International Law Final

secondary rules

- Which are rules that permit humans by doing or saying certain things to create new rules of the first type, or extinguish or modify existing ones. -confer powers.

Environmental Law Treaties

-Biodiversity and Land Management -Convention on International Trade in Endangered Species -Wildlife and Land Management -Climate, Atmosphere, and other Trans- boundary Problems

Issues with IMF

-Conditionality of loans (not characterized as legally binding) -Nature of assets deposited and withdrawn

Functions of Money

-To provide liquidity to allow for enough transactions to take place in the economy -To provide a mechanism of adjustment to allow for the transfer of wealth from one person to another -To provide a store of value that people are confident in over time

Unauthorized Use of Airspace

-aerial intrusions -right of distress -satellites

Dispute Settlement Appellate Body

-composed of seven members, three of whom will serve on any one case -Appeals are limited to issues of law covered in the panel report and legal interpretations developed by the panel -Proceedings shall not exceed 60 days from the date a party formally notifies its decision to appeal -The resulting report shall be adopted by the DSB and unconditionally accepted by the parties within 30 days following its issuance to Members, unless the DSB decides by consensus against its adoption.

Commission on Human Rights/Human rights Council

-established in 1948, elective states led to political body with 53 member states serving 3 years reported to ECOSOC. -2005 UN Secretary General called for reform-New Human Rights Council-still elected but with equitable geographical distribution-47 members serve 3 year terms, reports GA. Method: mainly investigators that make recommendations to the council but no legal significance.

Contributions of International Organizations

-establishing liability rules -increasing information supply -provide negotiation forum -monitor state behavior or enforce rules.

Limits on Environmental Law

-reflected in the application of the responsibility/liability framework to environmental problems. -"the major long-term environmental issues do not necessarily present themselves as a discrete set of problems, each with a definitive technical and/or legal solution." -litigation can only provide a standard for levels not permitted. -difficulty establishing appropriate redress for violation -additional problem if establishing who is responsible.

Protections for person removed in Combat

-sick -wounded -prisoners of war

5 Freedoms of the Air

-the right or privilege, in respect of scheduled international air services, granted by one state to another state or states to fly across its territory without landing. -right to land in its territory for non traffic purposes. -right , in respect of scheduled international air services, granted by one State to another State to put down, in the territory of the first State, traffic coming from the home State of the carrier. -the right in respect of scheduled international air services, granted by one State to another State to take on, in the territory of the first State, traffic destined for the home State of the carrier. -the right in respect of scheduled international air services, granted by one State to another State to put down and to take on, in the territory of the first State, traffic coming from or destined to a third State.

Types of ICC crimes

-war crimes -crimes against humanity -genocide -aggression

Limitations on Extraditions

-when the requesting state does not accurately show that the accused committed the offense. -when the offense is not a crime in both the requesting and the extraditing states; -when the offense is political in nature.

Diplomatic Ranks

1. Ambassadors 2. Ministers 3. Ministers resident 4. Charge d'affaires 5. Plenipotentiary status diplomatic rank matters when at a diplomatic party or social status symbol.

Functions of Diplomatic Agents

1. Negotiation 2. Representation 3. Information 4. Protection 5. Public Relations 6. Administration

Elements of Extradition Treaties

1. extraditable offenses 2. the specialty principle 3. extraditable persons 4. standards of proof 5. exceptions -political offenses:asylum -political offenses: standard of determination -policy and law:withholding -acts of state.

Early Development on the Law of War

1863: Dr. Lieber's instructions for the Government of Armies of the United states in the field, became the model for many national manuals. The Hague Conferences: First Peace Conference (1899): Convention with respect to the laws and customs of the war of the land. Second Peace Conference (1907): New version, Convention IV, added statement in the preamble- "It has not, however, been found possible at present concert Regulations covering all circumstances that arise in practice". World War I: many efforts to change rules, produced ban on chemical and bacteriological weapons. World War II: The UN and ICRC push for development of law; drafted during the Geneva Diplomatic Conference of 1949.

Humanitarian Law

A set of rule which seek, for humanitarian reason, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. Also known as the law of war or the law of armed conflict.

Protective Principle

A state may assert jurisdiction over conduct outside its territory that threatens its security or the operation of government functions. United States v. Pizzarusso (2nd Circuit, 1968): upheld indictment and conviction of a non-national for lying under oath on a U.S. visa application in Canada

Passive Personality principle

A state may assert jurisdiction over non-nationals who commit crimes against their nationals regardless of location of the act.

