International Law
Treaty law is codified in _____________.
the Vienna Convention on the Law of Treaties (1969)
It is the UNSC's responsibility to determine _________ and prescribe _________.
the existence of a threat; military and nonmilitary remedies
What was the ICJ's basis for allowing Norway to use straight baselines along the outermost parts of its coast?
the fact that this had been practiced for many years without objections from other states
Who two categories of people are included in the term "diplomats"?
the head of a diplomatic mission and the diplomatic staff
The diplomatic missions consists of _______, _________, and _______.
the head of the mission, non-diplomatic and diplomatic staff, the physical premises
What is the "theory of functional necessity" as it relates to immunity?
the idea that the justification for granting immunities to diplomatic agents is based on the need to enable normal functioning of diplomatic missions and diplomats
What is the main component of genocide?
the intent to commit it
The status of individuals in international law is closely bound up with the idea of _______.
the international protection of human rights
Territory consists of __________.
the land as well as the air and earth beneath it and certain waters
What is the fundamental principle of the law of the sea?
the land dominates the sea
What does "the land dominates the sea" mean?
the land territorial situation is the starting point for the determination of the maritime rights of a coastal state
What DOESN'T happen when a state withdraws consent to a law?
the law is not invalidated; the state is merely placed in breach of its obligations
Diplomats have complete immunity from ________ of the receiving state.
the legal system
What are baselines?
the lines from which the seaward limits of a state's territorial sea are measured
What is nullum crimen, nulla poena sine lege?
the non-retroactivity of laws
What must a party be able to do when invoking regional custom?
the party relying on such acustom must prove that it is binding on the other party
What is cession?
the peaceful transfer of territory from one sovereign state to another
Article 41 provides for _________.
the possible application of non-military measures such as interruption of economic relations, severance of diplomatic relations, and so on.
Why is diplomatic law so well-followed by states?
the principle of reciprocity
What is the territoriality principle of jurisdiction?
the principle that states should be able to exercise jurisdiction over acts that have taken place on their own soil
What is ne bis in idem?
the prohibition on double jeopardy
What is state succession?
the replacement of one state or part of it by one or more new existing states in respect of sovereignty over a given territory?
What is an example of a reservation to a treaty?
the reservations the US made to the Convention on the Prevention and Punishment of the Crime of Genocide in 1986
What rights do detained persons have?
the right to be protected and treated humanely; to be treated without discrimination; to be protected against all acts of violence; to enjoy basic judicial guarantees
What is the persistent objector rule?
the rule that customary law is applicable to all states except those which have objected from the inception of the custom
What privileges do members of a diplomat's family enjoy?
the same privileges as the diplomat as specified within the Vienna Convention
The continental shelf includes what?
the seabed and subsoil of the submarine areas beyond the territorial sea and usually extending to the end of the EEZ
What are three reasons judicial decisions as a source of international law are problematic?
there is no clear hierarchy between different courts; the number of courts is growing; court practice itself may be contradictory
What does diplomatic law say about missions' means of transport?
they are immune
How to judicial decisions in international law differ from those in national law?
they are not usually binding
What are 7 characteristics of IGOs?
they are usually alliances of states; based on a treaty; created for achieving certain aims; permanent organs; limited international personalities; non-coercive organizations; limited passive and active legal capacities
What are law-making treaties?
they serve as normative agreements that prescribe rules of conduct to be followed
Why do international organizations have privileges and immunities?
to preserve their international character and immunity
Reservations must be _________.
transmitted to the international community
What are the three sources of the privileges and immunities for international organizations?
treaties, customary law, national law
What are the sources of international law, ranked from the most reliable to the least?
treaties, customary law,general principles of law, judicial decisions, and teachings of the most highly qualified publicists
Particular norms or principles of international law are envisioned as ______ or _______.
universal or regional
Particular norms or principles of international law are envisioned as _______ or ________.
universal or regional
What are treaty-contracts? What is an example of one?
usually between a small number of states and concern a specific topic (such as the Convention for the Suppression of Unlawful Seizure of Aircraft).
What kinds of weapons are prohibited in armed conflict?
weapons which cannot distinguish between civilians and combatants; weapons which can lead to long-term damage of the environment
Whether custom or treaty takes precedence depends on _________.
which one is later in time
What is a problematic with using the teachings of publicists as sources of international law?
who decides which publicists are "most highly qualified" and whether they are impartial and trustworthy?
What are retorsions?
"Unfriendly but lawful" acts such as the severance of diplomatic relations or the expulsion of aliens
Why has "war" been replaced by "armed conflict" in the legal context?
"armed conflict" captures a wider range of actions
What are the 6 ways in which a certain act may be attributed to a state?
(1) actions of organs of the state; (2) actions of people exercising governmental authority; (3) conduct of an organ placed at the disposal of a state by another state; (4) conduct of entities directed or controlled by a state; (5) conduct acknowledged by a state as its own; (6) the conduct of an insurrectional movement that is successful in either becoming the new government of a state or in establishing a new state
What are three principles that emerged out of the Peace of Westphalia?
(1) legal equality between sovereign states\n(2) the superiority of states and absence of a higher authority\n(3) prohibition on interfering in the affairs of other states
What are the two main functions of the ICJ?
