Case law Flashcards
(5 cards)
Explain what is stated in “Palestine as UN Observer State : Does this Make Palestine A State?”
The UN General Assembly vote granting Palestine non-member observer state status, was a symbolic and legal milestone that strengthened its claim to statehood and enabled greater access to international legal institutions, though it did not change on-the-ground realities or guarantee full UN membership
Explain what is stated in “Reparation for Injuries Suffered in the Service of the United Nations”
The UN has its own legal identity and the right to seek compensation from any country—member or not—when its agents are harmed, thereby affirming the UN’s ability to protect its staff and function effectively as an independent international organization.
Explain what is stated in “Montevideo Convention (1933) Article 1”
A state, under international law, must meet fouressential criteria:
1) Permanent Population: people must live there continuously
2) Defined Territory: it must have recognized borders, even if disputed
3) Government: it must have an authority that can enforce laws and maintain order
4) Capacity for International Relations: it must be able to engage independently with other states
Explain what is stated in “Article 38 of the Statute of the International Court of Justice”
Sources of international law that the IC Jmust apply when resolving dusputes between states:
1) International treaties and conventions: binding agreements between states
2) International customary law: consistent state practices followed out of a sense of legal obligation
3) General principles of law: foundational legal concepts common across national legal systems
4) Judicial decisions and legal scholarship: used as subsidiary means to help interpret the law
Additionally, if both parties agree, the Court may decide a case ex aequo et bono (based on fairness rather than strict legal rules)
