PIL 2
Principles of international arbitration.
Arbitration is a consensual, binding method of dispute resolution, usually codified within an international agreement/treaty.
Name at least four conventions which codifies PIL.
-UN Charter - international convention, binding treaty. -European Convention of 1950s on Human Rights - 1st concept of human right hard law -The Vienna Convention on the Law of Treaties (1969) - applies only to treaties which are concluded by states, and to any treaty which is the constituent instrument of an international organization and to any treaty adopted within an international organization without prejudice to any relevant rules of the organization. -Declaration on the Principles of Law (1970) - was adopted as a resolution of the General Assembly and included principles like (states should refrain from the use of force, settle international disputes peacefully, duty NOT to intervene in matters of another state, principle of cooperation, equal rights/ self-determination of peoples).
Role of the domestic law in PIL.
Sometimes domestic rules may prevent the creation of a new customary law or another international treaty.
Territorial asylum. Rules and principles.
1) Asylum, in international law, the protection granted by a state to a foreign citizen against his own state. The person for whom asylum is established has no legal right to demand it, and the sheltering state has no obligation to grant it. 2) 3 types of asylum: 1) territorial - is granted within the territorial bounds of the state offering asylum and is an exception to the practice of extradition. Designed to protect those accused of treason, desertion, sedition and espionage. (exclusion from this category persons accused of the murder of a head of state, certain terrorist acts, collaboration with the enemy in time of war, crimes against peace and against humanity, and war crimes) 2) extraterritorial - refers to asylum granted in embassies, legations, consulates, warships, and merchant vessels in foreign territory; often occasion to disputes; 3) neutral - exercised by states who announced neutrality in wartimes; offering asylum within its territory to troops of belligerent states, provided that the troops submit to internment for the duration of the war. 3) Article 14 of the Universal Declaration of Human Rights states that "Everyone has the right to seek and to enjoy in other countries asylum from persecution. 4) The United Nations 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees: a) guides national legislation concerning political asylum; b) refugee = is a person who is outside that person's own country's territory owing to fear of persecution on protected grounds; c) grounds for protection: race, caste, nationality, religion, political opinion, membership in a political/social organization 5) the 1951 United Nations Convention Relating to the Status of Refugees non-refoulement order. 6) In EU: Geneva Convention of 28 July 1951 on the Status of Refugees.
Briand-Kellog Pact and its significance on the way of excluding agressive wars from international system.
1) also called Pact of Paris; 27 August 1928 in Paris 2) multilateral agreement attempting to eliminate war as an instrument of national policy. 3) part of series of peacekeeping efforts after WWI 4) Frank B. Kellog - the U.S Secretary of State; proposed to made this pact (Briand) into general multilateral treaty. Briand - the French foreign minister, wanted to tie US into the system of protective alliances; 5) nearly all the nations of the world eventually subscribed to the Kellogg-Briand Pact, agreeing to renounce war as an instrument of national policy and to settle all international disputes by peaceful means 6) the pact would not prohibit, for example, wars of self-defense or certain military obligations arising from the League Covenant, the Monroe Doctrine, or postwar treaties of alliance 7) significance: generally little significance as it does not live up to all of its aims: it didn't outlaw war, it didn't stop the rise of militarism or unable to keep peace among the world. Morevoer, it actually erased the distinction between war and peace and thus made it possible to wage wars without calling them wars (for example the Japanese invasion of Manchuria in 1931). It has also been ridiculed for its moralism and legalism. But it lead to more activist american foreign policy and was a basis for further development of international norms; it also served as a legal basis for the concept of crime against peace; helped the development of human rights (??? not sure here). 8) why it was arguably insignificant? there was no enforcement mechanism. it also served the west but "smaller" countries harm was later ignored (ETHIOPIA AGAIN xd Correction: xD)
Count down all the organs of the United Nations. What are their functions?