Collective enforcement

After 1990, Chapter VII actions involving the use of force in: Iraq Somalia Yugoslavia Rwanda Haiti Afghanistan Libya

Jurisdiction of ICC

After entry into force Court of last resort Most serious crimes of concern to the international community as a whole Genocide War crimes Crimes against humanity Universial Jurisdiction is NOt granted to the court of ICC statute. Based on Territorial or Nationality Jurisdiction.

Defining the Scope of Defense

Agreed on principles of necessity and proportionality Concern over scope of circumstances that constituted necessity, permitting a valid exercise of the right.

The Moon Agreement

Agreement Governing the Activities of States on the Moon and Other Celestial Bodies signature on 18 December 1979, entered into force on 11 July 1984.

The Rescue Agreement

Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space signature on 22 April 1968, entered into force on 3 December 1968

Universality Principle

Allows states to prosecute crimes that threaten international society as a whole and that are criminal in all countries War crimes, piracy, hijacking, terrorism United States v. Smith (1820): pirates More recently applied to crimes against human rights: Filartiga v. Peña-Irala (2nd Circuit, 198

War Crimes

Any act that soldiers or other individuals may be punished by the enemy upon capture of the offender.

Reprisals

Armed attacks in response to previous wrongs A historical anachronism No mention of right of reprisal in the UN Charter GA resolution 1970-- "States have a duty to refrain from acts of reprisal involving the use of force." Prohibited as a legal

Preemptive Self Defense

Art. 51 seems to require that an attack has already occurred before self defense is justified. Some scholars argue preemptive self defense is justified in the face of imminent danger of armed attack. Distinction between anticipatory (preventive) and preemptive depends on circumstances.

Self defense and UN charter

Art.51: Nothing in the present Charter shall impair the inherent right of individual or collective self defense if an armed attack occurs against a Member of the United Nations, until the security council has measures necessary to maintain international peace and security. Measures taken by members in the exercise of this right of self defense shall be immediately reported to the security council and shall not in any way affect the authority and responsibility of the security council under the present charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

Piracy

Article 100 - Duty to cooperate in the repression of piracy All States shall cooperate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State. Article 101 - Definition of piracy Piracy consists of any of the following acts: (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State; (b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; (c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

Piracy con't.

Article 103- Definition of a pirate ship or aircraft A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act. Article 105 - Seizure of a pirate ship or aircraft On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.

Rights under ECHR

Article 2-Right to life Article 3- Prohibition of Torture Article 4-Prohibition of Slavery and Forced Labor Article 5- Right to liberty and security Article 6- right to a fair trial Article 7- no punishment without law Article 8- Right to Respect for Private and Family Life Article 9- Freedom of Thought, Conscience, and Religion Article 10- Freedom of Expression Article 11- Freedom of Assembly Article 14- Prohibition of Discrimination Article 3 of Protocol No.1-Right to Free Elections

Law of Non-International Wars

Article 3 of the Geneva Conventions of 1949, first worldwide rule of international law that required states to treat its own citizens (even rebels) within minimum standards laid out.

Collective Self Defense

Authorized specifically by UN charter Nicaragua vs the United States: There must be an actual or imminent attack; and a request from the attacked state. In 1990, Saudi Arabia and Kuwait requested assistance after the Iraqi invasion. OAS response to the Cuban Missile Crisis.

Jurisdiction of ECHR

Cases against states brought by other states or by individuals. Admissibility: -Exhaust all domestic avenues -Submitted within 6 months. -Be a violation protected by the court, a violation of the European Convention on Human Rights. -Since 1998, the state that is subject to a complaint cannot unilaterally block the petition.

collective security and the security council

Chapter VII, Article 39: "The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression, and shall make recommendations, or decide what measures shall be taken in accordance Article 41 and 42, to maintain or restore international peace and security". Art. 42 authorizes the use of military force, Art. 41 covers economic and diplomatic sanctions. Chapter VII was almost unused during the Cold war Only two determinations of a "breach of peace" before 1990: Korea, 1950 and Falklands, 1986. Authorized the use of force only twice: Korea and Southern Rhodesia.

