15: International Public Law & Dispute Resolution

Reservations

A caveat to a State's acceptance of a treaty where the State accepts only part of the treaty - it claims to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State. 1: 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. 2: States cannot take reservations after they have accepted the treaty; a reservation must be made at the time that the treaty affects the State.

World Bank Group

A family of five international organisations that make leveraged loans to developing countries -- the bank's stated mission is to achieve the twin goals of ending extreme poverty and building shared prosperity. (1) International Bank for Reconstruction and Development (IBRD) (2) the International Development Association (IDA) (3) the International Finance Corporation (IFC) (4) the Multilateral Investment Guarantee Agency (MIGA) (5) International Centre for Settlement of Investment Disputes (ICSID)

Law of war

A legal term that refers to the aspect of public international law concerning acceptable justifications to engage in war (jus ad bellum) and the limits to acceptable wartime conduct (jus in bello or International humanitarian law).

Most favoured nation

A status or level of treatment accorded by one state to another in international trade. The term means the country which is the recipient of this treatment must, nominally, receive equal trade advantages as the "most favoured nation" by the country granting such treatment (trade advantages include low tariffs or high import quotas); members of the World Trade Organization (WTO) agree to accord MFN status to each other.

1969 Vienna Convention on the Law of Treaties

A treaty from 1969 concerning the international law on treaties between states. Codified several bedrocks of contemporary international law and has become the authoritative guide on treaties - deals with interpretation, validity, creation and termination of treaties. *Defines treaty* Defines a treaty as an international agreement concluded between states in written form and governed by international law. *Every state has the right to treaties* Affirms that every state possesses the capacity to conclude treaties. *States determine treaty procedures* States determine their own treaty-making

Self-executing treaty

A treaty that becomes judicially enforceable upon ratification.

Non-self-executing treaty

A treaty which becomes judicially enforceable through the implementation of legislation.

State practice

A widespread repetition by a state of similar international acts (practice) over time. One of two elements (along with opinio juris) necessary for establishing a legally binding customary law. *Physical + verbal acts* Both physical and verbal acts of States constitute practice that contributes to the creation of customary international law. Physical acts include, for example, battlefield behaviour, the use of certain weapons and the treatment provided to different categories of persons. Verbal acts include military manuals, national legislation, national case-law, instructions to armed and security forces. 1: The practice must be constant and uniform. 2: The practice must exist for a long period of time. 3: The practice must be general and widely accepted.

Treaty

An agreement under international law entered into by actors in international law, namely sovereign states and international organisations. *Treaties = contracts* Treaties can be loosely compared to contracts - both are means of willing parties assuming obligations among themselves, and a party to either that fails to live up to their obligations can be held liable under international law.

Space law

An area of the law that encompasses national and international law governing activities in outer space.

Article 38

An article in the statute of international court of justice regarding the sources of international law. States that content of international law shall be found in. *Conventions* International conventions, whether general or particular, establishing rules expressly recognized by the contesting states. *Customs* International custom, as evidence of a general practice accepted as law. *General principles* The general principles of law recognized Hi civilized nations. *Case law* Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

United Nations

An intergovernmental organisation established in 1945 to promote international co-operation. A replacement for the ineffective League of Nations, the organisation was created following the Second World War to prevent another such conflict; at its founding, the UN had 51 member states; there are now 193. *Organs* 1: General Assembly (the main deliberative assembly) 2: Security Council (for deciding certain resolutions for peace and security) 3: Economic and Social Council (ECOSOC) (for promoting international economic and social co-operation and development) 4: The Secretariat (for providing studies, information, and facilities needed by the UN) 5: International Court of Justice (the primary judicial organ) *International peace, economic prosperity* The organization is financed by assessed and voluntary contributions from its member states. Its objectives include maintaining international peace and security, promoting human rights, fostering social and economic development, protecting the environment, and providing humanitarian aid in cases of famine, natural disaster, and armed conflict.

World Trade Organisation

An intergovernmental organisation formed in 1995 which regulates international trade. Deals with regulation of trade between participating countries by providing a framework for negotiating trade agreements and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements, which are signed by representatives of member governments and ratified by their parliaments. Signed by 123 nations under the Marrakech Agreement replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948.