1. General assembly: main deliberative, policymaking and representative organ of the UN. All 193 Member States of the UN are represented in the General Assembly, making it the only UN body with universal representation 2. The Security Council has primary responsibility, under the UN Charter, for the maintenance of international peace and security. It has 15 Members (5 permanent and 10 non-permanent members). Each Member has one vote. Under the Charter, all Member States are obligated to comply with Council decisions. 3. The Economic and Social Council is the principal body for coordination, policy review, policy dialogue and recommendations on economic, social and environmental issues, as well as implementation of internationally agreed development goals. 4. The International Court of Justice is the principal judicial organ of the United Nations. Its seat is at the Peace Palace in the Hague. The Court's role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. 5. The Secretariat comprises the Secretary-General and tens of thousands of international UN staff members who carry out the day-to-day work of the UN as mandated by the General Assembly and the Organization's other principal organs.
In what situations it is impossible to make a reservation to an international treaty?
A reservation is defined by the 1969 Vienna Convention on the Law of Treaties as: a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State. In effect, a reservation allows the state to be a party to the treaty, while excluding the legal effect of that specific provision in the treaty to which it objects. States cannot take reservations after they have accepted the treaty; a reservation must be made at the time that the treaty affects the State. The Vienna Convention did not create the concept of reservations but codified existing customary law. Thus even States that have not formally acceded to the Vienna Convention act as if they had. When states make an objection to a reservation stating that it failed the legality test, there are three possible results, according to legal commentators: -The state which made the reservation is not bound by the treaty anymore. In other words, the state is no longer a party to this treaty; -The state which made the reservation is bound by the treaty including the parts on which it made the reservation; -The state which made the reservation is bound by the treaty, but not by the part on which it made the reservation;
Constitutional elements of a statehood. Necessary components of state territory.
A state needs: ● Population ● Territory ● Government ● Sovereignty The constitution... ● defines relation between legislative, judiciary and executive ● defines basic rights of citizens within territory ● defines obligations of citizens within territory ● Indicates hierarchies and relations of power (federal, centralised state)
Permanent courts and courts ad hoc. What is the difference? Give some examples.
Ad-hoc - latin shorthand meaning "for this purpose only." Thus, an ad hoc committee is formed for a specific purpose, usually to solve a particular problem. It is mainly with the Nuremberg trials after World War II that ad hoc tribunals dealing with criminal cases against individuals have been created to deal with the core international crimes, namely genocide, war crimes and crimes against humanity. The International Criminal Tribunal for the former Yugoslavia (ICTY) and its sister court for Rwanda (ICTR) were both created by the UN Security Council. Since then, special courts have also been set up to prosecute domestic and international crimes. Examples of such mixed tribunals can be found in Kosovo, Bosnia Herzegovina, East Timor, Sierra Leone, Cambodia, and most recently Lebanon.
Registration of international treaties. What is the effect of non-registration? (Please double check)
All Member States of the UN are required to register their treaties and agreements; This is a mandatory obligation. The aim is to create an overview of treaties and agreements in place, so to say to codify international law to some extent. Non registration/publication leads to intransparency of international law. "Every treaty and every international agreement entered into by any Member of the United Nations ... shall as soon as possible be registered with the Secretariat and published by it." Article 102 of the Charter of the United Nations
. Diplomatic corps.
All of the foreign diplomats in a country. Most ambassadors represent their government in a single country; 'ambassadors-at-large' work in several (normally neighbouring) countries, or represent their nation at intergovernmental organisations. Below the ambassador in the diplomatic hierarchy come the following: minister; minister-counsellor; counsellor; first secretary; second secretary; third secretary; attaché; assistant attaché. In the absence of an ambassador or a senior diplomat, a chargé d'affaires will temporarily head the diplomatic mission. At formal events, the chargé d'affaires has a lower precedence than the ambassador. Attachés are generally staff, acting in an advisory or administrative capacity, who are not members of their country's diplomatic service, and are therefore temporarily 'attached' to the mission.
Rules of the non-harmful flow through territorial sea. How would you define this part of sea?