Major Features of the ICC

Complementarity-when states are genuinely not willing to try based on war crimes the ICC will do it for them Jurisdiction over War crimes, crimes against humanity and genocide, progressively defined. Jurisdiction based on territorial or nationality principles. Strong independent prosecutor that can initiate an investigation. No politically protected class- justice for all.

Steeler v Bulova Watch Co.

Congress in prescribing standards of conduct for American citizens may project the impact of its laws beyond the territorial boundaries of the United States.

Liability Convention

Convention on International Liability for Damage Caused by Space Objects signature on 29 March 1972, entered into force on 1 September 1972

Registration Convention

Convention on Registration of Objects Launched into Outer Space signature on 14 January 1975, entered into force on 15 September 1976

International telecommunications union

Created during the Madrid Telecommunications Convention (1932) Developed the Telecommunications Conference (entered into force 1984)

International Telecommunications Union

Created during the Madrid Telecommunications Convention (1932) Developed the Telecommunications Conference (entered into force 1984) three main areas of activity organized in 'Sectors', which work through conferences and meetings. Radio communication Recommendations (Standards) Developments

Genocide

Defined as a word in an activist campaign in 1940's led by raphael Lepman. Convention on the PRevention and Punishment of the Crime of Genocide-adopted 1948-entered into force 12 January 1951. Requires person be tried in the state where the crime occurred or by such international penal tribunal as may have jurisdiction. Official government office does not prevent punishment. Article 2- "any of the following acts committed with intent to destroy in whole or in part, a national, ethnical, racial, or religious lines as such. Killing members of the group; Causing serious bodily or mental harm to members of the group. Deliberately inflicting on the group conditions of life calculated to bring about physical destruction in whole or in part. Imposing measures intended to prevent births within the group. Forcibly transferring children of the group to another group.

Agents of International organizations

Developed most importantly to the function of the first league of nations and then the united nations. Delegates and representation to the international organizations have rights as it pertains to their functions and travelling to and from meetings-functional necessity theory.

The Bretton Woods System

Effort to stabilize international trade and financial transactions General Agreement on Tariffs and Trade (GATT) The International Monetary Fund (IMF) International Bank for Reconstruction and Development (IBRD)

Stresses on the System

End of Bretton Woods -1971: Nixon unilaterally closes the window converting dollars to gold -This leads to the current period of the flexible exchange rate system Markets determine the values of currencies with respect to one another

Diplomatic agencies and their families

Enjoy immunity anywhere.... From arrest or detention From criminal prosecution From civil jurisdiction Except for actions relating to private property or commercial activity.

World trade Organization

Established to supervise compliance of the GATT and related treaties in 1995 Created a strengthened Dispute Settlement Mechanism Improved reporting on state compliance with Trade obligations

Regional Human Rights Initiatives

Europe: Council of Europe and European Court of Human Rights- Individuals can file a case. The Americas: The American Declaration of the rights and duties of Man (aspirational statement), OAS: Inter-American Commission of Human Rights and the Inter-American Court of Human Rights (legally binding on member states that accept jurisdiction)-only state parties or the commission can refer a specific case.

International Monetary Funds

Example of Embedded Liberalism New international priorities: economic stability but ALSO full employment at home Innovations: -IMF to act as central institutional control -System of fixed, but adjustable exchange rates -Stabilization funds for balance of payments problems -Aimed for universal participation -Weighted voting -Allowed exchange control for controlling capital flows

Protection of Nationals Abroad

Examples: US and Belgian rescue of their nationals in the Congo Israeli raid at Entebbe, Uganda. US invasion of Grenada. The general consensus holds that attacks on nationals abroad do not justify armed intervention without consent of the foreign government.

international radio convention

Expanded control and introduced government licenses for private radio stations, allocation of frequencies and types of transmitters

Political Realism

For realists, the lack of any measures or institutions for third-party enforcement means that agreements or cooperative ventures have a temporary quality because states will abandon them when their interests and power dictate they can. Law only exists if it is backed by power.

Hague Conventions for the Suppression of Unlawful Seizure of Aircraft

Granted universal jurisdiction over crimes defined in the treaty Specific to air hijacking, concurrent jurisdiction with registered state and state where the offender landed. Article 7 and 8 Excluded motivation from consideration of prosecution

The Individual

Human Rights Law From object to subject: Recall the distinction between substantive law (aspirational goals) and rules of morality Restrictions on the Jurisdiction of States over their Nationals--early focus on minority groups with certain states. Theory and Practice: Balancing intolerable intrusions and protecting individuals from excess power of states or governments.

