International Law Mid term

International Relations theory

designed to explain and predict world politic outcomes across a spectrum of conflicts and cooperations by analyzing interactions

• helps understand why behind decisions

International Law

focused on formulating and enforcing rules to govern state behavior

Customary International Law

general practice accepted as law (objective)

• gather evidence to argue that nation states have gathered customary practices

• legal obligation but if you are silent about how you feel than that is taken as acceptance unless vocally spoken

rules of treaties

• in written form

• in-between sovereign entities

• governed by international law

• agreement of ratification

subjects of international law

• states

• international organizations like UN

• NGO

• individuals/collective group[s

criteria of nation states

population

• no minmum

territory

• no minmum

effective governemnt

• can gov. be able to have peace and order, law and order guaranteed

capacity to enter international relations

how is a nation state recognized

• needs other nation states to acknowledge that other states meet the criteria

• recognition by parent state is helpful goes a long way

• right of self determination

how is territory acquired

• leased

• wars of aggression

• discovery

Hart International Law

law = primary rules

• no secondary rules

Austin International Law

rule of morality

• it is the right thing to do but not a legal pronouncement

• command of the sovereign

Where does international law come from

ICJ statue 38

• international conventions

  • contract; treaties

• international custom as evidence practice of general practice accepted as low (explicit and implicit consent)

Treaties

• agreement of ratification

  • signing/signature →consent

• reservations

  • you can exclude yourself from a part of a treaty you don’t agree with

• interpreting

  • systematic development

• enforcing

Jurisdiction of nation states

• power to prescribe (rules) → legislate

• power to adjudicate (cases/disputes) → cosmetic courts

• power to enforce (judgement of court)

Jurisdictional authorities rules

1. territory

2. nationality

3. protective principle

   1. not a protection of who lives in your territory/nationality but of acts that would harm the government

4. passiver personality

5. universal jurisdiction

ex. . U.S. -> prosecutes U.S. citizen for a crime on U.S. soil (victim is also U.S. citizen) This situation is U.S. and U.S. only and it had no impact on hurting any other country

legal and practical limits on the assertion of jurisdiction

comity

• curtesy or respect for neighbors in international community

interest balancing

• when different assertions end up in court, what seems fair and right to do

reasonableness

subjective territorial jurisdiction

person or things within territory

objective territorial jurisdiction

persons or things outside the territory but have effects within the territory

effects principle

consummation have an effect on that countries territory

accountability

someone explains/justifies the behavior

responsibility

assignment of blame of wrongdoing/outcome(someone/something can be blamed for undesirable behavior)

• traditionally has focused on states → ability to hold states responsible I(how states can paricpate in IL)

Liability

obligation to make reparation/restitution

• act leads → damages

• limited ability because states are sovereign to hold them liable in court

• not about punishment

key criteria to assert responsibility

A. acts attribute to state

• effective control

• overall control

  • majority of the time personal behavior doesn’t effect nation state

B. Act in question must be an internationally wrongful act

• act violated international legal obligation you nation state had

justifying wrongful behavior in IL

• consent/act counter measure

• act of god

• national interest threatened

General Rights in IL

• independence or sovereignty for territory you hold power over

• viewed as an equal along other nations

• capacity to enter treaty

• capacity to help from customary international law

• some ability to claim a breach of international law (obligations that are owed to you)

  • breach, part of what you are triggering is the rules of responsibility

• immunities

• rights to engage in retaliation to the wrong/harm caused to you

duties of nation states

legal obligations

abide to treaties

abide customary international law

Resolve dispute → political considerations

• negotiation

• Third Party

Third Party resoling disputes in IL

provides good offices

fact finding

mediation

arbitration

adjudication

because a dispute exist

Sanctions ←internationally wrongful act tributes to the state (A) + legal but unfriendly act

                  Harm from A to B so now B has sanctions

Sanctions

self help mechanism

reprisal, release, retorsion

reprisal/ counter measure sanctions

illegal act by State B in response to an illegal act that is committed first by Sate A Bit action is justified because it was to a first occurring state act that caused harm

release sanctions

treat between two parties and the wrongful act is that State A violated a part of that treaty so State B wants to one released from the treaty

retorsion sanctions

legal but unfriendly act by State B in response to some act by State A that is legal/illegal