(1) settle interstate legal disputes; (2) give advisory opinions
List four reasons that states tend to obey international law.
- Reciprocity: violating a norm of international law could bring long-termdisadvantages and discourage other states from respecting the rights of theviolator \n\n\n- Rewards: obeying international law can lead to positive benefits such as alliances\n\n\n- flexibility: int'l law is amenable to change \n\n\n- esteem: law is held in high esteem
What are three characteristics of the international legal system?
- horizontal nature\n- lack of a swift, comprehensive enforcement mechanism\n- absence of a supreme authority
What are John Austin's two principles of law?
- it must emanate from a sovereign, and \n- be backed by a sanction
What two ideas does the "law habit" represent?
- respect for the status of law; \n- non-interference of politics in law
What are 5 "fundamental principles" of international law?
- sovereignty; non-interference in internal affairs of other states; peaceful resolution of disputes; non-use of force or threats of force; right to self-determination
What is the maximum number of nautical miles that a state may extend its territorial sea?
12 nautical miles
How many current signatory states are there to the Rome Statute?
124
The ICJ has (number) judges.
15
In what year was the Peace of Westphalia concluded?
1648
When was the Peace of Westphalia concluded?
1648
In what document was inquiry first recommended as a means of dispute resolution?
1899 Hague Convention
_________ provides that states should avoid statelessness within their borders.
1961 Convention on the Reduction of Statelessness
The ______________ established that no territorial acquisition resulting from the use of force shall be recognized as legal.
1970 Declaration of Principles of International Law
What Articles of the UNC require peaceful means of dispute resolution?
2(3), 2(4)
The exclusive economic zone can extend ___ miles from the baseline.
200
The breadth of the contiguous zone may not exceed ___ miles from the baseline.
24
Article ___ of the UNC established that the SC shall determine the existence of any threat to the peace, breach of the peace or act of aggression and make recommendations as to what measures should be take to restore peace.
39
Article ___ of the UNC establishes that the SC may call upon the parties to comply with provisional measures in order to prevent escalation of a situation.
40
Article __ of the UNC provides for the possible application of non-military measures such as interruption of economic relations, severance of diplomatic relations, and so on.
41
Article ___ of the UNC allows the SC to prescribe actions using air, sea or land forces in order to restore international peace.
42
Which article of the UN Charter leaves states the ability to use individual or collective self-defense?
51
What are some ways in which succession may occur?
: two states can form one state, one state can form two, or part of one can become an independent country.
What happened in US v. Yunis?
A Lebanese national was apprehended in international waters by US agents for his alleged involvement in the hijacking of an airliner on which there were Americans
What is instant customary law?
A custom established by a single act
What is a reservation?
A declaration by which the state purports to exclude or alter the legal effect of certain provisions of a treaty in their application to that state
What are the four criteria for statehood laid out in the Montevideo Convention?
A permanent population; a defined territory; a government; the capacity to engage in relations with other states
Describe the requirement that a state must have a government.
A state should have some form of government or central control, or at least some coherent political structure. The government's de facto control over its territory is key here.
What is a "failed state"?
A state that has lost control over its territory; such states do not cease to be states
What is ratione personae (status immunity) and who has it?
Absolute immunity ex officio — for example, heads of state
What is the doctrine of absolute immunity?
According to it, all activities of the state were immune from foreign jurisdiction
What are reprisals?
Acts that are illegal in themselves but which may be excused as the situation permits if the acts were proportional to the offense committed
When did human rights arise as a branch of international law?
After WWII
When did the question of individuals and international law gain prominence?
After WWII.
When did the concept of "just war" lose its authority?
After the Peace of Westphalia in 1648
Which states have the capacity to conclude treaties?
All states
What case established that straight baselines could be used for the Norwegian coast?
Anglo-Norwegian Fisheries
What are some examples of satisfaction of an internationally wrongful act?
Apologizing, punishment of officials, admission of lawful character of an act
What document is the Arab system of human rights based on?
Arab Charter on Human Rights
__________ sets out the criteria for statehood.
Article 1 of the Montevideo Convention on Rights and Duties of States
What article of what document defines what a reservation is?
Article 2 of the Vienna Convention on the Law of Treaties (1969)
Which Article of the UN Charter prohibits the threat/use of force?
Article 2(4)
Municipal law cannot be used as a method of circumventing internationallaw, as established by ____________________.
Article 27 of the Vienna Convention on the Law of Treaties.
Which Article of which treaty establishes that a treaty cannot create obligations or rights for a third state without its consent?
Article 34 of Vienna Convention on the Law of Treaties
What article in what document establishes the sources of international law?
Article 38(1) of the Statute of the International Court of Justice
Which Article of the UN Charter provides for the UNSC's ability to authorize force?
Article 42
What article of the UN Charter provides for the right to self-defense?
Article 51
Which articles of what document explicitly state a diplomat's rights and privileges?
Articles 29-36 of the Vienna Convention on Diplomatic Relations
What organ exercises the main legislative and oversight functions in the ICC?
Assembly of State Parties
Why is the law-habit hard to transfer to international law?
Because states are responsible both for creating the law and interpreting it
What are the two types of internationally wrongful acts?
Breaches of obligations (requiring responsibility before specific injured states), breaches of jus cogens norms (responsibility before all states)
Where does the ICJ's Statute come from?