Area of water over which a state has jurisdiction Base of coastal waters, extending up to 12 miles from the coastline. If two territorial seas overlap, the border on land is taken as a reference point and a median is calculated
What are the basis for international responsibility of states?
Base for responsibility - violation of international obligation (velict) Modern concept of responsibility: state is responsible for every action when there is a material loss for both foreign citizens and/or foreign country.
Functions of a diplomatic mission.
Basic functions of a diplomatic mission include: ■ Represent the home country in the host country ■ Protect the interests of the home country and its citizens in the host country ■ Negotiate with the government of the host country ■ Monitor and report on conditions and developments in the commercial, economic, cultural, and scientific life of the host country ■ Promote friendly relations between the host country and the home country ■ Develop commercial, economic, cultural, and scientific relations between the host country and the home country. ■ Issue passports, travel documents, and visas
Cession in PIL
Cession is an understanding under international law by which territory is transferred from one State to another with the consent of both States. It is one of the modes by which States can lawfully acquire territory ( Territory, Acquisition ), and since it is based on mutual consent, it is presumably today the mode having the greatest practical relevance. As it necessarily entails a change of territory, cession is a case of State succession, ie of the replacement of one State by another in the responsibility for the international relations of the territory
How do you understand the diplomatic relations between states?
Diplomatic relations refers to the customary diplomatic intercourse between nations. It involves permanent contact and communication between sovereign countries. As a part of the diplomatic relations two countries send diplomats to work in each other's country and to deal with each other formally.
Depositary for an international agreement. How may take this obligation and what are the task of such a person or institution?
In international law, a depositary is a government or organization to which a multilateral treaty is entrusted. The principal functions of a depositary are codified in Article 77 of the Vienna Convention on the Law of Treaties. After a treaty has been concluded, the written instruments, which provide formal evidence of consent to be bound, and also reservations and declarations, are placed in the custody of a depositary. Unless the treaty provides otherwise, the deposit of the instruments of ratification, acceptance, approval or accession establishes the consent of a state to be bound by the treaty. For treaties with a small number of parties, the depositary will usually be the government of the state on whose territory the treaty was signed. Sometimes various states are chosen as depositaries. Multilateral treaties usually designate an international organization or the Secretary-General of the United Nations as depositaries. The depositary must accept all notifications and documents related to the treaty, examine whether all formal requirements are met, deposit them, register the treaty and notify all relevant acts to the parties concerned. The functions of a depositary, unless otherwise provided in the treaty or agreed by the contracting States, comprise in particular: (a) keeping custody of the original text of the treaty and of any full powers delivered to the depositary; (b) preparing certified copies of the original text and preparing any further text of the treaty in such additional languages as may be required by the treaty and transmitting them to the parties and to the States entitled to become parties to the treaty; (c) receiving any signatures to the treaty and receiving and keeping custody of any instruments, notifications and communications relating to it; (d) examining whether the signature or any instrument, notification or communication relating to the treaty is in due and proper form and, if need be, bringing the matter to the attention of the State in question; (e) informing the parties and the States entitled to become parties to the treaty of acts, notifications and communications relating to the treaty; (f) informing the States entitled to become parties to the treaty when the number of signatures or of instruments of ratification, acceptance, approval or accession required for the entry into force of the treaty has been received or deposited; (g) registering the treaty with the Secretariat of the United Nations; (h) performing the functions specified in other provisions of the present Convention.
Regional norms in PIL.
In the first sense, it designates any set of rules with which a region endows itself because of the distinctive values shared by its members. In the second sense, it encompasses any rule having a regional scope of application. Historically, regional international law first appeared in the former sense but it was progressively enlarged and understood in the broad sense. As a result, it is no longer a legal autonomous concept. It is now considered as embracing not only geographical, but also political agreements and unions. Regional international law has become rather evanescent as a legal concept. It is considered nowadays, whatever its form is, as nothing more than an intermediate and undefined level between national and universal levels. Current international law does not grant regional international law any specific regime, except insofar as it constitutes special law (but then, it is considered as such, not as regional law). To put it briefly, nowadays the fact that an international rule is regional in nature is deprived, as such, of any autonomous legal consequences. Regional international law reveals itself as being no more than a factual, not a legal, concept. There is still regionalism, but there is no (more) regional international law.
