International Flashcards
(133 cards)
1
Q
IAEA - International atomic energy association
A
Un agency currently investigating Iran raising possible oil reserves as sanctions may be lifted which were aimed at preventing nuclear weapons in Iran.
2
Q
UKSC resolution 2178
A
doesnt reall say that terrosim is illegal internationally, just that there is a ILP for terroists- up to domestic governemnts to deal wish issues and have their own protections in place
3
Q
Texeco v Libya
A
dealt with in Libyan law but is sbject to IL principles. the contract was internationalised. Texeco sought arbitration as to which law applies. Although courts said in these circumstances libyan law applies, the contract is still applicable with international law.
4
Q
Barcelona tractions case
A
transnational corporations have ILP
5
Q
Mens rea
A
the mental intention to commit the act
also need to show causation
6
Q
Actus reus
A
the act itself
7
Q
Crimes against humanity
A
this is termed when the territory of the crime is unwilling to act, i.e. the paris attacks, as it was dealt with by france it is an ‘attack against french nationals’
widespread, persistant and sytamatic attack on the population
8
Q
Agression
A
hard to define, mentioned in nurembourg
on the face of it suddam hussains Kuwait attacks would seem to be an act of aggression and it was acted upon by the UN
9
Q
ICC statute art33
A
if the person was under legal obligation to follow the orders then thye can be let off, perhaps if they did not knwo that it was unlawful. this is not a defence for genocide or CAH as they are jus cogens crimes.
can claim insanity, intoxication, self defence
Duress- try to reform offender - erdamovic case.
10
Q
Sudan bashir case
A
moved to south africa who had not ratified the rome statute in an attempt to escape prosecution- this did not work- the Sccan bring the state under jurisdiction bypassing art 12
11
Q
yugoslavia
A
had tribunal externally as was not affected by the corrupt political system
12
Q
genocide
A
a question of intent, organisation and scale.
Rome statute art 6- definition of genocide.
must have dolus specialis
13
Q
peruvian case
A
givernement took decision which mean thtta their water supply was severly dimminished and theretend their very existance- howvwer no actual intent of genocide but rather an act that comprimised their existance
14
Q
Have you ratified the rome statute?
A
When state becomes party to the statute it agrees to submit itself to jrisdiction of the ICC with respect to crimes.
even if not a party the state may decide voluntarily to accept the ICC judgement, acting as HOG doesn’t exempt you from prosecution. there is significant external pressure to submit to ICC jurisdiction if do not deal with it adequatly on a domestic level.
15
Q
Investigation by the office of the Prosecutor
A
Any state party to the rome statute can request an investigation. The UNSC may also refer the situation to the court
16
Q
rome statute 98- into force 2002
A
established the ICC which is a permanent court established to investigate, prosecute and try individuals who have committed crimes affecting whole international community
17
Q
principle 1
stockholm convention
A
‘man has the right to a decent environment’
18
Q
principle 21 stockholm
A
sytate have a respponsibilityt to ensure tat activities within their control do not cause harm to other states beyond their jurisdiction.
19
Q
principle 17 rio
A
all activities that have the potential of harming another state must have a EIR (pulp mills- co-operation required)
due dillegence was shown by uraguay as they met quality standereds and had fufilled obligations under article 2 rio convention
20
Q
UN conference in rio 1992
A
promoted sustainable development
21
Q
Russian case
A
population were required to be moved. she exhausted local remedies. the steen town was built when environemental levels not as stringent. the outcome was that russia was in breach of article 8 human rights convention - right to private and family life
22
Q
shell oil
A
individuals against shell as a transnational company and the US as a state against a transnational company
23
Q
trail smelter
A
irrelevent if doen by private company- still state responsibility
24
Q
corfu channel case
A
extent to which states can act in a preventitive manner. it was in albanian territorial waters- if are not acting aggressivly- have right of innocent passage.UK ships were mined down, then sent other ships out to remove mines (prevention) but this was deemed to go to far as the UK were acting in their capacity as a large naval power acting in a way the smaller states couldn’t
25
Nicuragua
when Use of force is legal
| -Art 51 self defence
26
Caroline case
self defence existed but had to be defined. you have to act immediadltly and out of necssity.