Chapter 14 of the UN Charter
What chapter of the UN Charter deals with peaceful settlement of disputes?
Chapter 6
What document first provided definitions of war crimes?
Charter of the International Military Tribunal
The _________ declared that states have the right to defend their "integrity and independence" even before recognition.
Charter of the Organisation of American States (1948)
What documents is the inter-American system of human rights based on?
Charter of the Organisation of American States, the American Declaration of the Rights and Duties of Man, and the American Convention on Human Rights
What are the three "generations" of human rights?
Civil and political rights; social, economic and cultural rights; collective solidarity rights
Diplomatic bags must be _______ and have ________.
Clearly marked; have an official seal
Who may request advisory opinions from the ECHR?
Committee of Ministers
Who supervises the execution of ECHR judgments?
Committee of Ministers
What are the three types of reparations?
Compensation; restitution; satisfaction
What was the first intergovernmental organization?
Congress of Vienna
What are the 6 circumstances that can preclude wrongfulness?
Consent; self-defense (in conformity with UN charter); counter-measures; force majeure; distress; necessity
The African system is based on which two documents?
Constitutive Act of the African Union and the African Charter on Human and People's Rights
The European human rights system is based on the ______.
Convention for the Protection of Human Rights and Fundamental Freedoms (1950)
In what document is the right of innocent passage established?
Convention of the Territorial Sea (1958)
The _____________ declared that members should submit disputes to arbitration or judicial settlements or inquiries.
Covenant of the League of Nations
What are de facto and de jure recognition?
De facto recognition implies some doubt in the longevity of the government on the side of the recognizing state. De jure recognition implies more confidence and is usually irrevocable.
What does it mean that immunity is "from suit, not liability"?
Diplomats are liable from brekaing the law but cannot be sued in the receiving state unless they submit to its jurisdiction
What document tells us what constitutes and internationally wrongful act?
Draft Articles on the Responsibility of States for Internationally Wrongful Acts
What document lays out some basic principles with regards to nationality and state succession?
European Convention on Nationality (1997)
What is the CPHRFF's enforcement mechanism?
European Court of Human Rights
What are the three types of jurisdiction (not principles)?
Executive; legislative; judicial
True or false: Once negotiations have been exhausted, a case can be referred to the ICJ.
False — but this may be a precursor for utilizing legally binding methods
What happened with Serbia and the UN (with regards to state succession)?
Federal Republic of Yugoslavia wanted to continue the Socialist Federal Republic of Yugoslavia's membership in the UN
What are some right the coastal state may exercise in the contiguous one?
Fiscal, customs, immigration, sanitary regulations
Who is responsible for ensuring that ships respect the law on the high seas?
Flag states of the ships
What is the significance of the Channel Tunnel?
French and British border authorities share territorial jurisdiction
Where are the immunities and privileges of the UN described?
General Convention on the Privileges and Immunities of the UN; Article 105 of the UNC
What document restricts attacks to military objectives?
Geneva Conventions
Who called into question the idea that the seas were capable of being subjected by sovereign states?
Grotius
Who are some highly influential publicists?
Grotius, Vattel, Pufendorf
What are two examples of treaties establishing quasi-universal jurisdiction?
Hague Convention for the Suppression of the Unlawful Seizure of Aircraft; International Convention on the Taking of Hostages
What documents codified humanitarian law?
Hague Conventions of 1899 and 1907
What are three characteristics of the international legal system?
Horizontal in nature No supreme legislative, judicial or executive power Lack of swift, comprehensive and universal system to enforce rules
What are examples of ad hoc criminal tribunals?
ICTY, ICTR
What document describes the conditions for diplomatic protection?
ILC Draft Articles on Diplomatic Protection?
Negotiations should always be _______.
In good faith
What kinds of organizations are subjects of international law?
Intergovernmental organizations
What are the five sea areas?
Internal waters, territorial sea, contiguous zone, exclusive economic zone, high seas
What is an NGO that *is* a subject of international law?
International Committee of the Red Cross
The _________ is the UN's primary judicial organ.
International Court of Justice
The ___________ was established after the ratification of the Rome Statute.
International Criminal Court
What are two documents that contain provisions for universal jurisdiction over grave breaches of the law?
International Military Tribunal of 1945, Geneva Conventions
Who manages activity in the deep seabed?
International Seabed Authority
What happened in Operation Opera?
Israel launched a surprise attack against an Iraqi nuclear reactor in anticipation of an attack; this action was rebuked by the UNSC
What is the US Alien Tort Claims Act?
It allows non-US citizens to sue for violations of the "law of nations" in US courts.
How does the ICJ put together advisory opinions?
It consults other entities
What is the basic utility of international law? Why is it useful?
It gives states a common language and a common vocabulary against the background of extreme diversity.
What is the universality principle?
It implies that a State can claim jurisdiction over certain crimes committed by any person anywhere in the world, without any required connection to territory, nationality or special State interest.
How does mediation differ from negotiation?
It involves the active participation of a neutral third party
What does international law say about extradition?
It is never compulsory but can only be forbidden if there is a specific treaty providing for that. Political offenders escaping prosecution are not normally extradited. Extradition is mostly based on bilateral treaty law.
Why is the EU the only true supranational organizational?