Exclusive Economic Zones

In the EEZ, the coastal state has the right to exploit and take measures to conserve and manage the natural resources, living or non living, of the waters above the seabed, the seabed, and of the subsoil The coastal state has the exclusive right to determine the "allowable catch" Other states have navigation and over flight rights, and the right to lay cable and pipeline, through the zone

Constructivism

International Law creates shared meanings around what is permitted and forbidden in politics. International Law influences states identities, which in turn shape their interests and actions.

Human rights and territorial Asylum

International law only sanctions the practice of asylum it does not designate conditions or duties on states to grants asylum. Convention relating to the status of refugees. A refugee has: "a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion".

Rules governing the use of force

Jus ad bellum Jus in bello

HLA Hart

Law is an ideal type: It may lack hard and fast definition, but we know it when we see it.

command theory of law

Law is the rules followed out of fear of punishment

IMF Enforcement of Obligations

Loan conditions not legally binding Instead, borrowing privileges would be suspended In the event of default, state could be suspended from use of IMF resources Repeated lack of cooperation would lead to compulsory withdrawal Used in the 90's against Sudan and DR of Congo

GATT Principals

Most-Favored Nation principle Trade benefits should be granted to all members in a non-discriminatory way National Treatment Foreign produced goods and services should be treated the same as those produced domestically Negotiated Reduction in Tariff levels over time Exception to MFN Principle Regional trading groups can have lower tariffs Developing countries can temporarily have higher tariffs

Why do States Obey International law

Motivation for Compliance Desire for Order and Predictability Consent and Obedience Credibility and Reputation Law Habit Reciprocity World Opinion

National Airspace Jurisdiction

No jurisdiction over airspace beyond territorial sea Different for air defense Air Defense Identification Zones (ADIZ)

Nuclear Weapons

Nuclear Weapons UNGA Res. 1961 Declared the use of nuclear weapons illegal 55 states voted in favor (3rd World and Communist Countries) 20 states voted against (western countries) 26 states abstained (latin countries)

Antiquity

POWs filled or sold into slavery, noble prisoners were released on payment of ransom.

Diplomatic Privileges and Immunities

Personal Inviolability Restraints on Diplomatic Agents Dismissal of Agents Status of Administrative and Technical Staff Immunity and inviolability of embassy buildings Security of diplomatic premises Status of diplomatic persons in transit Immunity and travel Special categories of agents Diplomatic asylum

Crimes not under ICC's jurisdiction

Piracy Peacetime hostage taking Terrorism Drug trafficking Money laundering and counterfeiting Slave trading

American Banana Co v United Fruit Co.

Plaintiff sued in U.S. courts to enforce U.S. antitrust law against the alleged monopolistic practices of the defendant in a foreign market, which injured plaintiff in the U.S. market. Holmes, J.: "The general and almost universal rule is that the character of an act as lawful or unlawful must be determined wholly by the law of the country where the act is done. . . . For another jurisdiction, if it should happen to lay hold of the actor, to treat him according to its own notions rather than those of the place where he did the acts, not only would be unjust, but would be an interference with the authority of another sovereign, contrary to the comity of nations, which the other state concerned might justly resent."

International Criminal Law

Problems: There are treaty provisions but these are sometimes vague, customary rules are even less clear. no legislature and fairly limited precedent. Concerns with standard of evidence and due process.

Methods in Ensuring Compliance

Public Condemnation Refusal of cooperation on other issues Economic Sanctions Demonstration of Military Power Use of Military Force

The Caroline Case

Rebellion against Britain in Canada, 1837. Rebels in US territory planned and prepared attacks against the BR. The steamship Caroline brought reinforcements and supplies to rebels from US to canadian ports. A BR force crossed the border into NY and destroyed the vessel. US and BR exchanged diplomatic letters and agreed that in some cases anticipatory self defense might be justified. US sec. Of state Daniel Webster insisted that this was not one of those cases. Noted that general rule that the territory of states is inviolable. Exception is justified only when " a necessity of self defense, instant, overwhelming, and leaving no choice of means, and no moment for deliberation" exists. Also insisted on a principle of proportionality, " The act justified by the necessity of self defense, must be limited by that necessity; and kept clearly within it".