27
Entebbe case 1976
Isralies tried to intervene to get their nationals back after ugandan plane hijacking. they killed 45 army memebrs and destroyed 45% of airforce. this was a territorial violation and an armed attack- they said it was a targeted mission- reflecting when israli hostages we taken atgerman olympic games, up to germans to get them back and everyone died.
28
Operation Eagle claw
Hostages held in US embassy in Tehran. The helicopter sent to rescue them breached air space and sovreignty. howvere as was in embassy- their territory
29
UN charter art 2(4)
states are prohibited from use of armed force. not war as such but to armed reprisals (italy case)
30
Uganda v Congo
Uganda had been invited to help adress the uprising groups in congo but they outstayed their welcome. their argument was that if they weren't there helping then the congalese authorities would not be doing anything- there has to eb some leeway for states defending against non state actors
31
Cuban missile crisis
soviet union allegedly holding missiles in cuba. Kennedy told soviet leader if he did this then there would be a war. US stating that they had a right to prevent the movement of weapons to cuba with the ideal of an attack on the US
32
Humanitarian action
UN allowed NATO to go into Kosovo as they alleged that the Serbs were carrying out ethnic cleansing
Vietnam- tried to prevent their situation as a humanitarian crisis but it was instead viewed as an act of aggression
33
Article 41 UN charter
this is re security council actions. they can make diplomatic and economic sanctions. they are also able to use force
UN kicked Iran out of Kuwait
34
League of nations convention on the prevention and punishment of terrorism 1937
not actually entered into force
act of terrosim means criminal acts directed against a state which is intended to create a state of terror (art 1(2))
35
terrosism
The act is done not for personal motives but for the pruposes of a political or ideological motivation.
The purpose of the act is to induce terror and to destabilize or destroy the structure of a councty
36
1963 Tokyo covention
this was re acts committed on an aircraft. it specifies acts affecting flight safety and the memebrs powers and duties, requiring them to take custody of offenders
37
Hague convention
also re aircraft and unlawful seizure. parties should make hijacking punishable by domestic law. extradition or puncishment
38
1979 Hostage convention
seeks to punish anyone that seizes, detains and threatens to kill/injure another person to compel another person or state to do/abstain from certain act
39
1997 Bombings convention
creates reigime of universal jurisdiction over the unlawful and intentional use of explosives in public places with intent to kill or cause excessive destruction
40
aut dedere aut judicare
to extradite or prosecute
41
2006 global counter terrosim stratagy
focus on needs of victims, bio terroism, internet, mone laundering. terrosism should not be associated with religion nationality, civilization or ethnic group. there is to be no financial or operational safe haven for terroists
42
counter terrosim and security act 2015 UK
art 26- authorities must have due regard in preventing people being drawn into terroism
art 31- freedom of expression in universities- there is to be a duty of freedom of speech ad academic freedom
43
ICCPR preamble
promotes conditions to protect and preserve basic human rights
44
ICCPR Art 7
The right to freedom from inhuman or degrading treatment
45
ICCPR art 18
right to express opinions freely without interference
46
ICCPR art 19
right to freedom of thought
47
Art 8 ICC statute
re war crimes
48
to be a state actor
according to nicoragua- there must be effective and significant control by the state
In the Yugoslavia Genocide the ICJ concluded that the VRS was not an organ of FRY as it was not in a relationship of 'complete dependance' nor was it an 'instrument'
49
genocide convention art 2
definition of genocide as ' committed with intent to destroy in whole or in part a national, ethnical, racial or religious group.
50
Responsibility of a state is incurred if the state manifestly failed to take all measures to prevent genocide which were within it's power'
Bosnia v Serbia- Serbia charged
51
purpose of ICC re crimes
the ICC is intended to complement national judicial systems and can excerisis it's jurisdiction only if national courts are genuinly unwilling or unable to investigate or prosecute such crimes- Genocide convention art 17
52
Genocide convetion art 2
must have actual feelings of animosity towards the group- must ahve actual intention to destroy in whole or in part- this is specific intent (dolus specialis)
53
Srebenica
there was an undoubtable aim to eliminate the whole group- not political intent. unlike 8000 men massacred over 7 days
54
Art 7 Rome statute
for a crime against humanity there must be a widespread and systamatic attack on the civilian population. must be the direct result of a policy or plan.