It is the only such organization with legislative and judicial powers
What are the two criteria for an internationally wrongful act?
It must be (1) attributable to the state under international law and (2) constitute a breach of the state's international obligations
What was the idea of "just war" and what happened to it?
It was based on the idea that force was permissible if itcomplied with the divine will. After the Peaceof Westphalia, the concept disappeared and no one state could claim to beable to judge whether another's cause was just or not.
When did arbitration in its modern form emerge and with what document?
Jay Treaty of 1794
__________ is usually credited with formulating the natural rights approach to human rights.
John Locke
What are the subsidiary sources of international law?
Judicial decisions, teachings of the most highly qualified publicists
________ refers to the laws governing the legitimate use of force.
Jus ad bellum
What are two birth-based forms of nationality acquisition?
Jus soli, jus sanguinis
What are the three forms in which a person may acquire nationality?
Jus soli, jus sanguinis, naturalization
Who formulated the "generations" of human rights?
Karel Vasak
The signatory states of the ______ after WWI promised not to use war to resolve disputes or conflicts of any nature.
Kellogg-Briand Pact
What are the two types of treaties?
Law-making and treaty-contracts
What are two principles of John Austin's theory of law?
Laws must be 1) Issued by a sovereign 2) Backed by a sanction in the case of a breach of law
What were the two most notable international institutions of the first half of the 20th century?
League of Nations; United Nations
_________ determines the scope and nature of a subject's position before the law.
Legal personality
Explain the difference between monism and dualism with relation to international law.
Monists accept a unitary vision ofthe law, while dualists stress thatinternational law and municipal law are separate from one another.
What are the 4 types of diplomatic dispute resolution methods?
Negotiations, mediation, inquiry, conciliation
What type of dispute settlement do states usually prefer and why?
Negotiations; states prefer them because they have more control and only they are involved
What case established that treaties do not replace customary law?
Nicaragua vs. US
Do both states have to commit to the cessation of diplomatic relations?
No
Do all international institutions automatically have international legal personality?
No; it must be inferred sometimes from the purposes of the organization and its practice
When was it acknowledged that individuals commit crimes, not abstract entities, and thus must be punished?
Nuremberg trials
Who may appear before the ICJ?
ONLY states
What is the subjective element of customary law?
Opinio juris
_______ refers to the belief by a state that behaved in a certain way that it was under a legal obligation to act in that way.
Opinio juris
__________ is the idea that all agreements are binding
Pacta sunt servanda
What kinds of crimes warranted individual responsibility in the past?
Piracy, slave trading
What is the difference between political and judicial disputes?
Political disputes are non-legal issues that are not necessarily solvable by legal norms and principles. Judicial disputes concern legal issues and can thus be settled by legal norms and principles as opposed to political compromises.
What is the difference between pre-emptive and preventive self-defense?
Pre-emptive self defense is a military action taken against an imminent attack; preventive self-defense is action taken against a threat which has not yet materialized
What is the constitutive theory of recognition?
Recognition is a precondition for the existence of a state
What are the two forms of recognition?
Recognition of states; recognition of governments
What is the declaratory theory of recognition?
Recognition simply declares the existence of a state but is not a precondition for its existence
Where did the ICJ rule that the UN needed international legal personality in order to achieve its purposes?
Reparation for the Injuries Suffered in the Service of the United Nations
What is involved in an inquiry?
Reputable observers ascertain the facts of a situation.
What can a state party do if none of the judges on the ICJ bench represent its nationality?
Request that an ad hoc judge be performed
What are the 3 remedies for internationally wrongful acts?
Retorsion; reprisals; self-defense
What rights does a coastal state have within the continental shelf?
Right to exploit living and non-living resources to the exclusion of other states
What is the best source of definitions of international crimes?
Rome Statute of the International Criminal Court
What is "soft law" and what are examples of it?
Soft law includes non-binding documents or provisions within treaties. UN General Assembly resolutions are a potent candidate for soft law. Declarations may also be considered a form of soft law.
What are the two approaches to granting legal personality to international organizations?
Some states grant them legal personality if they have legal personality under international law; other states, such as the UK, require specific legislation in order to grant it
What is the quasi-universal principle?
Sometimes a party is obliged to establish jurisdiction over certain types of offenses that happen on their territory or by one of their nationals abroad. "Aut dedere aut judicare" refers to the requirement of states to either prosecute or extradite individuals who have committed a particular offense.
What are some examples of special subjects of international law?
Sovereign Order of Malta; Holy See and Vatican City
What are the three ways in which a state can accept the ICJ's jurisdiction?
Special agreement; jurisdictional clause in a treaty; unilateral declaration of reciprocal effect (states declare their acceptance of ICJ's jurisdiction)
What are the two types of application to the European Court of Human Rights?
State against state, individual against state
What are the three principal categories (not types or principles) of immunity?
State immunity, Immunity of international organizations, diplomatic immunity
Customary law can be deduced from _______.
State practice
List the 4 main subjects of international law.
States, international organizations, individuals, special subjects
How are subjects with passive legal capacity different from those with active legal capacity?
Subjects with passive legal capacity can possess rights and obligations, but only those with active legal capacity can act on their own behalf
What happens with membership in international organizations with successor states?