Three mechanisms that activate ICC authority

Referral of a situation by a state party. Referral of a situation by the security council Investigation initiated by the ICC Prosecutor

Chinas Rare Earth Metal Case

The General Agreement on Tariffs and Trade (GATT 1947) Article XX: General Exceptions : Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any contracting party of measures: (a) necessary to protect public morals; (b) necessary to protect human, animal or plant life or health; (c) relating to the importations or exportations of gold or silver; (d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article II and Article XVII, the protection of patents, trade marks and copyrights, and the prevention of deceptive practices; (e) relating to the products of prison labour; (f) imposed for the protection of national treasures of artistic, historic or archaeological value; g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption; (h) undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the CONTRACTING PARTIES and not disapproved by them or which is itself so submitted and not so disapproved;* (i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilization plan; Provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of this Agreement relating to non-discrimination; (j) essential to the acquisition or distribution of products in general or local short supply; Provided that any such measures shall be consistent with the principle that all contracting parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of the Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist. The CONTRACTING PARTIES shall review the need for this sub-paragraph not later than 30 June 1960.

Default Assumptions

The association of law with the punishment aspect of criminal law. Presumption that law works efficiently under all circumstances. The belief in a difference between law and politics

Diplomatic Mission

The buildings of a diplomatic mission and the residence of a diplomat are inviolable. Officials and agents of receiving state cannot enter without permission The receiving state must also take necessary steps to protect foreign diplomatic missions. The case concerning US Diplomatic and Consular Staff in Tehran. Communications of a mission are also privileged The diplomatic pouch cannot be opened or detaine

Air Hijacking

The forcible seizure of aircraft Started in the 40s and 50s "Modern" in 1961, El Pirata Confrisi Variable motives

Liberalism/Neoliberalism

The increasing institutionalization of modern international life to suggest that states can and do cooperate on a sustained basis because they cannot otherwise achieve their goals. International Law permits cooperation for states to maximize their individual utilities.

The United Nations and Human Rights

The international bill of rights: Universal declaration of Human Rights International Covenant on Civil and political rights International covenant on economic, social, and cultural Optional protocol one-allows individual appeals to UN HR Committee for the ICCPR Optional Protocol Two-Bans the death penalty

Logic behind humanitarian law

The laws of war were designed to prevent unnecessary suffering Suffering was unnecessary if it did not produce any military advantage or benefit. Some exceptions to this principle: torturing a prisoner to obtain information could produce huge military benefits, but it was and is prohibited.

Gold and Silver

This system was apolitical, because no state controlled the total supply of gold, and one states gold is as good as another There were problems Discovery of new sources of gold led to inflation There was not enough liquidity as trade expanded

High Seas

Traditional: All areas of the oceans located outside of limits of territorial seas Prescription and enforcement: blend of custom, treaty, and national law Stateless ships Piracy

Outer Space Treaty

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies signature on 27 January 1967, entered into force on 10 October 1967

International Criminal Court History

UN conference convened in Rome in June 1998 to negotiate a statute for an international criminal court. After intense negotiations, statute approved by 120 states to 7 opposed (US). President Clinton signed the treaty just before leaving office. Bush subsequently unsigned.

United Nations Headquarters

US Federal, State and Local law apply in UN Headquarters district, except if in conflict with UN regulations for the district Territory of UN district is inviolable by US police, agents, unless authorized by UN Secretary General - but UN cannot be a place of asylum Travel to and from UN district by UN Reps and people with official business cannot be impaired, but travel elsewhere can be restricted. Agents of the UN can have their immunity waived by UN Secretary General - As in the Oil for Food Scandal

US practice on Asylum

US distinguishes between immigrants and asylum seekers. New administrative procedures since 1996 allow for a streamlined hearing on whether or not an individual faces a credible fear of persecution.

Article 22

Vienna convention on diplomatic relations: The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.

Article 29

Vienna convention on diplomatic relations: The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity."

