Previous Questions Flashcards
What are conditions for statehood
- conditions = independant and stable government + territory with settled borders within which the government exercises its jurisdiction + permanent population settled in that territory and ruled by the government in question
- issue of recognition (+ admission to UN)
How can a treaty be terminated
- 2 situations = termination by consent of the parties OR without regards of their consent
- if termination by consent = expiry of the period fixed in the treaty OR execution of the treaty OR occurence of a resolutory condition OR denunciation or withdrawal OR explicit/taict consent after the conclusion of the treaty.
- if termination without regard for consent = breach of obligations OR impossibility of performance OR fundamental change of circumstances OR emergence of a new peremptory norm of general international law (OR effect of situations of international armed conflict)
- termination if invalidity
Articles on wrongful act
When it comes to internationally wrongful acts, the primary framework is set out in the International Law Commission’s Articles on State Responsibility. These articles, officially known as the “Articles on the Responsibility of States for Internationally Wrongful Acts,” were adopted in 2001.
The key articles include:
Article 1: Defines an internationally wrongful act as one that’s attributable to the state and constitutes a breach of an international obligation.
Article 2: Outlines the elements of an internationally wrongful act, which include an act or omission, the breach of an international obligation, and that the act can be attributed to the state.
Articles 4-11: Detail various circumstances under which a state can be held responsible, such as the actions of state organs, the conduct of persons or entities exercising elements of governmental authority, and the involvement of a state in the wrongful act of another state.
Different steps to make a treaty reservation
Reservations cannot be formulated when: they are prohibited by the text of the treaty; they are incompatible with the object and purpose of the treaty; they are in contrast with a rule of jus cogens. There is no centraliaed body checking the admissibility of a reservation.
Who are the permanent members of the UN security council and who has veto power?
The Security Council consists of ten elected members, and five permanent members–China, the United States, France, the United Kingdom, and the Russian Federation. The permanent members have veto power.
According to Oppenheim’s International Law : United Nations, “Permanent membership in the Security Council was granted to five states based on their importance in the aftermath of World War II.”
What is the good faith principle in international law
The principle of good faith is a fundamental concept in international law that emphasizes honesty, fairness, and sincerity in the conduct of states and other international actors. Here are the key aspects of the good faith principle:
Pacta Sunt Servanda:
At its core, the principle of good faith is closely linked to the Latin maxim “pacta sunt servanda,” which means “agreements must be kept.” States are expected to fulfill the obligations they voluntarily assume under treaties and other international agreements.
Treaties and Agreements:
Good faith is a cornerstone in the negotiation, conclusion, and implementation of treaties. States are expected to negotiate and perform their treaty obligations in a sincere and honest manner.
Customary International Law:
The good faith principle extends beyond treaties to customary international law. States are expected to act honestly and not undermine the development or observance of customary norms.
Reasonableness and Fairness:
The principle of good faith requires states to act reasonably and fairly in their dealings with other states. This includes avoiding actions that would defeat the purpose of an agreement or undermine the legitimate expectations of other parties.
Prevention of Abuse:
Good faith serves as a safeguard against the abuse of rights. States should not exploit legal loopholes or engage in opportunistic behavior to the detriment of other states.
Flexibility in Treaty Interpretation:
In interpreting treaties, the good faith principle allows for flexibility to ensure the intentions of the parties are respected. This means looking beyond the literal text to the broader context and purpose of the agreement.
Estoppel:
Estoppel is a legal principle related to good faith. It prevents a party from taking a position inconsistent with a previous action or statement if the other party has relied on that action or statement to its detriment.
The principle of good faith contributes to the stability and predictability of international relations, fostering trust and cooperation among states.
What is the international law commission
The International Law Commission (ILC) is a body of experts responsible for developing and codifying international law. It was established by the United Nations General Assembly in 1947. The main functions of the ILC are:
Codification: The ILC works on the codification of existing rules of international law. This involves organizing and restating principles and rules into a systematic form.
Progressive Development: The Commission identifies areas of international law where there’s a need for development or clarification and formulates new principles and rules.
Drafting Treaties: The ILC may be involved in drafting international conventions or treaties on certain subjects. This is often done at the request of the General Assembly or other UN organs.
Reports and Commentaries: The ILC publishes reports and commentaries explaining its work and the reasons behind its decisions. These reports are considered valuable resources for understanding and interpreting international law.
