International Law Midterm

FPIC

- Free, Prior and Informed Consent (FPIC) is a specific right that pertains to indigenous peoples and is recognised in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It allows them to give or withhold consent to a project that may affect them or their territories.

Humanitarian Intervention

- Humanitarian Intervention has been defined as a state's use of military force against another state, with publicly stating its goal is to end human rights violations in that state.

Precedent

- In common law legal systems, a precedent or authority is a legal case that establishes a principle or rule. This principle or rule is then used by the court or other judicial bodies use when deciding later cases with similar issues or facts.

Polluter Pays

- In environmental law, the polluter pays principle is enacted to make the party responsible for producing pollution responsible for paying for the damage done to the natural environment

Forced Disappearances

- In international human rights law, a forced disappearance (or enforced disappearance) occurs when a person is secretly abducted or imprisoned by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organization, followed by a refusal to acknowledge the person's fate and whereabouts, with the intent of placing the victim outside the protection of the law

Anarchy

- In international relations theory, anarchy is the idea that the world lacks any supreme authority or sovereign. In an anarchic state, there is no hierarchically superior, coercive power that can resolve disputes, enforce law, or order the system of international politics.

Comity

- In law, comity is "a practice among different political entities" involving the "mutual recognition of legislative, executive, and judicial acts.

UN Charter Article 55

"With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:a. higher standards of living, full employment, and conditions of economic and social progress and development;b. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; andc. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion

Pacta Sunt Servanda

- (Latin for "agreements must be kept"[1]), a brocard, is a basic principle of civil law, canon law, and international law. In its most common sense, the principle refers to private contracts, stressing that contained clauses are law between the parties, and implies that nonfulfillment of respective obligations is a breach of the pact. The maxim first appears in the writings of the canonist Cardinal Hostiensis, written in the 13th century but published in the 16th.[2]

State

- A state is a polity that is typically established as a centralized organisation. There is no undisputed definition of a state. Max Weber's definition of a state as a polity that maintains a monopoly on the use of violence is widely used, as are many others

Common Article 3

- Article 3 offers an international minimum protection to persons taking no active part in hostilities, including members of armed forces in certain situations specifically stated in the article. Humane and non-discriminatory treatment are two important protections offered under this provision.

Treaty

- Binding agreement -A treaty is a formal written agreement entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms

Dualism

- Dualism. Dualists emphasize the difference between national and international law, and require the translation of the latter into the former. Without this translation, international law does not exist as law. International law has to be national law as well, or it is no law at all.

Peace of Westphalia

- European settlements of 1648, which brought to an end the Eighty Years' War between Spain and the Dutch and the German phase of the Thirty Years' War. -Under the terms of the peace settlement, a number of countries received territories or were confirmed in their sovereignty over territories. The territorial clauses all favoured Sweden, France, and their allies.

Jus in Bello

- International humanitarian law, or jus in bello, is the law that governs the way in which warfare is conducted. IHL is purely humanitarian, seeking to limit the suffering caused. It is independent from questions about the justification or reasons for war, or its prevention, covered by jus ad bellum.

Jus ad bellum

- Jus ad bellum is a set of criteria that are to be consulted before engaging in war in order to determine whether entering into war is permissible, that is, whether it is a just war

Jus Cogens

- Jus cogens (or ius cogens) is a latin phrase that literally means "compelling law." It designates norms from which no derogation is permitted by way of particular agreements.

Just War

- Just war theory is a doctrine, also referred to as a tradition, of military ethics studied by military leaders, theologians, ethicists and policy makers. The purpose of the doctrine is to ensure war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just

NGO

- Non-governmental organizations - commonly referred to as NGOs, are usually non-profit independent of governments, many are active in humanitarian or social areas, however, NGOs can also be as lobby groups for corporations, such as the World Economic Forum.

Public International Law

- Public international law is the body of rules that is legally binding on States and international organizations in their interactions with other States, international organizations, individuals, and other entities.