55
Limanj
asserted that any 'collaborators' taking part in hostilities were disentailed from civillian status
56
Martic case- definition of civilians
persons who are not members of the armed forces.
57
Art 28 rome statute re the actions of subordinates
the leader will be held responsible for the actions of his subordinates if he either knew or conciously disregarded information which clearly indicatedd that the subordinates were committing or about to commit a crime within the jurisdiction of the court
58
Brettom woods agreement 1994
created the IMF and world bank which support states in economic difficulties
created the dollar gold theory
59
tarriffs
are a charge essentially. if you want to import tractors then the country may have a tarriff on that good.
60
import substitution
try to make domestic industries sustainable. both countries want to trade yet they want to protect internal markets.
61
comparative advantage
when the tarriff barrier is removed then the market will determine the most efficient
62
EU- has very high tarriffs for agricultural goods
this means it is often hard to import from developiing countries- they have quite a high level of protectionism
63
WTO
designed to back the principle of free trade as a means of achieving normative outcomes;
- increase living standards
- attainment of full employment
- growth of real income
how?
-reduce trade barriers- increase market access
-elimination of discrimination
64
most favoured nation
no discrimination between trading parties. one are in market they must be treated the same way
65
regional trade agreements
EU, NAFTA
66
agriculture
EU will not import beef treated with hormones. this is a non tarriff barrier. the EU farmenrs are not very efficient so opening floodgates would mean a large loss of agricultural incomes. american farming has a competitive advantage
67
banana wars
France and britain sought to protect their banana farmers in the Caribbean by keeping the tarriffs near to zero. USA sought to acess the european maket but had to pay $107 per tonne- very high tarriff. germans said they wanted tarriff removed (stab in back) now the tarriff barrier for the USA is much lower.
The us pursuead a dispute through the WTO dispute resolution process. they negotiated a lower tarriff with europe
68
ARt 20 WTO charter
alows states to exempt themselves from agreements on provision of certain conditions
69
US shrimp turtle case
US importing shirmps from malaysia where unsafe nets were ebing used which trapped turtles. US used art 20 to exempt themselves from agreements re malaysia due to the nets. the exemption cannnot be arbitary or unjustifiable or a disguised restriction on trade but if it is neccessry it is ok say fro wildlife ect.
found to be damaging on turtle populations but the US had nto done enough to support the malaysians and had just abnned all imports. the uS had to provide a TED (turtle escape device) .
this is due to the WTO's recognition of asymetry between memebr states.
70
natioanal treatment
once the goods have enetered the market if they are the 'same' as internal goods they must not be discriminated against
71
texeco v libya
oil company- not looking for the reassertment of assets but compensation. this is generally what is sough in the investment circle. you can do this if they have nationalised your property i.e. suiss canal was nationalised to military uproar.
72
art 3 ecuador BIT
investments shall enjoy full protection and security and treated in no way less than that accorded to them by international law
73
Argintine EEZ
the chinese were fishing and wouldn'e leave. the argentines viewed this as proportional as it was a much larger vessel
74
Iceland fishing wars
iceland had a twelve mile limit but intorduced a wider limit of 200 miles as they felt threatened by EU's fishing policy. Iceland tried to ram down british boats which were there to get inbetween the Icelandic boats and UK trawlers. UK navy had to withdraw so iceland intheir absence began gunning down the trawlers. in the end as jsutification to the livlood they were allowed the 200 mile fishing limit
75
corfu
warships are allowed to pass but must give prior warning as to their intention and adopt a passive attitude
76
Art 111 'hot pursuit'
```
has to start while still in contigious or territorial zone
hot pursuit vesse must contain government officials and the pursuit must not be disturbed (MV saiger case)
art 111(3) hot pursuit stops when you reach the territorial sea of another state including it;s own- would need to ask for jurisdiction (norway and the uk have good relationship re this)
art 111(6) - the helicopter can take over hot pursuit providing it is part of the pursuit i.e an extenstion of the warship
```
77
R v Miller
posidean ship meeting a trawler in order to dispense the drugs whihc sailed directly into UK waters. customs union then arrested them. there was a gap of 65 hours before the hot pursuit began and by this time on the high seas so had to send the royal navy. arrest took place on high seas and creq taken back to UK for trial.
despite the fact the boat was on hig seas there was concrete proof of criminal activvity- there was constructive prescence between the two ships.