In the context of the question about internationally wrongful acts, the ILC’s work led to the adoption of the Articles on State Responsibility
General principles of international law
- legal norms existing among the majority of nations
- good faith, res judicata, etc.
- gap-filling functions (when treaty and customary law do not provide a rule of decision)
- Sovereign Equality
-Pacta Sunt Servanda - Non-Intervention
-Peaceful Settlement of Disputes
Is international law closer to common or civil law
international law is closer to the civil law tradition. This perspective is based on the idea that the structure and principles of international law share similarities with the civil law system, which is prominent in continental Europe.
In the civil law tradition:
Codification: Legal rules are often codified in comprehensive and systematic statutes, providing a clear and organized framework.
Role of Doctrine: Legal scholars and academics play a significant role in interpreting and developing the law through doctrinal writings.
Precedent: Unlike common law systems, civil law systems do not rely heavily on precedent. Decisions of higher courts are not binding on lower courts in the same hierarchical way.
Tanzi’s argument suggests that the characteristics of international law, such as reliance on treaties and codification of rules in various conventions, align more closely with the civil law tradition. However, it’s essential to note that international law incorporates elements from both the common law and civil law traditions, reflecting its diverse origins and global nature.
What is international responsibility
International responsibility refers to the accountability of states for their actions in the international arena. It involves the legal consequences that a state may face when it breaches its international obligations. International responsibility is a fundamental concept in international law and is governed by principles and rules that help maintain order and fairness among states. Here are some key aspects:
Basis for Responsibility:
States can be held responsible for their actions that violate international law, whether it’s a breach of a treaty, a customary international norm, or a violation of general principles of law.
Attribution:
Responsibility is attributed to the state itself, not necessarily to individuals within the state. It can arise from the actions of state organs, entities exercising elements of governmental authority, or persons acting under the state’s direction or control.
Forms of Reparation:
When a state is found internationally responsible, it may be required to provide reparations or compensation to the injured state or party. Reparations can take various forms, including restitution, compensation, satisfaction, or guarantees of non-repetition.
Defenses:
States may raise defenses against allegations of responsibility, such as force majeure or necessity. However, these defenses are subject to strict conditions and must meet certain criteria to be valid.
State Responsibility vs. Individual Responsibility:
International responsibility primarily applies to states. However, individuals, including government officials, may also be held accountable for certain international crimes through mechanisms like the International Criminal Court (ICC).
How do NGOs take part in international law
- Formally admitted in the international negotiations due to their expertise
2,Amici curiae in international adjudication. They may submit briefs on aspect of the dispute
3.Significant pressure on domestic and international political bodies engaged in the international law-making process. Pressure over States
4.Participation in the UN agenda, particularly within the ECOSOC
Jurisdictional immunities case
Background:
In the early 1940s, during World War II, a Greek national named Ferrini was arrested and executed by German forces in Italy-occupied Greece. In 2014, the Italian courts ordered Germany to pay compensation to Ferrini’s relatives. Germany argued that it was entitled to jurisdictional immunity, asserting that its immunity from the jurisdiction of Italian courts applied.
Issues:
Whether the Italian courts violated Germany’s jurisdictional immunity by adjudicating a case involving events that occurred during World War II.
Whether the ICJ had jurisdiction to hear the dispute.
ICJ Decision (2012):
The ICJ ruled that Italy violated Germany’s jurisdictional immunity. The Court emphasized the principle of sovereign equality among states and the customary international law principle of immunity from jurisdiction. It held that the Italian courts should have recognized and respected Germany’s immunity.
Appeal and Additional Proceedings:
Italy appealed, and in 2014, the ICJ’s Grand Chamber confirmed the decision. The Court maintained that state immunity is a well-established principle of customary international law.
Impact:
The case reaffirms the importance of jurisdictional immunity for states, emphasizing that foreign states are generally immune from the jurisdiction of domestic courts. It also highlights the need for respect among states for each other’s sovereign immunity, even in cases involving alleged human rights violations.
What were the fundamental elements of an international dispute?
A it’s between states (or states and intergovernmental organizations) and
B governed by international law.
That is an important distinction as there are other kinds of international disputes (handled by municipal law)
Difference between ius cogens and customary law ?