Major Types of War Crimes

Violations of the rules governing warfare Hostile armed acts committed by persons who are not members of recognized armed force. Espionage, sabotage, and war treason All marauding acts

Dispute settlement body

Vital for enforcing the rules and therefore for ensuring that trade flows smoothly A dispute arises when a member government believes another member government is violating an agreement or a commitment made in the WTO. Ultimate responsibility for settling disputes lies with member governments, through the Dispute Settlement Body (DSB). A procedure for settling disputes existed under the old GATT no fixed timetables, rulings were easy to block, and cases could drag on for a long time inconclusively The Uruguay Round agreement introduced a more structured process with: more clearly defined stages greater discipline for the length of time a case take flexible deadlines set in various stages

extraterritorial jurisdiction

When states claim jurisdiction outside their territory. This leads to situations where multiple states claim jurisdiction. - state has jurisdiction over conduct outside its borders when that conduct has an effect within its territory.

primary rules

Which require human beings to do or abstain from certain actions, regardless of their preferences -creates duties

Myth about embassies

are the territory of the sending state. Acts occurring in an embassy are regarded legally as occurring on the territory of the receiving state.

united Nations

assigned to prevent the recurrence of global war "To save succeeding generations from the scourge of war" UN charter, article 2 (4): "all members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations".

Chemical Weapons

ban on the production, stockpiling, and use.

St Petersburg Convention

banned explosive bullets

Biological Weapons Treaty

banned use or possession of biological and toxin weapons.

Plenipotentiary status

capacity to bind their government by word or signature.

Comity

deference for foreign states, permitting application of their rules and rulings in one's own state under certain circumstances.

Rio Declaration

development and environmental quality and protection, emphasis on state duty.

Sustainable development

economic growth that does not deplete the resources needed to maintain growth. Broad support for this principle exists internationally amongst NGOs and International Organizations

Consuls

economic representatives of their states and do not enjoy the same immunities.

Principles of Dispute Settlement Body

equitable, fast, effective, mutually acceptable

European Court of Human Rights

established in 1959 as the judicial enforcement of the European Convention of Human Rights. Decisions are binding on member states Decisions are enforceable in domestic member states national courts. Over 13,600 decisions between 1959 and 2010. 90% of the courts decisions have come after the 1998 reforms.

Crimes Against Humanity

first used by BR FM to described the Armenian Genocide during the first world war. used to punish Nazis for attacks against civilian populations in state they occupied as part of the war, but no for the same types of crimes in Germany. -described as occurring during armed conflict/ discriminatory intent. "Any of the following acts when committed as a part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:" Murder Extermination Enslavement Deportation or forcible transfer of population Imprisonment or other severe deprivation of physical property in violation of fundamental rules of international law. Torture Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity Persecution against any identifiable group or collectivity on political, racial,National, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds. Enforced disappearance of persons The crime of apartheid. Other inhumane acts of a similar character intentionally causing great suffering or serious injury to body or to mental or physical health.

hague conference

focus on making war more humane

Neo classical liberalism

free trade increases aggregate wealth, so states should not interfere. based on modern versions of Adam Smiths theories.

subjective territorial principle

give states the authority to prescribe laws for actions that being within national territory but have harmful effects on the outside.

Extradition

in the absences of a treaty, this presents states with a permissive rule. __________treaties generally obligate states to extradite persons to the requesting state in order to stand trial for a crime committed in that state or to serve punishment pursuant to a conviction recognition and enforcement is based on comity.

Geneva Convention

international humanitarian treaties-- the treatment of the wounded. Protection of sick and wounded soldiers and sailors and POWS. ban bombings on civilians.

Hague Convention

international humanitarian treaties--three conventions the laws of land and sea warfare.

States

issue currency or paper money, starting in the 18th and 19th century. -They control the supply of money This impacts inflation and may have other economic impacts domestically It can have dramatic impacts on international trade Inflation reduces confidence of foreigners in a states currency This makes trade more difficult

Implementation

issues under human rights: -individual petitions -no adjudicative function -funding

Forum non conveniens

judge made principle (common law). The principle allows a court to refuse to hear a dispute on the grounds that the court is not "convenient" court (another state's court would be a fairer forum) Relatively recent development in U.S. legal doctrine Key cases: Piper Aircraft Co. v. Reyno (USSC, 1981) Re Union Carbide Corporation Gas Plant Disaster at Bhopal, India (2nd Circuit, 1987)

Kyoto Protocol

legally binding commitments for industrialized states. compliance committee

Environmental Law

mainly trans-boundary concerns, different from general state responsibility. no one state can resolve environmental issues. state consent is essential to developing legal obligations. based on scientific knowledge tension stems from ideas on local development and market economies.

