Session II Flashcards
Where is the generally accepted authority on sources of international law located?
Art 38(1) of the Statute of the International Court of Justice
In Art 38(1), what sources are listed as authority on international law?
Hint: 4 (2)
International conventions (treaty law)
International custom (customary law)
“The general principles of law recognized by civilized nations”
Judicial decisions and teachings of respected publicists
Define ex aequo bono? Why is it relevant to Art (38)2?
Is it used often?
Defined: in accordance with the right and the good - placeholder for equity
Its inclusion dictates that Art 38(1) can be ignored if the ICJ decides a case on the basis of equity (with parties in agreeance)
No, its almost never used
What is Art 59 of the Statute of the ICJ?
Whats the catch here?
Decisions by ICJ have no binding force except between parties involved in case in question
Despite this, the court regularly cites its own decisions and only rarely departs from those decisions
What accompanied the establishment of the United Nations system? What does this governing body serve as in the international legal system?
Creation of the ICJ, it serves as the “judicial branch”
When was the Permanent Court of International Justice instated? What did it serve as? What is it referred to collectively with the ICJ?
Period between the first and second world wars
Judicial branch of league of nations
World court
What does the ICJ do with contentious cases? what are they?
What does ICJ do with non-contentious cases?
what are they?
Issues judgments and advisory opinions
Judgments = contentious cases, cases in which one state institutes proceedings against another state
Advisory opinions = non-contentious cases, cases in which request is made for formal legal opinion from UN agency or department
Speaking of the ICJ, what is the difference between judgments and advisory opinions?
Judgments - binding upon directly concerned parties, still relied on consent, but once jurisdiction is established parties are legally bound to comply with final judgment
Advisory opinions - non binding (but still have persuasive authority)
What are treaties?
Deliberate acts that produce IntL by giving expression to the will and consent of states and other subjects of IntL
Agreements between two or more states (or organizations ect)
What can produce a treaty? What can they do?
compromises or process bargaining (rights 4 rights) - or peace lol
Codify, define, interpret or abolish existing rules of IntL law or customary IntL (or create new rules)
Where b the literature on the basic rules of IntL treaty law? How many states are party to this thingy?
1969 Vienna Convention on the Law of Treaties - Treaty of Treaties or VCLT
116
What does Arts 31-33 of the VCLT set out?
General/Sup rules for interpretation of treaties Art 31(1) - Treaty be interpreted in GOOD FAITH with respects 2 ORDINARY MEANING in appropriate CONTEXT, OBJECT and PURPOSE.” Context = international legal instruments concluded with/after the treaty in question + after practice of parties
What does Art 32 of VCLT do for treaties?
Provides possibility to look @ travaux preparatoire as sup means of interpretation (draft texts)
What are the two forms of customary IntL? What are they composed of?
General - binding upon all states
Regional -binding only specific set of states
State practice & opinio juris
Define opinio juris
Define state practice
Hint: mens rea & actus reus
Opinio juris - subjective or psych element, acceptance of consistent practice in support of the customary rule as legal by IntL community
State practice: objective or behave element, consistent practice among states in support of customary rule
