International Law Unit Two

stockholm conference of 1972

first global conference regarding environment

principle 21 of stockholm conference

a state can’t damage another state’s environment

bering sea arbitration of 1893 background

us enacted legislation limiting killing of seals in bering area by arguing it was for the global common good

bering sea arbitration of 1893 outcome

raised question of if a state could legislate outside it’s territorial waters— no

pcij oder commision background

question of whether the oder commission of the league of nations had jurisdiction over 2 river tributaries in poland with sea access

pcij oder commision outcome

had jurisdiction for common interests of states

1957 lake lenoux arbitration background

spain complained france was taking actions to divert the use of a boundary lake

1957 lake lenoux arbitration outcome

as long as france took spanish interests reasonably into account there was little it could be condemned for

pulp mills case background

uruguay built a pulp mill on river border with argentina that allegedly violated a 1975 treaty

pulp mills case outcome

whenever a project that would place the environment at risk occurs, an environmental risk assessment must take place

precautionary principle

prevent harm before it happens if reasonable to assume a states actions will cause irreversible harm

polluter pays principle

compensation after harmful act occurs

2nd gulf war proportionality rule

if civilian death toll was expected to be over 30, the president or sec of defense had to approve operation

fog of war

error of war, used to mitigate war crime responsibility

common pool resources

two states border and use a common resource but both are polluting it

upstream-downstream (riparian)

use by a implicates and potentially harms b

shared resource

a resource on the border of two territories can result in territorial infringement

trail smelter case

canadian air pollution drifted into us, example of riparian case

lex genralis

general custom used by everyone

lex specialis

set of treaties so distinct it creates a specialized law separate from general law, only applies to states part of said treaties

lex lata

law as it is

lex ferenda

law as it should be

sic utere tuo

can’t harm property of another

1992 un framework convention on climate change

common but differentiated interests, recognized climate change as an issue that needed to be addressed

1997 kyoto protocol

“binding developed nations limits”

2009 copenhagen accord

set a two degree celsius target limit to slow climate change

2010 cancun agreement

created the green climate fund— gave money to developing states so they can make new environmental tech

2016 paris agreement

legally binding limits on greenhouse gas emissions, set by each country

2022 egypt cop

created fund for responding to loss and damage

c.o.p.

biannual meeting of treaty parties sharing info from research— use to create protocols

non-refoulment

states cannot return a refugee who’s life is at risk, jus cogens

article 33 of un charter

lists ways to settle disputes peacefully— negotiation, diplomacy, arbitration and adjucation

negotiation

two parties talk through issue to reach resolution

postillion d’amour

a third party that acts as a communicator between two negotiating states

good offices

when regional organizations are used as mediators in negotiations

alabama claims arbitration background

britain supplied south with arms despite declaring neutral in us civil war

alabama claims arbitration outcome

britain liable for us losses, established arbitration as a useful and peaceful means of dispute settlement

island of palmas arbitration

pca ruled over a territory dispute between the us and netherlands

adjudication

icj has near universal jurisdiction when it comes to this