Successor states do not succeed; one exception was Russia
What does jurisdictional immunity for international organizations entail?
Such organizations cannot be sued
After signing a treaty, states should not ____________.
Take actions which would violate the terms of the treaty
What are the six principles of criminal jurisdiction?
Territoriality; nationality/active personality principle; passive personality principle; protective principle; universality principle; quasi-universal (aut dedere, aut iudicare)
The Convention for the Protection of Human Rights and Fundamental Freedoms was concluded under the auspices of ________.
The Council of Europe
The _____ is the only true supranational organization.
The EU
What provides for individuals to bring claims directly before international courts and tribunals?
The European Convention on Human Rights
What document makes it so that constituent states of federal states do not have immunity?
The European Convention on State Immunity
What did the Nicaragua case say about control?
The ICJ required Nicaragua to prove that the US was exercising "effective control" over the Contras and not simply "overall control"
International criminal law was revived by ____________.
The ICTY and ICTR in the 90s
What are some examples of cession?
The Louisiana Purchase; the U.S.'s purchase of Alaska
What happened in the Norwegian Fisheries case?
The UK referred to an alleged rule of custom regarding the drawing of baselines and the ICJ claimed that there was no evidence of a custom regulating such a practice
What is the primary source for assessing the legality of the use of armed force?
The UN Charter
What are "good offices"?
The ability to get two disputing sides to enter negotiations
What is attribution and what is a synonym for it?
The ascription of actions or omissions of state officials to the state itself thereby rendering the state liable; synonym is imputability
What is opinio juris?
The belief by a state that behaved in a certain was that it was under a legal obligation to act in that way
What is the "law-habit"?
The general acceptance of the non-encroachment of politics into law
What is the protective principle?
The idea that a State may exercise jurisdiction over an alien who commits an act outside its territory, which is deemed prejudicial to its security and interests.
Why is the protective principle of jurisdiction problematic?
The ideas of "vital national interests" and "national security" are flexible.
What happened with the FRG and GDR?
The latter ceased to exist; the FRG absorbed it
What is the nationality/active personality principle and what is it based on?
The nationality principle implies that a State jurisdiction extends to its nationals and actions they take beyond its territory. It is based upon the notion that the link between the State and its nationals is personal one independent of location.
What do diplomatic methods of dispute settlement involve?
The parties themselves attempting to resolve their differences
What is the "clean slate" rule as it relates to colonies?
The principle that colonies do not have to automatically succeed to treaties concluded by the colonial powers
What is the passive personality principle?
The principle that states may claim jurisdiction over individuals who have committed offenses abroad that have affected or will affect nationals of the state
The composition of the ICJ is meant to reflect _____.
The world's regional, legal and linguistic diversity
Why aren't multinational corporations generally treated as subjects of international law? List 4 reasons.
They are basically private business organizations that have not been established by treaties; they are unable to exercise public powers; they do not receive recognition (and cannot grant recognition) and do not have similar rights or duties as individuals
What privileges/immunities do administrative and technical staff at diplomatic missions have, and how do they differ from those granted to diplomats?
They have all of the same immunities EXCEPT FOR immunity from civil and administrative jurisdiction of the receiving state
What does UNCLOS say about the nationality of ships?
They have the nationality of the state whose flag they fly
What are states' responsibilities in international humanitarian law?
They must criminalize breaches of humanitarian law within their states. They are responsible for disseminating information about humanitarian law
What do the Geneva Conventions say about medical personnel?
They must not be attacked or used to support hostilities, they must be identified by specific emblems which may not be abused or misused
What are the five sources of international law, from most to least authoritative?
Treaties Customary law General principles of law Judicial decisions Teaching of the most highly qualified publicists
What happens with treaties with state succession? What types of treaties are binding on the successor state/s?
Treaties dealing with territory and borders are binding and negotiation may not be reopened. Succession to other treaties depends on the nature of the state succession; new states normally succeed to treaties concluded by predecessor states.
What are the three main sources of international law?
Treaties, customary law, general principles of law
What document gives guidance on how to distinguish jure gestionis from jure imperii acts?
UN Convention on Jurisdiction Immunities of States and their Property
What is the main document governing the law of the sea?
UN Convention on the Law of the Sea (1982)
What 1948 document is related to human rights?
UN Declaration on Human Rights
The judges of the ICJ are elected by ______ and ______.
UN General Assembly, UN Security Council.
Who introduced the concept of equality of states?
Vattel, a Swiss lawyer
Who was the author of the doctrine of non-interference?
Vattel, a Swiss lawyer
Diplomatic law is governed by _________.
Vienna Convention on Diplomatic Relations (1961)
What document governs succession to treaties?
Vienna Convention on Succession of States in Respect of Treaties, 1978.
What document governs succession of property, archives and debts?
Vienna Convention on Succession to State Property, Archives and Debts (1983)
What document concerns the rules governing treaties between states?
Vienna Convention on the Law of Treaties (1969)
The __________ emphasized the universal nature of human rights and preceded the establishment of the UN High Commissioner for Human Rights.
Vienna Declaration and Programme of Action
Comment on the recognition of governments.
When a state recognizes a government, they recognize certain groups of people as representatives of the territory in question. A change in government does not affect the status of a state in international law. Many states do not recognize states as such and merely recognize governments, a practice which has become more popular in recent years. Certain criteria have emerged to address the issue of illegal changes in government. Once a government effectively controls the territory of a state and seems likely to continue to do so, recognition of it usually is not withheld.
