Public International Law Cartes | Quizlet

Criteria for being a State

- Having a defined territory

- Having a permanent population

- Maintaining a government

- Being able to engage in foreign relations

Primary sources of international law (Art. 38 ICJ)

- Treaties between States

- Customary international law

- General principles of law

Additional widely accepted sources of international law

- Binding resolutions of international organizations

- Unilateral acts by states

Conclusion of treaties process

• First phase: Negotiations to reach a preliminary agreement between states on international level

• Second phase: Approval procedure on national level

• Third phase: Expression of binding consent on international level.

Legally binding effects of treaties

1) The state has given its consent to be bound (Art. 11 and 18 VCLT)

2) The treaty has entered into force (Art. 24 para.1 and 2)

Hierarchy of norms (when conflicting)

- Lex Specialis Derogat Legi Generali

- Legi Posteriori Derogat Legi Priori

- Ius cogens norms prevail

Conditions of application of VCLT

- Treaties made after 1980 (Art. 4)

- States party to the convention (Art. 1,3)

- Treaties involving international organizations (Art. 2(1))

Grounds of invalidity of treaties

Art. 48-53 VCLT

- Error of fact

- Fraud

- Corruption

- Coercion

- Conflict with Ius Cogens

Grounds for non-consensual termination of treaties

Art. 60-62 VCLT

- Material breach

- Supervening impossibility

- Fundamental change of circumstances

Basis of customary law

- State practice (actual governmental actions)

- Opinio Iuris (belief of the necessity of a practice)

Persistent Objector

State that consistently rejects a practice before it becomes customary law isn't bound by it

Main capacities of subjects of international law

- Ability to make claims before international courts

- Being subject to obligations imposed by international law

- Power to make valid and binding international agreements

- Enjoyment of immunities from the jurisdiction of other state's national courts

Subjects of international law

- States

- International Organizations

- Individuals

- Companies

- Special types

Conditions for an organization to be considered as an international organization (and therefore be a subject of international law)

- Being an entity established and covered by an international agreement

- The agreement is concluded between subjects of international law

- Aiming at fulfilling tasks in the common interest

- Having its own organs

What is the monist theory?

• International law and national law are two parts of a single body of law, with the same legal hierarchical order

• Law is seen as a single entity of which the national and international versions are merely particular manifestations

• In a case of conflict, the international law should prevail over the national law.

What is the dualist theory?

• The dualist theory denies the existence of a single body of law and states that international law and national law do not operate in the same sphere of influence.

• There are according to the dualist theory, dual legal systems operating simultaneously

• In case of a conflict, international courts are regulated by international law and national courts are regulated by national law.

Doctrine of Incorporation vs Doctrine of transformation

Doctrine of incorporation: There is no need for express adoption by national legislation, a rule of international law becomes automatically binding

Doctrine of Transformation: It requires every rule of international law to be expressly adopted by the state. Unless the state does adopt the rule, international rules are not part of the national legal system

Requirements for self-executing international provisions

1) The provision must directly regulate rights and duties of the individual

2) The provision must be sufficiently concretized in order to constitute an appropriate legal basis for the authoritative adjudication.

Recognition theories

- Declaratory theories (recognition is just an acknowledgement of existing statehood)

- Constitutive theories (recognition is necessary to acquire international legal personality)

Methods of change in statehood

- Secession (part of a country breaks away)

- Decolonization (former colony becomes independent)

- Merger, union, or reunion (two or more states from a new state)

- Dissolution (original state ceases to exist)

Rights of individuals under international law

- ECHR allows individuals to bring cases to their court

- ICCPR allows petitions to the UNHR

Main goal of the UN

Maintain international peace and security through:

- Collective measures (CH. VII)

- Peaceful dispute settlement (CH. VI)

Criteria of admission into the UN

Art. 4(1) UN Charter

- Being a state

- Being peace-loving

- Accept and be able/willing to fulfill UN Charter obligations

Admission procedure into the UN

Art. 4(2) UN Charter

1. Application to the Secretary-General, including letter of acceptance

2. Security Council recommendation (9 votes & no vetos)

3. General Assembly approval (2/3 majority)

4. Membership starts when resolution is adopted

Security Council of the UN

Art. 23-32 UN Charter

- Can issue recommendations and binding decisions

- Its decisions override other international agreements (Art. 103)

Members of the Security Council

- 5 permanent members with veto power (China, France, Russia, UK, USA)

- 10 non-permanent members (elected for 2 years with regional rotation)

General Assembly

Art. 9-22 UN Charter

- Plenary organ that represents all UN member states

- One state, one vote

- Adopts non-binding resolutions

- Important issues require a 2/3 majority

UN Secretariat

Art. 97-101 UN Charter

- Receives tasks from the GA or SC

- May bring threats to peace to the SC

- Mediates disputes

Economic and Social Council (ECOSOC)

Art. 61-72 UN Charter

- Initiates studies and reports

- Makes recommendations

International Curt of Justice ICJ

Art. 92-96 UN Charter

- UN's principal judicial body

- 15 judges elected for 9 years terms by the GA and SC

Functions of the ICJ

- Contentious cases (settles legal disputes between states)

- Advisory opinions (provides legal opinions for the GA, SC, or authorized agencies)

Self-defense according to UN

- Art. 2(4) prohibits the use of force, but Art. 51 allows for self-defense and Art. 39 for collective security

- Use of force in self-defense must be reported to the SC

- Self-defense is only allowed until the SC intervenes

Conditions for self-defense

1) there must be an armed attack

2) Measure of self-defence may only be directed against the state responsible for an armed attack

