IEL - International law weeks 5-7

War

Historically considered a righteous method of dispute resolution.

Principle of the peaceful settlement of disputes

Key provision of the UN Charter emphasizing resolving disputes by peaceful means.

Negotiations

Broad concept capturing various means of States working through a dispute bilaterally.

Good offices

Dispute settlement involving a neutral and trustworthy third party.

Mediation

Dispute settlement where a third party plays an active role of a communicator and facilitator between parties.

Inquiries and fact-finding missions

Established by international organizations to impartially ascertain certain facts in disputes.

Arbitration

Adjudicatory method of dispute settlement where awards are binding and final.

International Court of Justice

Principal judicial body of the UN with the power to render judgments in contentious cases.

Access to the ICJ

Stipulates that only States can be parties to contentious cases before the International Court of Justice.

Jurisdiction of the ICJ

Comprises cases referred by parties and matters provided for in the UN Charter or treaties.

Compromis

Explicit agreement between parties to submit a dispute to the International Court of Justice.

Compromissory clause

Special provisions in treaties granting the ICJ jurisdiction over disputes.

Optional clause declaration

Submission by states allowing ICJ jurisdiction, with restrictions and requiring reciprocity.

Japan

Excludes disputes related to research on, conservation, management, or exploitation of living sea resources from ICJ jurisdiction.

Iran

Limits ICJ jurisdiction to disputes regarding state jurisdictional immunities, state property, and immunity from measures of constraint.

Greece

Excludes disputes related to military activities, sovereignty protection, national defense, and national security from ICJ jurisdiction.

Forum prorogatum

Not included in the ICJ Statute.

Consent for Dispute Resolution

A state must clearly indicate its voluntary and indisputable acceptance of the Court's jurisdiction.

Contentious Cases

Disputes between two or more states submitted to the ICJ for adjudication, requiring access and meeting jurisdiction criteria.

Advisory Opinions

Non-binding legal opinions provided by the ICJ on questions posed by authorized bodies, such as the UNGA and UNSC.

Universal Declaration of Human Rights

1948 resolution by the UNGA, encompassing civil/political and economic/social rights, serving as the foundation of international human rights law.

International Human Rights Law

Regulates state conduct towards individuals, providing rights and principles based on human dignity.

Universalism

Belief that human rights are inherent to all individuals by virtue of their humanity, a widely recognized moral norm.

Cultural Relativism

View that human rights are Western constructs imposed on other cultures, not accounting for diverse societal values.

First Generation Rights

Civil and political rights, considered 'negative rights' focusing on individual freedoms.

Second Generation Rights

Economic, social, and cultural rights, termed 'positive rights' ensuring welfare and societal well-being.

Third Generation Rights

Collective rights including self-determination, peace, and environmental protection.

Sources of Human Rights

Include the UDHR, ICCPR, and ICESCR, providing a framework for international human rights standards.

International Covenant on Economic, Social and Cultural Rights (ICESCR)

A treaty adopted alongside the ICCPR, with 173 parties excluding the USA.

European Social Charter

The European counterpart to the ICESCR, focusing on economic and social rights.

Human Rights Council

A UN body with 47 member states elected for 3-year terms, monitoring treaty implementation.

Human Rights Committee

Established by the ICCPR, overseeing state compliance with civil and political rights.

Universal Periodic Reviews

Produced by the Human Rights Council to assess human rights compliance in individual countries.

European Convention on Human Rights (ECHR)

Governs civil and political rights in 46 Council of Europe parties.

European Court of Human Rights (ECtHR)

Oversees the ECHR, issuing binding judgments for compensation and legislative changes.

American Convention on Human Rights (ACHR)

Operated by OAS, outlining civil and political rights for 25 out of 35 OAS states.

African Charter on Human and Peoples' Rights

Encompasses first, second, and third-generation rights in Africa.

Derogation

Temporary suspension of human rights commitments during national emergencies.

Limitations

Restrictions on certain human rights when pursuing legitimate aims, must be proportionate and legitimate.

Territorial Applicability of IHRL

Human rights apply within a state's territory and subject to its jurisdiction.

Temporal Applicability of IHRL

Human rights apply at all times, except during armed conflict governed by international humanitarian law.

Personal Applicability of IHRL

Human rights apply to individuals, groups, and vulnerable populations within a state's jurisdiction.

Margin of Appreciation

Allows states leeway in sensitive areas where no clear consensus exists.

Quasi-judicial

UN treaty bodies approach inquiries like judges but lack the authority to issue binding decisions.

Dynamic Interpretation

Interpreting the Convention as a 'living instrument' to adapt to evolving societal norms.

Inter-American Commission on Human Rights

Provides recommendations to OAS states regarding their human rights obligations.

Inter-American Court of Human Rights

Issues binding decisions when OAS states do not accept recommendations from the Commission.

Collective Complaints Procedure

Operated by the European Committee of Social Rights under the European Social Charter.

Optional Protocol to the ICCPR

Allows states to face individual complaints if certain criteria are met.

Concluding Observations

Final observations issued by the UN Human Rights Committee.

General Comments

Guidance provided by the UN Human Rights Committee on ICCPR provisions' interpretation.

Individual Complaints

Complaints against states under the ICCPR if specific criteria are met.

Usus

Uniform state practice considered the objective element of a rule in determining customary international law.

Consistency

A criterion for determining customary international law, where deviations do not refute customary status if recognized as such.

Duration

A criterion for determining customary international law, typically evolving over time.

Unanimity

Not required, but a majority of states must practice the rule in question.

Opinio Iuris

Considered the subjective element of a rule, reflecting genuine belief in a legally binding rule.

Immunity vs. Impunity

Foreign Ministers have immunity from criminal prosecution in foreign countries, but can be prosecuted under certain circumstances.

Countermeasures

Must be taken in response to a previous international wrongful act of another State and directed against that State.

Advisory Opinion Request

Agency must be duly authorized under the Charter, the opinion must be based on a legal question, and the question must arise within the scope of the activities.

IRAC Method

Issue, Rule, Application, Conclusion method used to analyze legal problems.

International Dispute Settlement

Process of resolving disputes between states through legal mechanisms like the ICJ.

Jurisdiction of ICJ

Extent of authority of the International Court of Justice to hear and decide cases.

Genocide Convention

Convention on the Prevention and Punishment of the Crime of Genocide, providing for ICJ jurisdiction in disputes between contracting parties.

Specialized Agency

Organizations like the UNWTO within the UN system with specific areas of focus and expertise.

Legality of Use of Nuclear Weapons

Legal question regarding the use of nuclear weapons in armed conflict, subject to advisory opinions.

Human Rights Typology

Categorization of human rights violations, distinguishing between limitations and derogations.

Freedom of Expression

Right to express opinions and ideas without interference, protected under various international treaties.

Freedom of Assembly

Right to peacefully assemble and protest, safeguarded by international human rights instruments.

Legitimate Limitations

Restrictions on rights must be lawful, serve a legitimate aim, and be necessary in a democratic society.

Derogation of Rights

Temporary suspension of certain rights under specific conditions, as outlined in international legal frameworks.