World Affairs in light of international law

Where are the sources of public international law found

Article 38(1) of the Statute of the International Court of Justice, ICJ

What are the two conditions of customary international law

1) State practice

2) Opinio juris

Where is the right to self-defense?

Article 51 of the UN Charter

Where is the idea of jus cogens defined?

Article 53 on the Vienna Convention on Treaties

What article of the statute of the ICJ gives the right for judgement t obe given ex aequo et bono

Article 38

ARTICLE: Sovereign equality of all states

Article 2.1

ARTICLE: All members shall settle disputes peacefully AND refrain from the threat of use of force

2.3 and 2.4

ARTICLE: States shall refrain from helping those breaking the UN Charter

2.5

ARTICLE: UN can ensure that states not following the Charter need to be in accordance with it insofar as it contributes to global peace

Article 2.6

ARTICLE: How can states join the UN

Article 4.2 (Secrutiy council recommends and general assembly votes)

ARTICLE: The UN can suspend a state’s rights AND can even be expelled

Article 5 and 6 (Again with recommendation of the security council + vote in general assembly)

ARTICLE: Where is good faith defined

Article 26 of the Vienna Convention on the Law of Treaties

Two official exceptions to the prohibition of force

UN security council and self-defence

Two informal exceptions to the use of force

1) To protect your citizens from danger 2) Humanitarian intervention

(NOTE: These both derive from interpretations of 2.4, as in these situations do not constitute going against the principles of the UN —> However, it is significantly contested due to the general principle of non-intervention. Corfu Channel Case ICJ reaffirms this as well as Nicaragua v. United States. Protecting own citizens is for example accepted by the UK, but it demands an imminent threat. => Key principles in general are necessity + proportionality

What are the seven principles of public international law?

1. Sovereign equality

2. Pacta sunt servanda

3. Prohibition to use force

4. Peaceful settlement of disputes

5. International Cooperation

6. Non-interventin

7. Self-determination

ARTICLE: UN Security Council named to be in charge of maintaining world peace

Article 24

ARTICLE: Members of the UN Charter agree to accept and carry out the decisions of the security council

Article 25

ARTICLE: UN Charter supercedes any other internationl treaties

Article 103

ARTICLE: UN Security council determines threats to peace

Article 39

ARTICLE: First one gives Securiy council not involving armed force and the second armed force to deal with matters of world peace

Articles 41 an 42

ARTICLE: UN security council has the right for provisional measures to maintian peace

Article 40

ARTICLE: Action is to be taken directly or indirectly, with some or all UN members, if world peace is threatned

Article 48

ARTICLE: The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.

Article 49

ARTICLE: Countries who suffer from action being taken can ask the UN Security council to help resolve their problems

Article 50

ARTICLE: Composition of the UN Security Council

Article 23

What are the two types of legal coercions?

Retorsion + Reprisal

What are the four ways ICJ has jurisdiction

1. Concluding a special agreement to submit the dispute to the court

2. By virtue of a jurisdictional clause

3. Through the reciprocal effect of the declarations recognising the jurisdiction of the ICJ as compulsory (article 36.2 of the statute)

4. Forum prorogatum (states accept jurisdiction after submitted by one party to the ICJ)

ARTICLE: All disputes shall be settled peaceful and gives UNSC the right to demand it

Article 33

Where is “armed attack” more clearly defined (as in for self-defence)

GA Resolution 3314 1974

Customary law for self-defence

Caroline formula 1842. This included pre-emptitve strike

ARTICLE: Member states must give way for SC to do its thing to contribute to world peace For example, must make available armed forces to it

Article 43

ARTICLE: Centralised system of command and UN military staff committee

45-47

The resolution that the United States used to declare war on Iraq in 2003

S/RES/678 (1990). No time limit given, so legally very questionable

ARTICLE: Sovereign equality of states

2.1

ARTICLE: Good faith obligation

2.2

ARTICLE: Principles of the UN will not stop the use of chapter 7

2.7

ARTICLE: UNSC can make recommendations to the parties as to how to solve a dispute if all parties request it to do so

Article 38

ARTICLE: UNSC can investigate a dispute unilaterally if it considers that it is a threat to world peace

34

ARTICE: If the UNSC is involved by means of article 33, it can make recommendations to end the dispute

Article 36

ARTICLE: Failure to resolve a dispute means a referral to UNSC

Article 37

ARTICLE: Any member of the UN may bring to the UNSC a dispute of the nature of article 33

Article 35

What is the Canadian Supreme Court decision that clarified in which cases self-determination overrules territorial integrity (accepted semi formally by the ICJ)

Reference Re Recession of Quebec 1998, decided that only in cases of

1. Colonisation

2. Foreign occupation

3. Possibly in situations where people are restricted access to government (most controversial)

Which ICJ decision confirmed that unilateral acts are legally binding because of the principle of good faith, estoppel and pacta sunt servanda.

Nuclear Test Cases 1974