DIPL 3104 - International Law Final Exam Topics

Flashcards on key concepts in international law, covering historical underpinnings, sources of law, statehood, international organizations, human rights, use of force, and key cases.

Natural Law

International law is derived from moral principles common to all humanity, inherent in human nature, and discoverable through reason.

Legal Positivism

International law is created by states through formal acts of consent such as treaties, custom, and court decisions; a state is not bound unless it has explicitly agreed.

The Lotus Case (1927)

Affirmed legal positivism by stating that states are free to act unless expressly prohibited by international law.

Jus Cogens

Peremptory norms of international law from which no derogation is permitted; they override conflicting treaties or state practices. Examples inlcude prohibitions on genocide, slavery, torture, and crimes against humanity.

League of Nations

Established in 1920 by the Treaty of Versailles to prevent future wars through collective security and dispute resolution, but suffered from weaknesses like lack of U.S. participation and unanimous decision requirements.

United Nations

Created in 1945 to maintain international peace and security, promote human rights, and uphold international law, establishing institutions like the Security Council, General Assembly, and International Court of Justice.

TWAIL (Third World Approaches to International Law)

Critiques the Eurocentric bias of traditional international law and seeks to re-center voices from the Global South.

Article 38(1) of the ICJ Statute

Lists the primary sources of international law: treaties, customary international law, general principles of law, and judicial decisions/academic writings (subsidiary means).

Treaty

A formal agreement between two or more states. They can be Bilateral (between two states) or Multilateral (among several states or universally).

Customary International Law

A practice generally accepted as law, arising from general and consistent state practice and opinio juris.

Opinio Juris

Evidence that states believe they are legally obligated, not merely acting out of convenience or habit, contributing to the formation of customary international law.

General Principles of Law

Principles recognized in the major legal systems of the world (e.g., good faith, res judicata, equity) that serve to fill gaps when treaties and custom are silent.

Declaratory Theory

A state exists once it meets objective criteria: population, defined territory, government, and capacity to enter relations; recognition by others merely acknowledges this.

Constitutive Theory

A state only acquires legal status when recognized by existing states.

Self-determination

Rooted in the UN Charter, GA Resolution 1514 (1960), and ICJ advisory opinions and recognized in ICCPR and ICESCR.

Uti Possidetis

Doctrine maintaining colonial borders upon independence to prevent conflict, but often entrenched divisions.

Legal personality (International Organizations)

Confirmed in Reparations Case (1949) - IOs can bring claims, own property, and have international rights, but can only exercise powers explicitly stated or necessary to fulfill purposes.

General Assembly (UN)

All states equal, deliberative and law-making (non-binding resolutions), and can initiate treaties.

Security Council (UN)

15 members, 5 permanent with veto power; can authorize force and sanctions.

International Court of Justice (ICJ)

UN's principal judicial organ, reports to GA and SC, and provides advisory opinions. It handles State-State cases only.

Forum Prorogatum

Jurisdiction accepted by participation in the ICJ.

Stockholm Declaration

First global environmental principles, emphasizing sovereignty and responsibility.

Rio Declaration

Affirms state sovereignty over natural resources but also state responsibility to prevent environmental damage to other states or areas beyond national jurisdiction; includes the precautionary and polluter pays principles.

UN Framework Convention on Climate Change

Established in 1992 at the Rio Earth Summit, aiming to stabilize greenhouse gas concentrations in the atmosphere.

Trail Smelter Arbitration (1938/1941)

Established that no state may use its territory to cause serious harm to another, forming a cornerstone of environmental law.

Jus ad bellum

Governs whether the use of force is lawful.

Jus in bello

Governs how force may be used in armed conflict.

Rome Statute

Treaty establishing the International Criminal Court (ICC) with jurisdiction over genocide, crimes against humanity, war crimes, and the crime of aggression.

Complementarity (ICC)

The ICC only acts when national courts are unwilling or unable to prosecute genuinely.

Monism

International and domestic law form a single legal system; international law applies directly.

Dualism

Domestic and international law are separate; international law must be incorporated via national legislation.

Non-refoulement (Art. 33 of the 1951 Refugee Convention)

States must not return refugees to a country where they face serious threats to their life or freedom.

The Case of the S.S. "Lotus"

Established that international law allows states to exercise jurisdiction unless explicitly prohibited.

The Paquete Habana

Affirmed that customary international law exempts peaceful fishing vessels from wartime seizure.

Western Sahara Advisory Opinion

Affirmed the principle of self-determination, stating the Sahrawi people were entitled to decide their political future.

Reparation for Injuries Suffered in the Service of the United Nations

Concluded that the UN has international legal personality and can bring claims against a state.

Military and Paramilitary Activities in and Against Nicaragua

Ruled that the U.S. breached principles of non-intervention and unlawfully used force without Security Council authorization.

Medellín v. Texas

Ruled that ICJ decisions are not self-executing in U.S. domestic courts without specific Congressional action.

Corfu Channel Case

Ruled that Albania had knowledge of the mines and failed to issue a warning, breaching its due diligence obligations under international law.

Chagos Advisory Opinion

Held that the right to self-determination required returning the territory to Mauritius, making the U.K.'s continued administration unlawful.