International Law

What are key elements of recognizing states?

treated as equal by other states, eligibility to be a member of IOs, access to ICJ

What does terra nullius and res communis mean?

undiscovered unclaimed land, shared territory between all states

What is the main legal basis for diplomatic immunities?

vienna convention on diplomatic relations 1961

What is uti possidetis?

where the former colonial boundaries were frozen at moment of independence

Is ICJ optional?

yes

What is territorial sea?

12 nautical miles from baseline (lowtide)

contiguous zone?

12 nautical miles from territorial waters, some environmental rights

Exclusive Economic Zone

200 nautical miles from contiguous zone, some rights over resources and limits and management

What were the first examples of international law?

Ancient Times: the creation of city-state's territories & jurisdiction & Egyptian treatings Romans: Jus Gentium (shared laws by all nations), the relations between Roman citizens and foreigners Islamic World: the notions of hospitality for diplomats & the respect for promises Middle Ages: Canon law (Church laws), the beginnings of commercial and maritime law

What changed with the end of WW2?

Inter. Law expanded to more subjects (IOs & individuals), there was an increase in the concern of the individual, and the number and importance of IOs increased (ex. EU, UN)

What did the Peace of Westphalia mean for Inter. Law?

It cemented the 'nation-state' which created an international community and the series of principles that guide it such as non-interference in the affairs of other states

What was the Congress of Vienna?

It was the balance of power b/t from 1815 to WW1 where weak states would align with the stronger states

Internal waters are?

Landwward side of baseline

What is the principle of non-recognition?

Legal rights cannot come from an illegal situation

What are the 2 schools of positivism?

Monists: pacta sunt servanda, automatic application of international law in internal law. No need to ratify laws again at the domestic level, they are automatically transposed, usually present in civil law systems Dualists: the consent of 2 parties, transposition of international law is needed for domestic law, must be ratified internationally and internally *even if not ratified by internal law, states are still bound by international obligation

What are the 3 main characteristics of International law?

Natural Law (concepts shared by all), consent (to bind to other states), reciprocity

Are UN resolutions binding?

No only a recommendation, usually used to prove a custome

Who are the main subjects and sources of International Public Law?

States

Rank the order of subjects with fullest legal personality to least

States, IOs, MNCs, NGOs, individuals

Who created IOs, who are they subject to, and what can they create?

States, only subject to international law, pursues mandates given by states and can create norms or derivative law for member states

What were two basic principles that were created for Inter. law that came out of the Peace of Westphalia?

The Law of Nature (jus gentium) and positivism (how states behave in reality)

When were the first individuals trialed in inter. law?

The Nuremberg Trials for crimes committed during WW2

What is seen as the most important source of inter. law?

The Statute of International Court of Justice

What is effectivites?

The history of control and jurisdiction of a territory, effective control

What is recognition theory?

To be a state you must be recognized by other states

What are the sources of inter. public law?

Treaties/conventions/agreements, customs, general principals of law, jurisprudence & doctrine (subsidiary sources)

What is the hierarchy of sources?

Treaty vs. custom - can be equal, will depend on the case & interpretation of the law, the more specific one will win Jus cogens & erga omnes - superior to all other types of international norms, a treaty is considered null/void if it violates a jus cogen

What is a legal personality?

a subject of rights and obligations

What is the objective responsibility theory?

act or omission that results in damage, makes states responsible for state organs

What is ratione materiae and raione personae?

cannot be persecuted for acts during service as heads of state but can be for private acts before or after absolute immunity while head of state is serving in relation to gov. acts

What are constituent instruments given to IOs?

conventional: international agreements subject to law of treaties institutional: create subjects of international law with a particular autonomy

What are the grounds for self-determination under inter. law?

decolonization or foreign/alien domination, serious violations of human rights

What is sovereign immunity to applied to and based on?

foreign states, diplomats, IOs and their officials sovereign equality, state sovereignty, non-interference, practical reasons (diplomats need to do their jobs unhindered)

How is state responsibility derived?

form nature of inter. legal system of equal states and doctrines of state sovereignty and equality

What are crimes against inter. criminal?

genocide, crimes against humanity, war crimes, crimes of aggression

What do jus imperri and jus gestionis mean?

government activities and commercial/private activities

List personal immunities

inviolibilty (no detention or arrest), immunity from jurisdiction and execution, no taxes, social security, etc.

What does pacta sut servanda mean?

it is binding upon parties & fulfilled in good faith

What was significant about the 1928 Kellog-Briand Pact?

it renounced war, before war was considered normal and lead to the creation of the LoN and Permanent Court of International Justice

Define national law and international law

national:governs the concrete application of international obligations within a state inter.: determines the existence of treaty obligations b/t 2 parties

List the characteristics of customs

not written a practice established overtime, a continuity or norm accepted as law no specific length of time needed to become one in compliance with international laws

How does declaratory theory describe a state?

permanent population, defined territory, gov. control, capacity to enter into relations with other states

What are the common structures of IOs?

plenary organ, executive organ, secretariat, others (tribunals, commissions, etc.)

What is the scope of state responsibility?

state organs, entities empowered by state, acts ultra vires, acts of groups (not organs), not mobs or violence or insurrection

What are the privileges and immunities of IOs

states can't enter IO premises without permission, inviolibility of documents, immunity from jurisdiction, immunity from execution, immunity from tax

What is Active State Doctrine?

states will recognize the actions of other states as valid ex. highschool diplomas

Inter. Public Law is different to Inter. Private Law because of?

subjects, sources, resolution of disputes, enforcement