UK authorities needed the boat to lad before the crime crystalised and pursuit possible
78
International organisations
set out by states for set pruposes. the powers are defined by state and they act under international law
i.e the world health organiasation and the international union of poastal organiasations
- they are good forums for decision making and places to debate and draft new treaties
their speeches often contribute tot he development of soft law.
79
UN aims
try to prevent war
promote and esure protection of HR and equal rights
ensure justice and respect for treaty obliagtions
promote social progress and better standards of life
80
UN charter art 2
equal sovereignty between members
fuffill duties in good faith
settle disputes peacfully and don't endnger security
refrain from use of force (art 2(4)
ensure non members act in accordance in so far as necessary in order to promote peace and security
UN cannot impose on domestic issuse/ jurisdiction.
81
grotius
did not see the state as a seperate judicial entity but rather a body of free persons associated togetehr under a leader
82
geneva convention art 49 and 50
grave breaches include willful killing, torture or inhuman treatment, destruction of propoerty not millitarrily justifiable
83
resolution 794
any individual personally liable for war crimes and principle in command is also liable
84
UN chapter 7
uswd to enable SC to adopt binding decisions on all MS this allowed tribunals to be set up in yugoslavia
85
ICTY arts 2-5
jurisdiction over grave breaches of the geneva convention and international crimess
86
ICTY art 7
jurisdiction over those who planned instigated, ordered committed or otherwise aided- held individually responsible.
87
Kambanda (rwanda)
fist time a HOG convicted for genocide
88
Art 6 genocide convention
persons tried for genocide either in own territory court or by an international penal tribunal
89
Art 25 rome statute
person who commits crim will be held individually responsible and liable fro punishment
90
Art 4 ICTY - GENOCIDE
Jelsic case- it is the special intent that distinguishes genocide
Raggiu- person who initiates genocide has intent
Kristic- group target must be large enough to cause a significant effect on the group.
91
Art 2 ICTY - WAR CRIMES
serious violations of customary and treaty law concerning IHL
grave breaches of genevea conventions against persons/propoerty protected by them
art 3- poisinous weapons ect and siezure
92
non international war crimes- rwanda
ICTR statute provided for individual responsibility for violations
93
Tadic case
international law does not cover internal conflict in all respects but does cover 'areas such as protection of civillians from hostilities, indiscriminate attacks and protection of cultural property
held that individual responsibiliity applied whetehr international or not
94
Crimes against humanity art 6(c) nurembourg charter
murder, extermination, enslavement, deportation or other inhuman degrading attacks on civillian population (martic) Tokyo charter added rape, imprisonment and torture to list
95
CAH art 7 Rome statute
part of w, sys attact with knowledge of attack. talked about in tadic- acts must occur on widespread basis and their must eb soem form of governmenatl, organisational ot group policy to commit these acts and the peretrator must know the contest in which the acts are being takem
96
Akaseyu definition of widepread
massive, frequent, large scale action carried out collectivly with considerable seriousness and directed at a number of persons
97
UN res 3314/1974 defined aggression
it is the use of armed force by a state against sovreignty , territoiral integrity or political independance of another state or in manner inconsisistent with UN charter
98
AGrression art 6 nurembourg
crimes aginst peace namely planning preperation, intiioation or waging of a war of aggression or in violation of treaties
99
Art 5 (2)ICC
until apropriatly defined with set conditions the ICC will not excersis jurisdiction
100
Human rights- ICTY art 21
all persons equal
fair and public trial
presumed innocent until proven guilty
101
art 55 ICC statutes
shall not be under duress torture through investigation and shall have a competent interpretor
102
2010 ammendment to ICC statute re aggression
it is so excerisis control over the direct political/military action of a state- an act of aggression which by its character gravity and scale consitututes a massive violation of the un charter
this is good no defition of manifest though
103
croatia v serbia
state to state enforcement re prevention of genocide. both Pbought claims that the otehr was braching GC- dismissed as no proof
104
Prince v south africa
tried african commission on human rights art 18 universal declaration of human rights- freedom to religion yet as was a qualified right was subject to state limitiations
105
Libyan UN resolution
