Mid Term: IL

Erga Omnes

obligations owed by states to the international community as a whole

Lotus principle

foundational principle regarding state sovereignty and freedom under international law

• what states are free to do unless restricted by international rules

Wimbledon principle

foundational case precedent concerning state sovereignty and international obligations

• how soverignty intersects with international commitments

Opino juris

subjective element of customary international law representing the belief that general practice is accepted as law

• binding law must be followed by states because they believe it is legally required and not because of habit

Jus cogens

peremptory norms of general international law

• cannot be overriden by treatu or customs

Pacta sunt servanda

foundational legal principle that agreements must be kept

• states are legally bound to honor the treaties they sign and ratify

Dispute resolution in international law

involves predictable practices for interstate relations, treaties and arbitration dating back historically to Mesopotamia, India, and Greece

Arbitration and adjudication in international law

formal judicial or quasi judicial mechanisms used by states to resolve legal disputes

International Court of Justice

standing world court referenced in relation to leal sources

• statue article 38

ICJ 38 (where IL comes from)

• international conventions- written contracts that show explicit consent

• international custom-general practice and accepted as law

• general principles of law

3 events in world history that have affected the development of international law

Mesopotamia/India/Grece: ancient civilizations developed early predictable practices for interstate relations, treaties and arbitrations

1648 Peace of Westphalia: provided a template for dividing national and international spheres, community of States during religious conflicts

World Wars: led to the creation of the United nations and post 1945 the UN prohibited the general use of force establishing self defense as primary lawful justification for unilateral military action

treaties and customs as key sources of IL

• international law relies on consent of nation states

• In international law rules can be created explicitly like written treaties or customary like through consent of states

• Customs require general practice combined with opinio juris-accpetance as law

• customs can be formed through explcit or implicit practice

• IL treats silence as acceptance and if not vocally objective it is considered bound by customary rule

• treaties are written agreements between sovereign entities that are governed by IL

• formal agreements of ratification but the singing initiates the process

• reservations allow states to exclude themselves from a speific part of the treaty

why nation states are classic subejcts to IL and how we identify them

Why: states processes direct rights and obligations under international law

Criteria

• population: no size requirement

• territory: no minimum size but have defined

• Government: is gov. able to law and order in place

• capacity: is thet state able to enter into international relations

Recognition

• recognition by other states

other subjects of IL

International Org: united states- posses expressed and implied powers to carry out their structure

NGO: Doctors without boarders

Individuals/collective groups

• other subjects do not posses the exact same powers as nation-sates. their rights and duties and power differn depending on the specific subject category

Jurisdiction

the power to prescribe, adjudicate cases in domestic courts and enforce judgments-subjective and objective and effect principle

• asserted: via territory, nationality, protective principle, passive personality, and universal jurisdiction

• limits: comity (courtesy/respect), interest balancing (persons things within), and reasonableness (acts outside with effects insdie)

responsibility

ability to blame a subject for undesirable behavior

• acts must be attributed to the state

• acts in question must constitute an internationally wrongful act that violates an international legal obligation

• accountability vs responsibility vs liability

• justified or excuse actions through consent, countermeasures, acts of god or necessity

sanctions situation (how states enforce obligations)

-              Standard answer: states must engage in self-help-> demand or enforce obligations on your own

o   State A vs State B

1. Disputes arise from bad but legal acts by one or both

·      A alleges B did bad/harmful act

o   Step 1: Discuss/negotiate: direct (A talks to B) and indirect (third party/nation state/UN->middle man: services of a 3^rd party: A talks to C; B talks to C)

  Reparation

Satisfaction

Compensation  

o   Step 2: Arbitration

  Consent to next step

o   Step 3: Adjudication

Consent to next step

o   Step 4: Retorsion (method A could use to get B)

  2. Dispute arises illegal (internationally wrongful) acts by one/both -> B commits illegal act that harms A

·      A alleges -> B and B takes responsibility, they engaged in satisfaction/reparation/ compensations

·      Release from treaty

·      Counter measures (not the best route to go by)

o   If it gets out of hand Un security council can authorize a peace keeping force between A and B