Sovereignty

- Sovereignty is the full right and power of a governing body over itself, without any interference from outside sources or bodies. In political theory, sovereignty is a substantive term designating supreme authority over some polity.

Just following Orders Defense

- Superior orders, often known as the Nuremberg defense, lawful orders, just following orders, or by the German phrase Befehl ist Befehl ("an order is an order"), is a plea in a court of law that a person—whether a member of the military, law enforcement, a firefighting force, or the civilian population—not be held guilty for actions ordered by a superior officer or an official

Geneva conventions

- The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for humanitarian treatment in war in the aftermath of the Second World War (1939-1945), which updated the terms of the two 1929 treaties, and added two new conventions. The Geneva Conventions extensively defined the basic rights of wartime prisoners (civilians and military personnel), established protections for the wounded and sick, and established protections for the civilians in and around a war-zone. The treaties of 1949 were ratified, in whole or with reservations, by 196 countries.[1] Moreover, the Geneva Convention also defines the rights and protections afforded to non-combatants, yet, because the Geneva Conventions are about people in war, the articles POWs - A prisoner of war is a person, whether a combatant or a non-combatant, who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.

Nuremberg Trials

- The Influence of the Nuremberg Trial on International Criminal Law. The Nuremberg trials established that all of humanity would be guarded by an international legal shield and that even a Head of State would be held criminally responsible and punished for aggression and Crimes Against Humanity.

PCIJ

- The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached to the League of Nations

UDHR

- The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, it set out, for the first time, fundamental human rights to be universally protected.

Caroline incident and doctrine

- The principle states that the necessity for [self-defense] must be "instant, overwhelming, and leaving no choice of means, and no moment for deliberation", as formulated by Daniel Webster in his response to British claims that they attacked the Caroline in self-defense.

Anticipatory Self Defense

- The purpose of this article is to present the notion of anticipatory. self-defence, which is the use of force by a state to repel an attacker. before an actual attack has taken place, before the army of the enemy. has crossed its border, and before the bombs of the enemy fall upon. its territory.

General Principles of IL

- The scope of general principles of law, to which Article 38(1) of the Statute of the ICJ refers, is unclear and controversial but may include such legal principles that are common to a large number of systems of municipal law. Given the limits of treaties or custom as sources of international law, Article 38(1) may be looked upon as a directive to the Court to fill any gap in the law and prevent a nonliquet by reference to the general principles.

Treaty Reservations and Understandings

- This means that a portion of the treaty does not apply to the "reserving" party. A party may also "understand" or declare that a portion of a treaty means a particular thing.

Universal Jurisdiction

- Universal jurisdiction allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation with the prosecuting entity.

Unlawful Combatants

- Unlawful combatant, illegal combatant, unprivileged combatant/belligerent or enemy combatant are informal terms used to refer to a person who directly engages in armed conflict in violation of the laws of war or is fighting outside of internationally recognized military forces.

Non-State Actors

- an individual or organization that has significant political influence but is not allied to any particular country or state.

Attribution Doctrines of attribution

- are legal doctrines by which liability is extended to a defendant who did not actually commit the criminal act. Examples include vicarious liability, attempt to commit a crime, and conspiracy to commit a crime

Self Defense

- in international law refers to the inherent right of a State to use of force in response to an armed attack. Self-defense is one of the exceptions to the prohibition against use of force under article 2(4) of the UN Charter and customary international law.

Nicaragua vs US

- is a public international law case decided by the International Court of Justice (ICJ). The ICJ ruled in favor of Nicaragua and against the United States and awarded reparations to Nicaragua. The ICJ held that the U.S. had violated international law by supporting the Contras in their rebellion against the Nicaraguan government and by mining Nicaragua's harbors.