the instigation of the flyspace doen for human rights. shows overlap between human rights and humanitarian law
106
Kennedy v Charity commssion
freedom of information- relied on HRC gneral coment 34 on frfeedom of expression
107
SNAP
scottish national action plan- help to embed HR into domestic law
108
universal declaration of human rights 1948
art 1- all humans are born free and equal
art 2- everyone entitled to human rights- no discrimination
art 3- everyone has the right to life, liberty and security
art 5- right to be free from torture and degrading treatment
art 10- right to fair trial
art 12 - right to family and private life
art 15 right to nationality
art 25- right to adequate living standereds
109
international conventent on social and cultural rigths
art 13 everyone has the right to education
110
barcelona traction case
judge gave rise to erga omnes obligations which states have to work togetehr to achieve as a whole such as protection from genocide, slavery and discrimination
111
east timor case
judge refused to adjuidcate as indonesia absent as a third party in proceedings
112
art 2(7) un charter
the UN does not have juridiction over domestic issues without consent from states- reaffirmed by monetry gold case as albania had not defferred jurisdiction to the icj
113
5 torture techniques used bu uk against IRA
did not amount to torture even though a breach if ECHR- this was used as a defence by US and israel
114
stockholm conference 1972
first attempt to deal with environment/transboundray pollution ect
115
stockholm art 1
man has the right to a defccent environment
116
principle 21 stockholm
states have the responsibilityt o enesure that activities within their control do not cause harm to other states beyond their jurisdiction. must not cause harm or pollution to other states
117
UN conference on environment and development rio 1992
developing countries more concerned with economic issues- rio attempted to reconcile conflist thorugh sustainable development .
118
covention on long range transboundary pollution 1983
as result of european sulphur emmision and acidification of scnadinaviean lakes
119
corfu channel case
every state has an obligation not to knowingly allow its territoiry to be used for acts contrary tot he rights of other states- similar to stockholm art 21
120
nuclear weapons advisory opinion
' the general obligation of states to control activities within their jurisdiction and tp respect the environmenr of other states this is not part of the ocrpus of law relating to the envrionement
121
Articlefs on prevention of transboundary harm from hazourdous activities
art 3- due dillligence- state must introduce policies as new technology becomes avaliable
art 7 and 8 neccessity to complete an eia if risk f transboundar pollution
art 8- forbids state authorizing project until earlier o 6 months or recipt of response from notified state
122
Deep water horizon oil rig
inabppropriate reguaions and inadequate admin by busth
lack of vigilence in enforcement.
failure of governemtn to show due dillegence ressulting in gross envrionmental catastrophe
123
intergovernemntal panal on climate change
explore and investgate climate change and social economic factors - found that it is extremely likly that human has severly impacted global warming
124
UN resolution 45/53
the world is of common vital interest to man and is of global charactere
125
UN framework on climate change 1992
almost all states are parties. it identitfies adn establishes a set of principles processes and instiutues
126
art 2 UNFCC
achieve stabilisation of greenhouse gas concentrations in a sustainable manner
art 3.1 climte system should be protected for present and future generations in accordance to common resources
127
oecd
orgnaisation for economic coperation and deveolpment-- developed countries are memebrs
128
kyto protocol
is an international treaty which extends the 1992 United Nations Framework Convention on Climate Change (UNFCCC) that commits State Parties to reduce greenhouse gases emissions, based on the premise that (a) global warming exists and (b) man-made CO2 emissions have caused it.
129
paris agreement 2005
enhance convnention and strengthen global response to threat of climate change
130
congo civil wars
violation of art 2(4) principle- congo brought illegal action against uganda- court still deciding damages
131
Ethiopia v enita
another violation of use of force
132
caroline case re self defence
self defence must be instant, overwhelming and leaving no choice for mean or deliberation
133
principles of self defence
necessity- must be one and only remedy, no alternitive i.e negotiations or u avaliable action- it is meant to be an interim measure pending un action
propotionality- keep status quo rather than punitive
- iran/iraq war- never adjudication iran eventually becae the unlawfula ggressor
-us are bombing israli oil stations