When is the nationality principle of jurisdiction normally used?
With very serious crimes such as treason and murder
Can a reservation be withdrawn?
Yes
Can innocent passage be temporarily suspended?
Yes
If you have citizenship in states A and B and you have an issue in A, ________.
You may only appeal to state A for help
What happened in the Lotus case as relates to the territoriality principle?
a Turkish ship collided with a French steamer and sank. The Turkish authorities claimed jurisdiction over the captain of the French steamer and the Permanent Court of Int'l Justice ruled that the Turkish vessel was Turkish territory. This principle was later overturned, so that now only the alleged offender's flag state has jurisdiction over incidents occurring on the high seas.
What is a judicial settlement?
a binding decision by means of established and permanent bodies such as the International Court of Justice or European Court of Human Rights
What did the ICJ decide in the Asylum case?
a customary rule must be in accordance with a "constant and uniform usage practiced by the States in question"
What does adjudication as a method of dispute settlement involve?
a disinterested third party that comes to some conclusion using either arbitration or judicial organs
Any matter brought before the ICJ should be ________, as established in __________.
a legal dispute; Article 36(2) of the ICJ Statute
What is the role of tacit recognition in international customary law?
a practice may establish customary law if other states do not openly object to it
Proceedings in the ICC may be initiated by _____, the _______ or ________.
a prosecutor, the Security Council or a State
International law governs relations between independent states and thusits efficacy depends onto the extent to which states feel ___________ before the law.
a sense of obligation
What are four criteria related to the recognition of governments?
ability to exercise effective control; control over the majority of the territory in question; readiness to fulfill international commitments; support of the population
What are the 5 duties of the depository of a treaty?
accept notifications related to the treaty; examine whether treaties meet formal requirements; collect and store treaties; register treaties upon entry into force; communicate all relevant acts to the parties concerned
With collective self-defense, a state must first ______ and then _______.
acknowledge it has been a victim of an armed attack; invite other states to participate
Occupation involves __________.
acquiring territory that belongs to no one
What are crimes against humanity?
acts committed as part of a widespread or systematic attack directed against any civilian population with knowledge of the attack
A coastal state's sovereignty extends over its territorial sea and to the _______ and _______ and _______ thereof.
airspace, seabed, subsoil
The Charter allows self defense only if _________.
an actual attack has occurred
What is the definition of a military objectve?
an object which by its nature, location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization offers a definite military advantage
What kind of state may lack active legal capacity?
an occupied state
Arbitrations do not involve an _________.
appeal stage
What kind of dispute resolution method can be used between states and international institutions?
arbitration
What are the two methods of adjudication?
arbitration, judicial settlement
What types of dispute resolution are legally binding?
arbitration, judicial settlement
In arbitration, States themselves choose the ______, set the _______ and establish the ________.
arbitrators, timetable, rules of procedure
How many judges does the ICC have?
at least 18
The territorial sea is set off from internal waters by a ______.
baseline
A state is not bound by a treaty which has come into force but not __________.
been ratified by the national government
What kind of treaty cannot have reservations?
bilateral treaties
Treaties are either ________ or ___________ (with regards to the number of parties involved).
bilateral, multilateral
Advisory opinions are not _______.
binding
Arbitration decisions are ________.
binding
Judgments made by the ICJ are ________.
binding and final
How can a civilian lose protection from the effects of hostilities?
by participating in hostilities
What is the basic distinction in international humanitarian law?
combatants and those not involved in hostilities
In internal waters, what kinds of ships are and are not subject to the jurisdiction of the coastal state?
commercial ships but not warships
In the European Court of Human Rights, which organ disposes of cases that are inadmissible?
committees of three judges
In what formats does the European Court of Human Rights operate?
committees of three judges, chambers of seven judges or in a Grand Chamber of seventeen judges
Treaties are adopted in one of which two ways?
consent of all states participating in their drafting or a vote of two-thirds of the states present at an international conference
What are hybrid courts?
courts with both national and international elements
The ICJ cannot _________.
create law
What are the elementary principles of international criminal law?
criminal responsibility is individuals; crimes are not retroactive; double jeopardy is prohibited
Aggression is recognized as a crime in ___________.
customary international law
The Convention on the Law of Treaties mostly reflects ___________.
customary law
What are the two theories on recognition?
declaratory theory; constitutive theory
The _____ consists of the seabed and subsoil beyond the continental shelf.
deep seabed
What are some examples of closed treaties?
defense treaties, treaties establishing international institutions
A state does not have to have _______ in order to be considered a state
defined and settled borders
What four things does international criminal law describe?
describes international crimes, obligations regarding prevention of these crimes, prosecution of their perpetrators, and rules of international procedure
What is an example of a regional principle of international law?
diplomatic asylum in Latin America
What are the two techniques of conflict management?
diplomatic methods, adjudication
What are 5 duties/prohibitions of diplomats?
duty to respect local laws and regulations; to not interfere in the internal affairs of the receiving state; to follow the official procedure of communication; to not use the premises of the mission in a way incompatible with its functions; to not practice any professional or commercial activity for personal profit
What are subjects of international law? (i.e., what is the concept of a subject of international law?)
