International Law

Two Types of International Law

1. International Agreements: Treaties, conventions, declarations, and contracts. Technically binding on the parties, and is an articulation of the things you can do or not do. 2. Customary International Law: Universally obligatory, arises out of civilized communities without the technical packaging of International agreements and is underscored by natural law. 1 and 2 intermingle and can transfer from one category to another

Treaty Process

1. President enters into a Treaty 2. Treaty goes to a senate on foreign relations with the state department providing info on consequences, what it means, etc. 3. Then introduced to full Senate, needs 2/3rds to pass in perpetuity. Senate can confirm, ignore, or reject 4. Must be signed by President 5. Must be deposited in Depository where all docs are housed 6. Treaty is Valid 7. House can involve itself in ancillary and subsequent ways through it's pursestring powers.

ICJ Rules

15 Judges that correspond to the diversity of different geographic regions and gender. Have a right to a judge of your own nationality in order to make certain that custom and usage are included in the fairness of the trial. Private parties cannot bring conflicts, only states. ICJ exercises consensual J:/ - must agree to consent. If you agree to consent to J:/, it is binding, and there is no escaping the case.

4 Criteria of Statehood

A People. A Territory. A Government. and A Capacity for International Relations.

Breach of Treaties

A material breach in a multi-lateral treaty allows parties to suspend or terminate a treaty between themselves and another and generally the treaty will continue with the remaining parties.

Vienna Convention on the Law of Treaties

A party may not invoke provisions of domestic law as justification for not performing a treaty.

Reservation

An addendum to a treaty that reserves a right to the state. A state may formulate a reservation, these are good unless the treaty prevents the reservation, or limits the types of reservations, or if the reservation is incompatible with the object and purpose of the treaty. Reservations do not work in bi-lateral treaties, but do in multi-lateral treaties.

Important Principles of the Nuremberg Charter

Any individual who commits an act that constitutes a crime under Int'l law is responsible and liable for punishment. The fact that internal law does not pose a penalty is not an excuse to avoid punishment under Int'l law. Even if the act is committed while acting in an official capacity, and following orders is not a defense under Int'l law, provided a moral choice was possible.

Comity

Comity is curtesy and the growth of a curtesy may result in customary law.

Where does Int'l Law Apply?

Countries, sovereign states, organizations and corps, individuals is a debated point - but for the purpose of the class, yes.

Various Courts of the ICC

Court of Arbitration International Court of Justice International Criminal Court

Opino Juris

For a practice to become a rule of Inter'l law, it must appear that the states follow the practice from a sense of legal obligation. The law comes into existence when states believe they are under a legal obligation to comply. It is difficult to determine when the transition from comity to law comes into existence.

How do you recognize Int'l Law

General pattern of practice or behavior. General patterns of legal expectation.

Codify Definitions of International Law

ICJ Art 38(a) int'l conventions establishing rules expressly recognized by contesting states (b) customary law (c) general principles of law recognized by civilized nations (d) judicial decisions and the teachings of the most qualified authors of the various nations as a subsidiary means for the determination of the rules of law Restatement 102 - US Def of int'l Law 1. a rule of intl law is one that has been accepted as such by the intl community of states (a) in the form of customary law (b) by international agreement (c) by derivation of general principles of major legal systems of the world *Usage is not custom unless it is combined with legal patterns of expectation and the understanding that a violation must occur

International Criminal Court

In order for the ICC to take a case, must prove domestic courts can't work. UN security Counsil can refer to the ICC

The Hague

Located in Holland, initially called by the Czar of Russia Formed the basis of current international law and ID'd the rules of warfare and general conduct

Hierarchy of International Law

Obligations to the UN Charter are supreme to other international agreements. You are bound, even in the material breach of another signatory. 1841 SCOUTUS recognized human rights over a treaty.

Jus Cogens

Pre-emptory norms: Object of regulation is a fundamental principle of Int'l law, excepted by the int'l community as a norm, under which no deviation is permitted. Unlike ordinary customary law, premptory norms cannot be violated by any state through treaty.

Important Conventions

The Hague, Geneva, League of Nations, Vienna, and the UN