International Law Overview

These flashcards cover essential terminology and concepts related to international law, derived from the lecture notes.

International Law

A set of rules and principles governing relationships between states, international organizations, and occasionally individuals.

Public International Law

Deals with relations between states, treaties, international customs, and principles like state sovereignty and prohibition of force.

Private International Law

Concerns cross-border legal disputes involving individuals or corporations, such as marriage laws and business contracts.

What is Sovereignty?

The full right and power of a governing body to govern itself without interference from outside sources.

International Law vs National Law

International law is made through treaties and lacks centralized enforcement, whereas national law is legislated and enforced at the state level.

What is the structure of the international system?

Horizontal: Reflects the equality of states where no state is inherently superior, relying on mutual consent and agreements.

Compliance in International Law

Relies on states’ sense of responsibility, self-interest, and consequences of non-compliance.

Article 38 of the ICJ Statute

Lays out the primary and subsidiary sources of international law ; which are

Primary: Treaties, Customs, General Principles of law, Binding decisions of international organizations

Subsidiary: Judicial decisions, legal publications, etc.

Jus Cogens

Fundamental principles of international law that cannot be set aside; they prevail over other international agreements. > ex. prohibition of torture

Binding Decisions of International Organizations

Decisions made by bodies like the UNSC that states must follow based on established treaties or principles. > art 25 UN charter (?)

Customary International Law

Derived from state practices that are accepted as law (Usus) and believed to be legally obligatory.

Usus —> sufficiently widespread and uniform practice

Opinion Juris —> Belief of legal obligation

ex. diplomatic immunity

General Principles of Law

Foundational concepts common across major legal systems such as equity, justice, and good faith.

UN Charter Article 2(1)

Recognizes the sovereign equality of all member states.

What is the UN Security Council

Comprises 15 members; it can make binding decisions, including sanctions and military action.

Universal Declaration of Human Rights

A foundational text for human rights standards, adopted in 1948 but not legally binding.

International Criminal Court (ICC)

Established to prosecute individuals for serious crimes like genocide, war crimes, and crimes against humanity.

universal jurisduction: allows any state to prosecute certain crimes that are so severe, they concern the international community as a whole

Self-Enforcement in International Law

Includes actions states take to enforce international norms or agreements, like sanctions.

Vienna Convention on the Law of Treaties

Establishes guidelines for treaty law, including the principle of pacta sunt servanda: treaty must be preformed in good faith once in force.

Monist System

A legal system where international law automatically becomes part of domestic law upon ratification.

Dualist System

A legal system where treaties must be transformed into national legislation to apply domestically.

State Responsibility

A state's obligation for wrongful acts, including providing remedies such as restitution and compensation.

How do Treaties become binding?

Ratification process:

1. Signature

2. Ratification or Accession

   1. Ratification:  a state formally agrees to be bound by the treaty’s terms, usually through a legislative process.

   2. Accession: A state that did not participate in the negotiation of a treaty agrees to be bound by it after it has entered into force.

3. Entry into force: becomes legally binding after the required number of states have ratified it.

What is jurisdiction in IL?

Refers to a state’s legal authority to regulate conduct.

Would the EU be considered an International Organization?

No : it is a Supranational Organization

Intergovernmental Organizations (IGOs): Members retain sovereignty, and decisions are typically made by consensus (e.g., UN, African Union). 

• Supranational Organizations: Member states transfer some sovereign powers, and decisions can be binding (e.g., European Union, with authority over trade laws and regulations) ; consensus is not needed

What is a state?

Defined territory, permanent population, effective and capable government.

What is the ICJ?

• The principal judicial organ of the UN, settling disputes between states and giving advisory opinions when requested by the General Assembly or Security Council. 

• Does not have mandatory jurisdiction → only if states have consented (art 36 SICJ)

• Must comply with judgement (art 94 UN charter)

• Can provide advice (Art 96 UN charter)

what laws are involved in state responsibility?

• International Law Commission (ILC) Articles on State Responsibility: 

  • Establish that a state is responsible for its wrongful acts and must cease those acts, provide assurances against repetition, and make reparations for damages.

What are the remedies of a wrongful act?

Forms of Reparation: 

• Restitution: Restoring the situation to what it was before the wrongful act. 

• Compensation: Providing financial reimbursement for damages caused. 

• Satisfaction: Apologies or other forms of acknowledgment of the wrongful act.

What is the nationality principle

Authority over actions of a state’s nationals, even abroad. 

ex: A French citizen commits fraud while living in Japan, and France prosecutes them under its laws

What is the protective principle?

Def: Authority over actions abroad that threaten state security.

ex. A foreign national living abroad who forges a country’s official passports can be prosecuted by that country under the protective principle, since the act threatens its national security and governmental authority.

What is the Universality Principle?

Def: Allows prosecution of heinous crimes (e.g., genocide/torture) regardless of where they occurred. 

ex. A pirate captured on the high seas by any nation can be tried by that nation under the universality principle, because piracy is considered a crime against all humanity.

Who are the main actors in international law?

States + International Organizations (ex UN and its organs) + Individuals (natural persons although they have limited legal personality under international law)

What are the implications of sovereignty on international relations?

1. No international legislative body 

   1. No centralized international legislature; laws are created through treaties or customs

2. No executive body to enforce rules 

   1. No centralized enforcement body relies on state cooperation and international pressure.

3. No court with compulsory jurisdiction

   1. Limited jurisdiction of courts like the ICJ, which depend on state consent

What does the UN charter say about use of force?

Use of force → art 2(4) UN charter prohibits state use of force unless (A. Authorized by the UNSC + B. self-defense from another state’s force)

A self-defence claim can only be justified if it meets the criteria of article 51 UN Charter and the criteria of customary law. 

Criteria:

• There needs to be an armed attack; 

• the response should be proportional and necessary;

•  and the Security Council should be informed. 

What can justify anticipatory self defense?

The Caroline Test Criteria

Daniel Webster stated that for a claim of self-defense to be legitimate under international law, the necessity must be:

1. Instant, overwhelming, and leaving no choice of means, and no moment for deliberation, and

2. The force used must not be unreasonable or excessive — i.e., must be proportionate to the threat.

the Caroline test (or Caroline doctrine), a foundational principle in customary international law governing the lawful use of force in self-defense.

Which UN organ is binding?

The United Nations Security Council (UNSC) is the only UN organ whose decisions are legally binding on all member states.

is the UNSC supranational (and what is the definition of supranational)

Yes and No:

Supranational = An organization or body that has authority above states, meaning its decisions are binding on member states even without their individual consent.

Partly supranational: Its binding resolutions (under Article 25 of the UN Charter) apply to all UN member states, even those that disagree.

But not fully supranational: The five permanent members (P5) have veto power, so they cannot be bound against their will.

Therefore: The UNSC is a supranational element within an otherwise intergovernmental organization.

What are the different forms of reparation in IL

ICJ art 34-37