INTERNATIONAL LAW

they're going to think i violated some laws with how high this grade is about to be

the just war theory

justfies war through a series of critieria

the components of just war theory

auctoritas, personae, res, justa causa, animus

auctoritas

only lawful, sovereign people have the right to war

personae

who is allowed to fight? (able bodied men who are not monks or priests)

res

the thing that the war is being fought over must be material

justa causa

there is a legal backing to claim of the res

animus

the motivation behind fighting the war is to correct a wrongdoing

jus ad bellum

the right to war

UN Charter 2(4)

no acting in ways that are against the UN (force is against the UN), or threat of force; war is only acceptable in self defense and if the security council allows it

Article 42 of the UN Charter

the security council is law enforcement and gave give animus

Article 51 of the UN Charter

states have an inherent right to self defense; created with the idea that self defense is a temporary measure before the UN acts

Caroline Rule

the neccesity to defend oneself pre-emptively must be instant and overwhelming; that being said, the actions must be neccessary and proportional

effective control

states must be in CONTROL of groups acting within another state or internationally to be responsible for their actions

overall control

funding somebody or sending them weapons

jus in bello

law in war, rules during wartime

the four principles for IHL jus in bello

principle of humanity (Marten’s Clause), distinction, proportionality, and military necessity

principle of humanity

if you have no idea how to handle a new/developing system, use morality and public opinion

distinction

creates a difference in treatment of civilians and of military combatants

proportionality

the manner of attack must be equal to that of the desired goal, if you’re going to attack, do it in a manner that causes as little damage as possible

military necessity

balance between cost and military benefit

are private military contractors held responsible for their conduct?

yes, if they are follow orders from the state that are wrongful then the states is responsible.

jus post bellum

the period following armed conflct, the rules of rebuilding

significance of the stockholm conference in 1972

created article 21 of the UNEP

UNEP article 21

exploitation is permitted but must not go beyond a states national jurisdiction

sustainable development

advancement should meet the needs of the current generation while not compromising the position of future generations

Treaty on the Functioning of the European Union (TFEU) Article 191

established the precationary principle, polluter pays, and preventative approaches as the basis for how states should conduct themselve in terms of the environment

United Nations Convention on the Law of the Sea

divided the sea into three elements ~ territorial sea (12nm), contiguous sea (24 nm), and the EEZ (200nm)

legality

rules created through formally recognized procedures, validity in terms of correctedness

legitimacy

authory is established through resonable, fair, and moral terms

what are the functions of law?

establishes norms, create institutions, looks good politically, gives governments tools to influence behavior, additive guidlines to look to, problem solving mechanisms

ICJ Statute Article 38

establishes the sources of international law

what are the sources of international law?

treaties and conventions, customary law, general legal principles, (nonbinding) academic papers

terra nullis

treating the land as if it is empty what

what is the wimbeldon case an example of?

soveriegnty

jus cogens

fundamental principle that nobody opposes as being wrong

erga omnes

affecting all states/people

responsibility requires WHAT?

wrongfulness