What are the principles of responsibility and reparation of the losses in PIL?
In transitional justice, reparations are measures taken by the state to redress gross and systematic violations of human rights law or humanitarian law through the administration of some form of compensation or restitution to the victims. The right of the victim of an injury to receive reparation, and the duty of the party responsible for the injury to provide redress. 1. Restitution: restore the victims situation of that one before the damages have occured 2. Damages Compensation: solely economical amends towards the victims to make up for experienced losses 3. Rehabilitaiton: medical, psychological, social, legal assistance 4. and two other, less important (Satisfaction and Guarantees of non-repetition)
Basic differences between insurgents and belligerents.
Insurgency means rebellion, riot or mutiny by portion of the citizens of a State against the established government. It indicates armed struggle by dissident forces the established government in a state. On the other hand 'Belligerent signifies a stage of the civil war in which there are two contenders for power that can be placed on a platform and there is something like a state of war, and not only civil conflicts. Despite conflicting opinions as to the exact definition of "insurgency" there is a consensus that the insurgency can become belligerency.
Definition of an international agreement. What kinds of agreements do you know? What are the characteristic parts of the agreement?
International agreement - agreement concluded between states in written form and governed by international laws, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. The title of the agreement is not a determining factor in making distinctions among different arrangements. Although considered binding, international agreements may lapse on expiration, through war or denunciation, or when a fundamental change in circumstances occurs. Kinds: general/universal, particular (like Baltic Sea Agreement, only for states of around the sea), bilateral (lowest level of agreements).
Original and secondary legal personality in PIL.
It is possible to say that States have original personality and non-State actors have derived (secondary) personality. This is because States become international persons the moment they are States. Other subjects derive their personality through other means - for example, for organizations, the extent of their rights and duties under international law may be described in their constitutions/charters/treaties that establish the organization.
What was the first legal act outlawing a war as a way to lead international policy?
Kellog-Brian Pact outlawing war as a means of foreign policy in 1928 (signed by a.o. US, New Zealand, German Reich, Poland, Soviet Union)
Par in parem non habet imperium - how do you understand this?
Latin for "equals have no sovereignty over each other" - is a general principle of international law, forming the basis of state immunity. Because of this principle, a sovereign state cannot exercise jurisdiction over another sovereign state (Polish court cannot judge Italy, the exception is a violation of human rights).
All the sources of PIL.
Main - custom, international agreement (general, universal, bilateral, particular), general principles of law. Secondary (not really sources but still influence) - judicial decisions, conclusions of international conferences, resolutions of General Assembly, writings of publicists, decisions of International Law Commission, considerations of humanity, unilateral agreements.
Is the codification of PIL completed?
Not really, since there are institutions (International Law Commission and International Law Association) that are always in the process of law codification. Also there are scholars (Hart) who believe that law is always in the state of creation because the world affairs change all the time and so do international treaties.
What is opinio iuris sive neccesitatis?
Opinio juris sive necessitatis means "an opinion of law or necessity." It is the belief that an action was carried out because it was a legal obligation. This term is frequently used in legal proceedings as a defense in a case. The principle of International Law is that where states believe and accept that a practice exists and must be followed because of a rule of law requiring it, the practice becomes a part of the body of norms known as International Customary Law.
Differences between diplomatic privileges and immunities?
Privileges (give smth extra) - The immunity given to members of diplomatic missions and diplomatic couriers from arrest and prosecution for any criminal offence. The premises and diplomatic bags of the mission are inviolable and cannot be entered unless privilege is waived. The law on diplomatic privilege is laid down in the Vienna Convention on Diplomatic Relations 1961 and brought into UK law by the Diplomatic Privileges Act 1964 and subsequent Acts. It is an offence under the Criminal Law Act 1977 to trespass on the premises of a foreign mission. (oxfordreference) Immunities (helps avoid smth) - immunities enjoyed by foreign states or international organizations and their official representatives from the jurisdiction (also exemption from taxation) of the country in which they are present. The exemption enjoyed by diplomatic agents, their families, and members of their mission staffs from many ordinary criminal and civil laws of their host country, as determined under terms established by treaty and international law.