3) Any act of self-defence can only be legal under international if it observes the conditions of necessity and proportionality

Collective security measures that can be decided by the SC

- Non-forcible measures (sanctions that must be implemented by all members)

- Forcible measures (military measures) (Art. 39-42 UN Charter)

Ius in Bello (International Humanitarian Law IHL)

Regulates conduct during war

Basic principles of Ius in Bello (International Humanitarian Law IHL)

- Distinction between civilians and combatants

- Proportionality

- Prohibition of weapons causing unnecessary suffering or excessive injury

Neutrality

Status of a state that doesn't participate in armed conflicts between other states

Duties of neutral states

- Mustn't participate in conflicts or support any side

- Can't provide weapons, troops, or allow military use of their territory

- If trading arms, equal restrictions must be applied

Rights of neutral states

- Their territory mustn't be violated by belligerents

- May defend their own territory, also with force

International Criminal Law

Holds individuals criminally responsible for acts prohibited by international law

International Criminal Court (ICC)

- Established by the Rome Statute

- Independent Court

Crimes covered by the ICC

- Genocide

- Crimes against humanity

- War crimes

- Aggression

Jurisdiction of the ICC

ICC can act if crimes are:

- Committed by nationals of a state party or on its territory

- Committed in a territory where the court's jurisdiction has been accepted ad hoc

- Referred by the UN Security Council, regardless of acceptance of jurisdiction

Initiation of investigations of the ICC

- A state party refers the situation regarding crimes committed in the jurisdiction of the ICC

- The prosecutor initiates investigations within the court's jurisdiction independently

- The UN Security Council refers a situation to the ICC that can be within or outside of the court's jurisdiction

Sanctions imposable by the ICC

- Prison sentences in a cooperating state

- Fines or forfeiture of assets

Genocide

Art. 6 Rome Statute

Acts intended to destroy, in whole or in part, a national, ethnic, racial, or religious group

Crimes against humanity

Art. 7 Rome Statute

Crimes committed as a part of a widespread or systematic attack against a civilian population, with knowledge of the attack

War crimes

Art. 8 Rome Statute

Violations of the laws of armed conflicts which are part of a large-scale attack or plan

Crime of aggression

Art. 8 Rome Statute

Planning, preparing, initiating, executing an act of aggression by someone able to control a state's political or military actions

Key institutions of the International Economic System

- International Monetary Fund IMF (manages the international system and ensures interest rate stability)

- World Bank (provides loans, underwrites private loans, issues securities)

Main goal of World Trade Organization WTO

Promoting open global trading system by removing trade barriers and coordinating policies

Basic principles of GATT 1994 (just list)

- Most-Favored-Nation Treatment (Art. I)

- National Treatment (Art. III)

- General Elimination of Quantitative Restrictions (Art. XI)

Most-Favored-Nation Treatment

Requires any advantage granted to a product from one nation to be extended to like products of all WTO members

National Treatment

Once an imported good enters a country, it must be treated no less favorably than a similar domestic good

Prohibits internal taxes or regulations that protect domestic production

General Elimination of Quantitative Restrictions

Prohibits quotas and other quantitative restrictions on imports/exports, allowing duties, taxes, or charges

Exception to GATT principles

Art. XX GATT

Legitimate non-trade purposes:

- Public morals

- Protection of life/health

- Preservation of national treasures

- Conservation of natural resources

Key principles of International Environmental Law (just list)

- No harm principle

- Environmental impact assessment

- Polluter pays principle

- Precautionary principle

No harm principle

States must prevent pollution and significant transboundary environmental harm

Environmental impact assessment

EIAs are mandatory for activities with significant environmental risks, to ensure informed, environmentally sound decision-making (Principle 17 Rio Declaration)

Polluter pays principle

Polluters should bear the costs of pollution, which encourages using economic instruments to internalize environmental costs (Principle 16 Rio Declaration)

Precautionary principle

The lack of scientific certainty isn't an excuse to delay action on serious environmental harm (Principle 15 Rio Declaration)

Definition of Wrongful Act of a state

Art. 1-2 ILC

- The conduct is attributable to the state

- The conduct breaches an international obligation of the state

Attribution of Wrongful Act of a state

Art. 4-11 ILC

- Conduct is attributable to a state if it's done by its organs or agents

- Acts are attributable even if an organ exceeds authority or acts against instructions

Defenses to avoid responsibility of Wrongful Act of a state

Art. 20-26

(defenses can't be used for breaches of ius cogens)

- Consent

- Self-defense

- Countermeasures

- Force majeure

- Distress

- Necessity

Consequences of a breach (Wrongful Act of a state)

Art. 28-39

1. Obligation of cessation and non-repetition:

The state must stop the wrongful act, resume compliance and if needed, give assurances it won't happen again

2. Obligation to make reparation:

Full reparation is required for material and moral harm, through:

- Restitution (restoring the situation to how it was)

- Compensation (for financial loss and lost profits)

- Satisfaction (symbolic remedies used when other aren't sufficient)

Consequences of non-correction of state's wrongful behavior

Art. 33 UN

Diplomatic means:

- Negotiation

- Inquiry

- Mediation and good offices

- Conciliation

Legal means:

- International arbitration (ad hoc tribunals set up for specific cases)

- Judicial bodies (permanent institutions like ICJ)

Requirements for direct applicability of international law in national legal systems:

Self executing provisions

- They directly regulate individual rights or duties

- They are clear and precise enough for courts to directly apply

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