16 is not very helpful, as the term covers a number of different entities and situations and excludes the question of legal personality.17 The fact is that a special status can be associated without the creation of a legal person. A territory within a state can be granted a certain degree of autonomy by treaty, without leading to an independent personality at the international level: this was the case of the Memel region, which had a special status in the period from 1924 to 1939, but remained part of Lithuania.18 Another type of regime, This was the regime proposed by the Trusteeship Council for Jerusalem in 1950 but never applied.19 In such a case, no new legal entity is created unless an agency of an international organization can enjoy some autonomy.

This research guide focuses on how international law is derived, how it evolves and how it can be studied. Exploring this topic often requires the use of a wide range of different resources, ranging from explicitly written multilateral treaties to interpretations of internationally accepted legal principles described by scholars. Article 38 of the Statute of the International Court of Justice refers to three sources of international law in traditional source theory: treaties, customary international law and general principles of law. The same provision also refers to two tools for determining legal norms: judicial decisions and the teaching of highly qualified publicists. Both realist theory and fictitious theory have taken the extreme course of opinion. But functional theory tends to hit both extremist theories on a new approach path. According to this theory, neither states nor individuals are the only subjects; Both are an integral part of international law and are therefore considered subjects of international law. States that are principal and active subjects of international law have rights, duties and obligations recognized under international law and are able to enforce them through international claims. At the same time, individuals have also been granted certain rights, duties and obligations under modern international law and can enforce them through international claims.

The increasingly integrative approach of international law has broadened the scope and scope of the field, with international organizations and non-governmental bodies also finding a place and acquiring the status of subjects.[18] Realist theory reflects the traditional views of international law held by people like Bentham in the 18th century. This theory suggests that only nation-states should be considered exclusively as subjects of international law. According to this theory, international law regulates the conduct of States and, therefore, only States can be granted subject status. Nation-states, independent of the individuals who compose them, are separate entities with rights, duties and duties and possess the capacity to enforce their rights under international law, so that nation-states are the ultimate subjects of international law. International law, also called international law or international law, is the set of legal rules, norms and standards that apply between sovereign states and other legal entities legally recognized as international actors. The term “international law” was coined by the eminent English philosopher Jeremy Bentham. According to Bentham, transactions that take place between persons subject to different States are governed by domestic laws and decided by the domestic courts of one of the States of the party. The same applies if a State conducts direct transactions with a private member of another State; The State, reduced to the stature of an individual, submits to both courts. Here, Bentham explored the possibility of another situation in which there could be reciprocal transactions between sovereigns, and this is where international law comes into play.

[1] On the one hand, the Court stated: “The constitutional framework derives its binding force from the binding nature of resolution 1244 (1999) and thus from international law.