Legal personality of international organizations.
Problem of creation. International Law vs. Domestic Law. Results and implications of this. However, legal personality is necessary in order to operate on the international plane. Entities possessing international Legal personality are subjects of international law and thus capable of enforcing rights and duties upon the international plane as distinct from operating merely within the confines of separate municipal jurisdictions.
Languages of international agreements. How international agreement comes to legal force?
Problems that arise from the use of either one language (power relation) or a neutral language (possible misunderstandings) are obvious. English is very popular, due to its presence in the economic sphere. Official working languages of the UN: Arabic. Chinese. English. French. Russian. Spanish. Regional Organizations (EU, MERCOSUR, ASEAN) also have predefined working languages that take into account their respective regional language distribution. A treaty comes to legal force by being signed by the respective parties (or their official representatives) and by being published (in the case of Public International Law a special procedure of the UN is to be followed: signature, ratification, entry into force)
What is a ratification of the treaty
Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, while in the case of multilateral treaties the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation. The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty.
How do you understand the term "international recognition"? / Recognition of states - methods, effects, theories.
Recognition is a process whereby certain facts are accepted and endowed with a certain legal status, such as statehood, sovereignty over newly acquired territory, or the international effects of the grant of nationality. International recognition is important evidence that the factual criteria of statehood actually have been fulfilled. A large number of recognitions may back/support a claim to statehood even in circumstances where the conditions for statehood have been fulfilled imperfectly (e.g., Bosnia and Herzegovina in 1992). According to the "declaratory" theory of recognition, the act of recognition signifies no more than the acceptance of an already-existing factual situation—i.e., conformity with the criteria of statehood. The "constitutive" theory, in contrast, contends that the act of recognition itself actually creates the state.
Retaliatory means in PIL. Reprisals and retortions.
Retaliation is a non amicable action short of war taken by one state against another in response to conduct that the retaliating state considers injurious or unfriendly. It may be forcible or peaceful. The retaliation is generally in kind when in response to a legal act, such as discrimination in tariffs, restriction of immigration, closure of ports, or legislation against aliens; such action is called retortion. Reprisal, on the other hand, is a retaliatory action that seeks redress for an illegal act, such as refusal to arbitrate or to satisfy claims, confiscation or seizure of property, or injury to citizens of the retaliating state. Reprisal is generally not limited to retaliation in kind and need not be proportioned to the offense that prompted it. Reprisal may take one of several forms: withdrawal or severance of diplomatic relations, display of force, pacific blockade, embargo, nonintercourse, bombardment, or seizure and occupation of property.
External organs of the states in international relations / Permanent diplomatic mission and special diplomatic mission. Similarities and differences.
Special diplomatic mission - "a 'special mission' is a temporary mission, representing the State, which is sent by one State to another State with the consent of the latter for the purpose of dealing with it on specific questions or of performing in relation to it a specific task", "The functions of a special mission shall be determined by the mutual consent of the sending and the receiving State."- the UN Special Missions Convention. "The normal task which a special mission will perform is a task that would ordinarily be performed by a permanent diplomatic mission of the sending State". Permanent diplomatic missions have a wide range of functions, and are by no means limited to what may be thought of as classical diplomacy. In any event, there was no agreement during the negotiations to limit the functions that might be performed by a special mission. Two or more States may each send a special mission at the same time to another State in order to deal together with questions of common interest. The emphasis is on consent. Special missions from two or more States may meet in the territory of a third State, but only after obtaining the express consent of that State. A permanent diplomatic mission is typically known as an embassy, and the head of the mission is known as an ambassador or high commissioner. All missions to the United Nations are known simply as permanent missions, while EU member states' missions to the European Union are known as permanent representations, and the head of such a mission is typically both a permanent representative and an ambassador. European Union missions abroad are known as EU delegations. Some countries have more particular naming for their missions and staff: a Vatican mission is headed by a nuncio (Latin for "envoy") and consequently known as an apostolic nunciature. CONSULATES,
International sanctions and the way they are usually imposed.