World Bank

An international financial institution that provides loans to developing countries for capital programs. 1: International Bank for Reconstruction and Development (IBRD). 2: International Development Association (IDA). The World Bank is a component of the World Bank Group, and a member of the United Nations Development Group; official goal is the reduction of poverty -- all its decisions must be guided by a commitment to the promotion of foreign investment and international trade and to the facilitation of capital investment.

Convention on the high seas

An international treaty created to codify the rules of international law relating to the high seas, otherwise known as international waters.

Jus cogens

Certain fundamental, overriding norms (peremptory norms) of international law, from which no derogation is ever permitted. "Norms that have been accepted by the international community of the states as a whole to which derogation is not possible" It is generally accepted that these principles include the prohibition of genocide, maritime piracy, slaving in general (to include slavery as well as the slave trade), torture, non-refoulement and wars of aggression and territorial aggrandisement (increasing/grabbing territory).

European Free Trade Association

EFTA: A common market consisting of four European countries that operates in parallel with - and is linked to - the European Union. Established in 1960 as a trade bloc-alternative for European states who were either unable or unwilling to join the then-European Economic Community (EEC) which has now become the EU; today's EFTA members are Iceland, Liechtenstein, Norway, and Switzerland.

1947 General Agreement on Tariffs and Trade

GATT: A multilateral agreement from 1947 that regulated international trade. Its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis"; GATT was signed by 23 nations in 1947 and lasted until the signature by 123 nations in Marrakesh in 1994 which established the WTO.

International Monetary Fund

IMF: An international organisation of 188 countries working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world. Countries contribute funds to a pool through a quota system from which countries with payment imbalances can borrow. Through this fund, and other activities such as statistics keeping and analysis, surveillance of its members' economies and the demand for self-correcting policies, the IMF works to improve the economies of its member countries. 1: To promote international economic cooperation, international trade, employment, and exchange-rate stability. 2: Making financial resources available to member countries to meet balance-of-payments needs.

Customary international law

International law arising from state practice as opposed written international treaties. *Consistent practice* Results from a general and consistent practice of states that they follow from a sense of legal obligation. Customary international law can be established by showing (1) state practice and (2) opinio juris.

Erga omnes obligation

Obligations owed by states towards the international community of states as a whole without distinctions. *Benefits all* This obligation exists because of the universal and undeniable interest in the perpetuation of critical rights (and the prevention of their breach); consequently, any state has the right to complain of a breach; examples of these norms include piracy and genocide.

Intergovernmental organisations

Organisations composed primarily of sovereign states established by treaty that acts as a charter creating the group. *Created by treaties* Treaties are formed when lawful representatives (governments) of several states go through a ratification process, providing the IGO with an international legal personality. 1: In a legal sense, these should be distinguished from simple groupings or coalitions of states, such as the G8 (such groups or associations have not been founded by a constituent document and exist only as task groups). 2: They must also be distinguished from treaties - many treaties (GATT) do not establish an organisation and instead rely purely on the parties for their administration becoming legally recognised as an ad hoc commission.

General principles

Principles of law that are found in almost every national legal system and are necessary for the well-functioning of these systems. *Filling gaps* These principles have been added to fill gaps that treaties and customary law fails to fill: unjust enrichment is a general principle of law and has hence become a part of international law.

United Nations Development Programme

The UN's global development network. Advocates for change and connects countries to knowledge, experience and resources to help people build a better life; it provides expert advice, training, and grant support to developing countries, with increasing emphasis on assistance to the least developed countries (especially infrastructure).

Security Council

The UN security organ that is charged with peacekeeping missions and authorising military action through resolutions - it is the only UN body that can issue binding resolutions to its members. Veto power is granted to its five permanent members - Russia, UK, France, China, and the United States. 10-non permanent members change every 2 years. 1: The establishment of peacekeeping operations. 2: The establishment of international sanctions. 3: The authorisation of military action through Security Council resolutions.

Secretariat

The United Nations' executive arm which is comprised of an international staff working in duty stations around the world. The institution has an important role in setting the agenda for the UN's deliberative and decision making bodies of the UN (the General Assembly, Economic and Social Council, and Security Council), and the implementation of the decision of these bodies. 1: Administers peacekeeping operations and mediates international disputes. 2: Surveys economic and social trends and problems. 3: Prepares studies on human rights and sustainable development.