entities that have rights, duties and powers before international law as well as the capacity to act on the international arena
What is one thing that happens when one government recognizes another?
exchange of diplomatic envoys
What must an individual do before resorting to international law?
exhaust all available and effective local remedies
What must an individual do before applying to the European Court of Human Rights?
exhaust local remedies
What is the main thing a coastal state has the right to do in the exclusive economic one?
exploit and manage natural resources, living and non-living
How long is a diplomat protected?
from the moment they arrive in the territory of the receiving state to the moment they leave the receiving state as their term of office has ended
What does the "civil and political rights" generation of human rights consist of?
fundamental freedoms, protection against abuses of governmental powers and interferences in private life
What are the core international crimes?
genocide, crimes against humanity, war crimes
Diplomats cannot be obliged to ________.
give evidence
What are some general principles of law?
good faith, lex specialis derogat legi generali
Individuals must be able to claim to __________ in order to successfully apply to the European Court of Human Rights.
have been the victim of a violation of one or more Convention rihts
International criminal law draws from ________, ________ and _________ for guidance.
human rights law, humanitarian law, domestic criminal law
Why may an application to the ECHR be refused?
if it is made anonymously; if the applicant has not suffered a significant disadvantage; if it is incompatible with the Convention; if a substantially identical case has already been decided
Why might a treaty not allow a reservation?
if the reservation is incompatible with the overall purpose of the treaty
How can the ICC establish jurisdiction over a case (3 ways)?
if the state on the territory of which the conduct occurred or the state of which the accused person is a national is a party to the Rome Statute; if the case is referred by a UNSC prosecutor; if a non-state party accepts the ICC's jurisdiction temporarily
What are the three conditions for self-defense?
immediacy, necessity, proportionality
A receiving state has the responsibility to prohibit ____________ of another state's mission.
infringements of the inviolability
Conciliation is basically a combination of _____ and ______.
inquiry, mediation
What is the basis of cession?
intention to transfer territory
All waters on the landward side of the baseline are _________.
internal waters
Hot pursuit must start while the ship is in the ___, ____ or ______.
internal waters, territorial sea, contiguous zone
A treaty is (1) an __________ concluded (2) in ________ form and (3) governed by __________, (3) whether embodied in a single ________ or in two or more related ________ and (4) whatever its particular ________.
international agreement; written; international law; instrument, instruments; designation
What are the subsidiary subjects of international law?
international organizations and individuals
Why is the prohibition on double jeopardy not absolute in international criminal law?
international tribunals may judge a criminal who has already received a sentence from a national government if the national court has issued an ineffective sentence
When was conciliation most popular?
interwar period
What is conciliation?
involves a third party that establishes the facts, conducts an inquiry and offers solution.
What is the principle of continuity as it related to state succession?
it acknowledges that a state may continue to exist in a different form and under a different name
What does the International Law Commission do?
it codifies international law and produces drafts on various legal issues
What is unique about the African Charter on human rights?
it details duties of individuals before the state, society and family
Comment on the character of the Arab Charter on Human Rights.
it emphasizes the importance of Islam. It does not allow for the possibility of filing complaints. It also equates "Zionism" with "racism" and states that both phenomena constitute threats to international peace and security. It also takes a controversial approach to matters such as the death penalty and the rights of women.
Something cannot be an international crime unless ________.
it is defined as such
How is genocide defined and where?
it is defined in the ICTY; the focus is on intent to destroy a national, ethnic, racial or religious group
What is signaled by a state's capacity to enter into relations with other states?
it is indicator of sovereignty and independence and recognition by other nations.
What influence can the UNSC have over the ICC?
it may halt prosecution for twelve months and renew these requests thereafter
What can the innocent party do when a bilateral treaty is breached?
it may invoke the breach as grounds for suspending the treaty
What is "res communis" and how does it relate to law of the sea?
it means "public domain" and in the context of law of the sea refers to the idea the seas are accessible to all but incapable of being appropriated
What happened with Resolution No. 84 on military actions in Korea?
it passed because the Soviet Union did not show up to the vote, thereby "abstaining"
What is the main component of a crime against humanity?
its widespread or systematic natue
What are the two categories into which the principle of restrictive immunity divides state activity?
jure imperil (governmental acts); jure gestionis (commercial/trade activity)
What are the three privileges/immunities possessed by international organizations?
jurisdictional immunity, inviolability of premises, financial privileges
_________ refers to the peremptory norms of international law.
jus cogens
What kinds of rights are enshrined in the UN Declaration of Human Rights?
liberty, security, due process, freedom of movement, expression, assembly
Generally, the baselines follow the _______ around the coasts of a state.
low-water mark
To whom does the deep seabed belong?
mankind as a whole
What are counter-measures?
measures taken to induce wrongdoing states to comply with their obligations under international law not involving the use of force
Attacks may only be directed against _______.
military objectives
What does the term "force" entail?
military, political, economic coercion; any threats of force
Article 27 of the Vienna Convention on the Law of Treaties establishes that ________________.
municipal law cannot be used as a method of circumventing international law
Diplomatic relations require ________.
mutual consent
Who is expected to act first with regard to international crime?
national courts
What happens with nationals after state succession?