Sanction - the form of force that is used by min 1 state against another. It is NOT a PUNISHMENT because a state cannot be punished. State cannot impose a sanction that is against law. To impose a sanction there must be a violation of PIL or political reasons. Sanctions can be: -economic; -political (against politicians/governments); -social (against citizens); -legal; -military. Groups of sanctions: -organized (most popular kind; clearly stated; based on international law/agreement/UN; way of imposing is really clear; there's a committee/body that decides). 3 kinds: a) organizational (about the participation of the state in the future cooperation; if it doesn't pay fees to stay in organisation it gets expelled till it pays; suspension and exclusion; it can be a warning to the state - preliminary sanction); b) improving/correcting (group of sanctions by using which states try to stop the violation of agreement/rule of PIL/ius cogens; if state doesn't fulfill the obligation; include negative economic steps); c) direct force (1st Iraq vs USA conflict) -non-organized (not seen in the international agreement previously; more instant and rapid; the only limit is international law; each state decides what to do itself). 3 kinds: a) psychological sanctions (propaganda); b) reactions of the international community (judgements; if the state is known for tourism - make people stop going there; stop goods trading; media campaign); c) retaliation (doing the same thing that another state did to us before BUT law is a limit; acting by retortions (1 action=1 answer) and reprisals (when the 1st action was illegal and the "revenge" answer is the same but the answer is legal since it is a defence measure ) or diplomatic expelling.
Border river and thalweg.
Some political borders have been formalized along natural borders formed by rivers. Some examples are: the Niagara River (Canada-USA), the Rio Grande (Mexico-USA), the Rhine (France-Germany) Under international law, a thalweg is the middle of the primary navigable channel of a waterway that defines the boundary line between states.
. Advisory opinion of International Court of Justice.
States alone are entitled to appear before the ICJ. THat's why the advisory opinion is aimed at international public organizations. Firstly a written request to receive an advisory opinion has to be lodged. Secondly states that are probably going to be involved in the procedure because they will be somehow affected by it will be notified/"gathered" Thirdly, when the ICJ issues its advisory opinion, while having no binding force in most cases, it carries "great legal weight and moral authority" and contributes to the clarification of International Law as such.
Who may become the dean of diplomatic corps? Tradition and other possibilities.
The Dean or doyen is the senior diplomatic representative of the diplomatic corps who has served the longest in the state. Seniority depends on the date of arrival in the capital coupled with the official presentation of credentials. The duties are chiefly ceremonial in nature. In most countries, the longest-serving ambassador to a country is given the title Dean of the Diplomatic Corps (French: Doyen du Corps Diplomatique). The dean is often accorded a high position in the order of precedence. In New Zealand, for example, the dean takes precedence over figures such as the deputy prime minister and former governors-general. In many countries that have Roman Catholicism as the official or dominant religion, the apostolic nuncio (the diplomatic representative of the Holy See) serves as Dean by virtue of his office, regardless of seniority; in other cases, the nuncio is treated as an ordinary ambassador of the Holy See and has no special precedence. The Congress of Vienna and the Vienna Convention on Diplomatic Relations provided that any country may choose to give nuncios a different precedence than other ambassadors. The diplomatic corps may also cooperate amongst itself on a number of matters, including certain dealings with the host government. In practical terms, the dean of the diplomatic corps may have a role to play in negotiating with local authorities regarding the application of aspects of the Vienna Convention on Diplomatic Relations and diplomatic immunity, such as the payment of certain fees or taxes, since the receiving country is required "not to discriminate between states". In this sense, the dean has the role of representing the entire diplomatic corps for matters that affect the corps as a whole, although this function is rarely formalized.