Opinio juris

The belief that an action was carried out because it was a legal obligation - that if they did not participate in this practice they are breaking international law. Opinio juris is one of two elements (along with state practice) necessary to establish a legally binding international customary law. *Opinio juris + practice = customary law* In international law, opinio juris is the subjective element which is used to judge whether the practice of a state is due to a belief that it is legally obliged to do a particular act - when opinio juris exists and is consistent with nearly all state practice, customary international law emerges. Opinio juris essentially means that states must act in compliance with the norm not merely out of convenience, habit, coincidence, or political expediency, but rather out of a sense of legal obligation

Public international law

The body of international law that concerns the the treaty relationships between the nations and persons which are considered the subjects of international law. Norms of public international laws have their source in: 1: Customary international law (consistent state practice accompanied by opinio juris). 2: Globally accepted standards of behaviour (jus cogens) 3: Codifications contained in conventional agreements, generally termed treaties.

Ratification

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 most democracies, the legislature authorises the government to ratify treaties through standard legislative procedures (i.e., passing a bill).

International humanitarian law

The law and treaties (Geneva) that regulates the conduct of armed conflict (jus in bello). *Protecting civilians* It is that branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants. It comprises "a set of rules, established by treaty or custom, that seeks to protect persons and property/objects that are (or may be) affected by armed conflict and limits the rights of parties to a conflict to use methods and means of warfare of their choice". Includes the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law.

General Assembly

The main policymaking and representative (193 states) organ of the UN. 1: Decisions on important questions, such as those on peace and security, admission of new members and budgetary matters, require a two-thirds majority. 2: Decisions on other questions are by simple majority; (each country has one vote). Its powers are to oversee the budget of the United Nations, appoint the non-permanent members to the Security Council, receive reports from other parts of the United Nations and make recommendations in the form of General Assembly Resolutions.

Veto

The power (used by an officer of the state, for example) to unilaterally stop an official action, especially the enactment of legislation. It can be limited, as in the legislative process of the United States, where a two-thirds vote in both the House and Senate may override a Presidential veto of legislation.

International Court of Justice

The primary judicial branch of the UN. It is based in the Hague and consists of 15 judges. 1: Settles legal disputes submitted to it by states. 2: Provides advisory opinions on legal questions submitted to it by duly authorised international branches, agencies, and the UN General Assembly.

International law

The set of rules generally regarded and accepted as binding in relations between states and between nations. *Consent-based* International law serves as a framework for the practice of stable and organised international relations (Geneva convention). Much of international law is consent-based, however, meaning that a state member of the international community is not obliged to abide by this type of international law. *Countries, not citizens* International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as International Criminal Court.

Power of veto

The veto power wielded solely by the five permanent members of the United Nations Security Council (China, France, Russia, United Kingdom, and United States), enabling them to prevent the adoption of any "substantive" resolution, as well as decide which issues fall under "substantive" title. The veto is exercised when any permanent member—the so-called "P5"—casts a "negative" vote on a "substantive" draft resolution; abstention or absence from the vote by a permanent member does not prevent a draft resolution from being adopted.

Economic and Social Council

UN organ responsible for coordinating the economic, social and and humanitarian work of the organisation. 54 members, where 1/3 are renewed every year by the General Assembly - members are elected for a total of 3 years. Serves as the central forum for discussing international economic and social issues, and for formulating policy recommendations addressed to member states and the United Nations system; a number of non-governmental organizations are granted consultative status to the Council in order to participate in the work of the United Nations

United Nations Commission on International Trade Law

UNCITRAL: A UN commission on international trade law that formulates and regulates international trade to promote the progressive harmonisation and unification of international trade law. 1: Conventions, model laws and rules which are acceptable worldwide. 2: Legal and legislative guides and recommendations of great practical value. 3: Updated information on case law and enactments of uniform commercial law. 4: Technical assistance in law reform projects Regional and national seminars on uniform commercial law.

United Nations Conference on Trade and Development

UNCTAD: The principal organ of the United Nations General Assembly dealing with trade, investment, and development issues. 1: Maximise the trade, investment and development opportunities of developing countries. 2: Assist them in their efforts to integrate into the world economy on an equitable basis.