Security Council

- is one of the six principal organs of the United Nations (UN),[1] charged with ensuring international peace and security,[2] accepting new members to the United Nations[3] and approving any changes to its charter.[4] Its powers include the establishment of peacekeeping operations and international sanctions as well as the authorization of military actions through resolutions - it is the only body of the United Nations with the authority to issue binding resolutions to member states. The council held its first session on 17 January 1946.lThe Security Council consists of fifteen members.[5] The great powers that were the victors of World War II - the Soviet Union (now represented by Russia), the United Kingdom, France, Republic of China (now represented by the People's Republic of China), and the United States - serve as the body's five permanent members. These can veto any substantive resolution,

Torture

- is the act of deliberately inflicting severe physical or psychological suffering on someone by another as a punishment or in order to fulfill some desire of the torturer or force some action from the victim. Torture, by definition, is a knowing and intentional act; deeds which unknowingly or negligently inflict suffering or pain, without a specific intent to do so, are not typically considered torture.

General Assembly

All 193 Member States of the Organization are represented in the General Assembly - one of the six main organs of the UN - to discuss and work together on a wide array of international issues covered by the Charter of the United Nations, such as development, peace and security, international law

UN Charter Article 56

All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55

IGO

An intergovernmental organization or international organization is an organization composed primarily of sovereign states, or of other intergovernmental organizations. IGOs are established by a treaty that acts as a charter creating the group

Draft Articles on State Responsibility 11

Breach consisting of a composite act 1. The breach of an international obligation by a State through a series of actions or omissions defined in aggregate as wrongful occurs when the action or omission occurs which, taken with the other actions or omissions, is sufficient to constitute the wrongful act. 2. In such a case, the breach extends over the entire period starting with the first of the actions or omissions of the series and lasts for as long as these actions or omissions are repeated and remain not in conformity with the international obligation.

Draft Articles on State Responsibility 4

Conduct of organs of a State 1. The conduct of any State organ shall be considered an act of that State under international law, whether the organ exercises legislative, executive, judicial or any other functions, whatever position it holds in the organization of the State, and whatever its character as an organ of the central Government or of a territorial unit of the State. 2. An organ includes any person or entity which has that status

Draft Articles on State Responsibility 6

Conduct of organs placed at the disposal of a State by another State The conduct of an organ placed at the disposal of a State by another State shall be considered an act of the former State under international law if the organ is acting in the exercise of elements of the governmental authority of the State at whose disposal it is placed.

Clean Hands Doctrine

Clean hands, sometimes called the clean hands doctrine or the dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complain

Draft Articles on State Responsibility 8

Conduct directed or controlled by a State The conduct of a person or group of persons shall be considered an act of a State under international law if the person or group of persons is in fact acting on the instructions of, or under the direction or control of, that State in carrying out the conduct.

Draft Articles on State Responsibility 5

Conduct of persons or entities exercising elements of governmental authority The conduct of a person or entity which is not an organ of the State under article 4 but which is empowered by the law of that State to exercise elements of the governmental authority shall be considered an act of the State under international law, provided the person or entity

Rome Statute 7

Crimes against humanity 1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:(a) Murder;(b) Extermination;(c) Enslavement;(d) Deportation or forcible transfer of population;(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;(f)Torture;(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;(i) Enforced disappearance of persons;(j) The crime of apartheid;(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

Rome Statute 5

Crimes within the jurisdiction of the Court 1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; (d) The crime of aggression.

Erga Omnes

Laws Above all others Hanious Crimes Genocide ect.

Draft Articles on State Responsibility 2

Elements of an internationally wrongful act of a State There is an internationally wrongful act of a State when conduct consisting of an action or omission: (a) is attributable to the State under international law; and (b) constitutes a b

Referred Jurisdiction

Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter.

Referred Jurisdiction

Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states,territorial sovereignty and non-intervention.[1] This raises the question of when can a states prescribe or enforce jurisdiction

Rome Statute 6

Genocide For the purpose of this Statute, "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group ;(b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.

Genocide

Genocide is defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (1948) as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, 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 its physical destruction in whole or in part1 ; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group."

Human Rights

Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.