. What do you know about International Court of Justice in the Hague?
The International Court of Justice (abbreviated ICJ) is the principal judicial organ of the United Nations (UN). It settles legal disputes between member states and gives advisory opinions to authorized UN organs and specialized agencies. It comprises a panel of 15 judges elected by the General Assembly and Security Council for nine-year terms. It is seated in the Peace Palace in The Hague, Netherlands
What are the competences of the International Court of Justice?
The International Court of Justice has jurisdiction in two types of cases: contentious cases between states in which the court produces binding rulings between states that agree, or have previously agreed, to submit to the ruling of the court; and advisory opinions, which provide reasoned, but non-binding, rulings on properly submitted questions of international law, usually at the request of the United Nations General Assembly.
Describe the process of initiation of diplomatic relations between states. (Couldn't find any step by step info)
The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent. The sending State must make certain that the agrément of the receiving State has been given for the person it proposes to accredit as head of the mission to that State. The sending State may, after it has given due notification to the receiving States concerned, accredit a head of mission or assign any member of the diplomatic staff, as the case may be, to more than one State, unless there is express objection by any of the receiving States.
What are the limitations for the jurisdiction immunity of a diplomatic representative?
The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State. A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except: (a) Indirect taxes of a kind which are normally incorporated in the price of goods or services; (b) Dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; (c) Estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of article 39; (d) Dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State; (e) Charges levied for specific services rendered; (f) Registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of article 23. The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving State. Such inspection shall be conducted only in the presence of the diplomatic agent or of his authorized representative.
Tribunal of Justice in Luxembourg and European Court on Human Rights. What are relations between them? Are there any?
The relationship between the European Court of Justice (ECJ) and European Court of Human Rights (ECtHR) is an issue in European Union law and human rights law. The ECJ rules on European Union (EU) law while the ECtHR rules on the European Convention on Human Rights (ECHR), which covers the 47 member states of the Council of Europe. Cases cannot be brought in the ECtHR against the European Union, but the Court has ruled that states cannot escape their human rights obligations by saying that they were implementing EU law
What is the principle uti possidetis and why it appeared in PIL?
Uti possidetis juris is a principle of customary international law that serves to preserve the boundaries of colonies emerging as States. Originally applied to establish the boundaries of decolonized territories in Latin America, UPJ has become a rule of wider application, notably in Africa.
What are the legal reasons for relative invalidity of international treaties??
VIENNA CONVENTION ON THE LAW OF TREATIES 1969 Error 1. A State may invoke an error in a treaty as invalidating its consent to be bound by the treaty if the error relates to a fact or situation which was assumed by that State to exist at the time when the treaty was concluded and formed an essential basis of its consent to be bound by the treaty. 2. Paragraph 1 shall not apply if the State in question contributed by its own conduct to the error or if the circumstances were such as to put that State on notice of a possible error. 3. An error relating only to the wording of the text of a treaty does not affect its validity; article 79 then applies. Fraud If a State has been induced to conclude a treaty by the fraudulent conduct of another negotiating State, the State may invoke the fraud as invalidating its consent to be bound by the treaty. Corruption of a representative of a State If the expression of a State's consent to be bound by a treaty has been procured through the corruption of its representative directly or indirectly by another negotiating State, the State may invoke such corruption as invalidating its consent to be bound by the treaty. Coercion of a State by the threat or use of force A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations. Treaties conflicting with a peremptory norm of general international law (jus cogens) A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.
What is the specific of archipelagic state?
a) Archipelagic state is a state composed of groups of islands forming single unit with the islands and waters within the baselines as internal waters. b) Example of archipelagic state: Fidji, Indonesia, Papua New Guinea, the Bahamas and the Philippines. c) Archipelagic doctrine: an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the state, and are subject to its exclusive sovereignty. d) approval of the UN e) implies: for example recognition of traditional fishing rights
How do you understand the principle of reciprocity in PIL?
favours, benefits, or penalties that are being granted to a state or its citizens by another state should be returned as such