Aggression

means the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations.

Compliance committee

mechanisms: declaration of non-compliance, request to submit a plan addressing the non-compliance, and suspension of eligibility from the market mechanisms Similar to sanctions Cannot adequately address repeat offenders

Commission sustainable development

meets every 2 years, monitors progress towards rio and agenda 21.

Basic Principles of Law of the Seas

nationality: jurisdiction follows the flag Territoriality Regina v Leslie-Leslie transports 4 exiles from Valparaiso to Liverpool, touching in various ports. Convicted of false imprisonment Flags of Convenience

Agenda 21

no binding obligations; sustainable development.

Dead Letter Law

no means of enforcing compliance, important issues on how far and fast law can evolve.

Kellogg Briand Pact

pact of Paris signed by most states the high contracting parties solemnly declare... that they condemn recourse to war for the solution of international controversies and renounce it as an instrument of national policy in their relations with one another. Attempt to outlaw aggressive war, but not war for self defense or collective action against an aggressor.

objective territorial principle

permits states to legislate for acts that occur outside of its territory but have effects within it.

geneva protocol

prohibited the use of gas and bacteriological warfare.

Landmine Convention

prohibits production and use of landmines Not signed by the US, China, Russia Though all three have unilaterally declared moratoriums.

Key parts of Humanitarian Law

protection of those not part of the fighting. restricting the means and methods of warfare.

UN Charter and the use of Force

provides for two exceptions to the ban on the use of force. -Self Defense -Collective action authorized Security council to maintain or restore international peace and security.

london treaty

regulating the use of submarines.

Covenant of League of nations

required states not to resort to war, but did not outlaw war. requires state to submit disputes to arbitration states could not go to war until 3 months after the conclusion of arbitration or legal proceedings idea that time and debate would diffuse situations.

Jus in bello

rules governing the conduct of war, once it is already going on.

Jus ad bellum

rules governing the initiation of war.

Nationality principle

state laws apply to its citizens and corporations wherever they may be. Universally accepted principle. A few states claim jurisdiction over foreigners for crimes committed against one of their nationals abroad.

League of Nations

states pledged to protect all members against aggression. states agreed to submit disputes to arbitration and to wait 3 month before going to war if arbitration fails. a war against these rules was war against all member states and such an aggressive state was subject to sanction. A unanimous vote was required for the league to take collective action, but parties to dispute could not vote, all states equal.

mercantilism

strategic trade-states should manage wealth and trade to maximize power.

Diplomatic Immunity

tends to make people angry when diplomats seem to be getting away with murder. involves some of the oldest rules in international law. Customary international law now codified in conventions. major violations are rare but receive huge attention.

5 principles of international jurisdiction

territorial nationality protective passive personality universality

Lawful combatants

the laws, rights and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions: To be commanded by a person responsible for his subordinates. To have a fixed distinctive emblem recognizable at a distance To carry arms openly To conduct their operations in accordance with laws and customs of war.

Jurisdiction

the legal authority of states that exercise governmental functions. Disputes arise when different states assert jurisdiction over the same problem of place Relations between legislatures, executives, and courts from different countries. in US often referred to the conflict of laws.

Sovereignty

this implies exclusive jurisdiction; no state may perform any governmental act in the territory of other state without the Latters consent. Any performance of a state act in the territory of another state withouts its permission is a violation of international law. examples of violations: -kidnapping of Nazi War criminal Eichmann in Argentina for trial in Israel. -Sinking of the Rainbow Warrior by French agents in New Zealand harbor. -Kidnapping of Dr. Alvarez Machain in Mexico by US. agents.

Conventional Weapons

to limit the use of incendiary weapons and landmines.

Just War Doctrine

to punish a wrong committed by another state, only one side could be just, and only just wars are legal.

New Roles for IMF

turns focus to developing countries mediates between lenders and borrowers; financial seal of approval. structural adjustment programs.

Armed Conflict

used when there is not official declaration of war.

Article 30

vienna convention on diplomatic relations: 1. The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission.

Article 31

vienna convention on diplomatic relations: 1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction . . . 2. A diplomatic agent is not obliged to give evidence as a witness. No obligation to extradite in the absence of a treaty

legal wars

wars viewed as this if they are fought for vital interests.

Law of the seas

what makes this different? -concurrent jurisdiction -competing claims to resources -location matters