Forced Disappearances

In international human rights law, a forced disappearance (or enforced disappearance) occurs when a person is secretly abducted or imprisoned by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organization, followed by a refusal to acknowledge the person's fate and whereabouts, with the intent of placing the victim outside the protection of the law.[1] -According to the Rome Statute of the International Criminal Court, which came into force on 1 July 2002, when committed as part of a widespread or systematic attack directed at any civilian population, a "forced disappearance" qualifies as a crime against humanity and, thus, is not subject to a statute of limitations. On 20 December 2006, the United Nations General Assembly adopted the International Convention for the Protection of All Persons from Enforced Disappearance.

UN charter Art 1

Outlines the purpose and principals of the United Nations

VCLT (Vienna Con on Law of Treaties) 26

PACTA SUNT SERVANDA" Every treaty in force is binding upon the parties to it and must be performed by them in good faith. A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.

Monism

Monists accept that the internal and international legal systems form a unity. Both national legal rules and international rules that a state has accepted, for example by way of a treaty, determine whether actions are legal or illegal.

UN Charter Article 51

Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations,

Roper v. Simmons, (2005)

SC - the Court concluded that the juvenile death penalty is unconstitutional, affirming the Missouri Supreme Court's determination that juveniles as a class are ineligible to receive capital punishment under any circumstances.

Highly Qualified Publicists

Some books, articles and commentary by experts might be deemed to be "the teachings of the most highly qualified publicists. For a discussion of factors that might be used for making this determination, International Legal Research in a Global Community,

ICJ Article 65

The Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request.

R2P -

The Responsibility to Protect (R2P or RtoP) is a global political commitment which was endorsed by all member states of the United Nations at the 2005 World Summit in order to address its four key concerns to prevent genocide, war crimes, ethnic cleansing and crimes against humanity.

UNDRIP -

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is an international instrument adopted by the United Nations on September 13, 2007, to enshrine (according to Article 43) the rights that "constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples

Customary International Law

The Widespread and consistent practice done out of the sense of legal obligation opino Juris

Group Rights

a right possessed by a group qua group rather than by its members severally. It contrasts with a right held by an individual person as an individual. An example of a commonly asserted group right is the right of a nation or a people to be self-determining.

State Responsibility - State responsibility.

The laws of state responsibility are the principles governing when and how a state is held responsible for a breach of an international obligation. ... Because of this generality, the rules can be studied independently of the primary rules of obligation.

State succession

a theory and practice in international relations regarding successor states. A successor state is a sovereign state over a territory and populace that was previously under the sovereignty of another state. The theory has its root in 19th-century diplomacy

Soft law vs Hard Law

The term soft law is used to denote agreements, principles and declarations that are not legally binding. ... Hard law refers generally to legal obligations that are binding on the parties involved and which can be legally enforced before a court.

Treaty Bodies

Treaty Bodies are international committees of independent experts who monitor States parties' implementation of the eight core human rights treaties and their optional protocols, based on reports from States Parties and information from non-governmental organisations (NGOs) and other relevant sources.

Sic Utere

Use your own property in such a way that you do not injure other people's: a maxim often used in cases of nuisance. It is misleading, since only an unreasonable interference with a neighbour's property is actionable as a nuisance.

Rome Statute 8

War crimes 1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes. 17 - Article 17 of the Rome Statute states that the admissibility inquiry encompasses both complementarity (requiring that the Court act only in the face of domestic inaction or unwillingness or incapacity to act) and gravity.

Compulsory Jurisdiction

a jurisdiction existing by force of law over a person2: a mandatory jurisdiction that a state has agreed to accept in certain prescribed matters

Crimes Against Humanity

consist of various acts—murder, extermination, enslavement, torture, forcible transfers of populations, imprisonment, rape, persecution, enforced disappearance, and apartheid, among others—when, according to the ICC , those are "committed as part of a widespread or systematic attack directed against any civilian population." The term also has a broader use in condemning other acts that, in a phrase often used, "shock the conscience of mankind." World poverty, human-made environmental disasters, and terrorist attacks have thus been described as crimes against humanity

Trail Smelter Arbitration

dispute was a trans-boundary pollution case involving the federal governments of both Canada and the United States, which eventually contributed to establishing the Harm principle in the environmental law of transboundary pollution.