nationals of the predeccessor states have the right to nationality of the successor states but to not always automatically become nations
On the territory of any given state, people are either ___, ____ or _____.
nationals, foreigners or stateless
What are the general principles of law based on?
natural law
John Locke is usually credited with formulating the ________ approach to human rights.
natural rights
What must a submarine do when innocently passing through territorial waters?
navigate on the surface and show their flag
What three things can other states do in one state's exclusive economic zone?
navigation, overflight, laying submarine cables and pipelines
What are 6 freedoms of the high seas?
navigation, overflight, submarine cables and pipelines, construction of artificial structures, fishing, scientific research
What are the three types of diplomatic methods?
negotiations, compromises, conciliations
Must a state have a mission in a country with which it is engaged in diplomatic relations?
no
The 1970 Declaration of Principles of International Law established that ____________.
no territorial acquisition resulting from the use of force shall be recognized as legal.
The three methods of acquiring territory are ____, _____, _____.
occupation, cession, annexation
Who can commit acts of aggression?
officials of a state
Treaties are _____ or _____ (with regards to who may enter them)
open, closed
What were some offenses that were considered to have universal jurisdiction before World War II?
piracy, slave trading
On the high states, other states may intervene in the case of _____, _______, ___ _______, _________, ___________, ____________, or ____________.
piracy, slavery, hot pursuit, necessity, verification of the flag, exercise of rights or duties under a treaty, or within the context of special rights in an armed conflict
What are the two types of dispute?
political, judicial
What are the three stages of international criminal proceedings?
pre-trial; trial; appeal
The judgments of the ICC are not officially ______.
precedents
What kinds of individuals may act ex officio on behalf of the state?
presidents, foreign ministers, prime ministers
How do the primary and subsidiary subjects of international law differ?
primary subjects possess all rights, duties and powers and subsidiary subjects have limited rights and powers
States have ______ jurisdiction and the ICC has _____ jurisdiction.
primary; complementary
Diplomats have no immunity concerning _________.
private property, professional or commercial activity exercised outside official functions, or succession where the diplomat is involved as a private person.
What are some examples of jus cogens laws?
prohibition on aggressive force; prohibition on torture, slavery and genocide; principle of racial non-discrimination
What do the Geneva Conventions have to do with?
protection of non-combatants, treatment of prisoners of war, and the wounded and sick
The validity of a treaty can only be question on the basis of ___________.
provisions of the Vienna Convention on the Law of Treaties
What is the idea that human rights can only be approached within the context of particular cultural or religious traditions?
relativism
Parties to the International Covenant on Economic, Social and Cultural Rights are required to regularly ________
report on situations and progress
What are 5 functions of diplomatic missions?
representing the state, protecting the interests of nationals in the receiving state, negotiating with the receiving state using legal means, observing by all lawful means the conditions and developments in the receiving state, and promoting friendly and beneficial relations between the sending and receiving state
States may formulate ________ when signing, ratifying or acceding to a treaty.
reservations
What must a receiving state do even after diplomatic relations have been broken off with the sending state?
respect and protect the premises of the mission, together with its property and archives
What are four things that law of the sea regulates?
rights and duties of states relating to sea areas; exploitation of marine resources; scientific research; protection of marine environments
What is jus in bello?
rules governing the conduct of hostilities
Force is only acceptably in two cases:
self defense; when authorized by the UNSC
What are 5 forms of recourse that a state has with regards to abuses of diplomatic status?
self-defense; waiver of immunity; expulsion; limitations on the size of the mission; termination of diplomatic relations
What are some rights provided for in the International Covenant on Economic, Social and Cultural Rights?
self-determination, right to work, right to social security, adequate standard of living
Immunity may only be waived by the ____ state.
sending
What kinds of crimes are under the jurisdiction of the ICC?
serious crimes against the international community as a whole such as genocide, crimes against humanity, war crimes, and aggression
Every state must express its consent to be bound by a treaty, usually by _____, _____ or ______ to it.
signing, ratifying or acceding
What is the objective element of customary law?
state practice
Who are the primary subjects of international law?
states
Who decides how states must carry out final judgments of the ECHR?
states themselves
What makes the "law habit" problematic in international law?
states themselves both write and enforce the laws
Who may act as a mediator?
states, international organizations, eminent indivudals
What is the Convention for the Protection of Human Rights and Fundamental Freedoms characterized by (two things)?
strong legal wording, effective enforcement mechanism
Customary consists of a ______ element and an ______ element.
subjective; objective
What are the steps of ratification of a treaty?
submission to national legislative body; instruments of ratification that provide formal evidence of state's consent to the terms of a treaty
The foundations of the system of international humanitarian law are (3):
that persons not actively engaged in war should be treated humanely; limiting damage by establishing military necessity; restricting the choice of means and methods of warfare
Who may request advisory opinions from the ICJ?
the General Assembly or Security Council or other UN organizations with respect to legal questions arising within the scope of their activities
Article 40 establishes that _______.
the SC may call upon the parties to comply with provisional measures in order to prevent escalation of a situation
Article 39 of the UNC established that _________.
the SC shall determine the existence of any threat to the peace, breach of the peace or act of aggression and make recommendations as to what measures should be take to restore peace
All treaties are equal except for __________.
the UN Charter