Supremacy Clause - The Supremacy Clause of the Constitution of the United States

establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.

Act of State Doctrine

foreign act of state doctrine is a principle in English and United States law which states that every sovereign state is bound to respect the independence of every other sovereign state, and the courts will not sit in judgment of another government's acts or act of any sovereign national done within its own territory

Sovereign immunity - Sovereign immunity

is a judicial doctrine that prevents the government or its political subdivisions, departments, and agencies from being sued without its consent. The doctrine stems from the ancient English principle that the monarch can do no wrong.

Common Bur Differentiated Responsibililties

is a principle within the United Nations Framework Convention on Climate Change (UNFCCC) that acknowledges the different capabilities and differing responsibilities of individual countries in addressing climate change.

State secession

is a theory and practice in international relations regarding successor states. A successor state is a sovereign state over a territory and populace that was previously under the sovereignty of another state. The theory has its root in 19th-century diplomacy.

Corporate Social Responsibility

is a type of international private business self-regulation that aims to contribute to societal goals of a philanthropic, activist, or charitable nature or by engage in or support volunteering or ethically-oriented practices

ICC - The International Criminal Court (ICC or ICCt)

is an intergovernmental organization and international tribunal that sits in The Hague, Netherlands. The ICC has jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and crimes of aggression.

Internalization - The internalization of international law

is defined as "the process by which nations incorporate international law concepts into domestic practice." ... Internalization can also refer to the incorporation of broader international norms, whether or not codified in written form, into the normative structure of the state.

Private International Law

is the body of conventions, model laws, national laws, legal guides, and other documents and instruments that regulate private relationships across national borders.

Cultural Relativism

is the idea that a person's beliefs, values, and practices should be understood based on that person's own culture, rather than be judged against the criteria of another.

Sustainable Development

is the organizing principle for meeting human development goals while simultaneously sustaining the ability of natural systems to provide the natural resources and ecosystem services based upon which the economy and society depend. The desired result is a state of society where living conditions and resources are used to continue to meet human needs without undermining the integrity and stability of the natural system. Sustainable development can be defined as development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

ICJ- The International Court of Justice (ICJ)

is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands).

VCLT (Vienna Con on Law of Treaties) 18

of the 1969 Vienna Convention on the Law of Treaties, a State which has signed or ratified a treaty has the obligation to refrain from acts which would defeat the object and purpose of that treaty prior to its entry into force.

ICJ Article 38

of the ICJ statute defines what sources of law the court shall apply during the proceeding

Universalism - Universalism

refers to the notion that human rights are universal and should apply to every human being. Cultural Relativists object, and argue that human rights are culturally dependent, and that no moral principles can be made to apply to all cultures.

ICJ Article 36

the jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.

Precautionary Principle

the principle that the introduction of a new product or process whose ultimate effects are disputed or unknown should be resisted. It has mainly been used to prohibit the importation of genetically modified organisms and food.

Self-Determination

the process by which a country determines its own statehood and forms its own allegiances and government. "the changes cannot be made until the country's right to self-determination is recognized"

The Paquete Habana

was a landmark decision of the United States Supreme Court concerning the applicability and recognition of international law by the United States. The Court held that the capture of fishing vessels as prizes of war violated customary international law, which is integrated with U.S. law and binding as such.[1] Paquete Habana influenced subsequent court decisions that incorporated international law regarding other matters.[2] The case is also notable for citing a wide breadth of historical and international sources, including jurists from around the world and foreign state practices going back centuries

Nuremberg Trials - The Nuremberg trials (German: Nürnberger Prozesse)

were a series of military tribunals held after World War II by the Allied forces under international law and the laws of war. The trials were most notable for the prosecution of prominent members of the political, military, judicial, and economic leadership of Nazi Germany, who planned, carried out, or otherwise participated in the Holocaust and other war crimes. The trials were held in Nuremberg, Germany, and their decisions marked a turning point between classical and contemporary international law.