Basics of IL Flashcards
Types of IL states, EU, treaties, jurisdiction, principles
Under which guidance is the IL based on?
The Rome Statute which provides the codification of crimes under the ICC’s jurisdiction.
What type of law is IL based on?
Positivist Law. Based on normative statements and the acts of the system’s subjects.
What are treaties?
What do they need to be based on?
Are agreements in a written form concluded between states and governed by IL.
Treaties need to be based on the free consent of states.
What is a terminated treaty?
The treaty has come to an end because the aim has been achieved or parties agree to not follow it anymore (expiry clause).
What is a suspended treaty?
The treaty is temporarily deactivated.
What is a monist state?
The one that directly adopts IL, thus, has a direct effect.
What is a dualist state?
The one that before adopting IL converts it into domestic, thus, domestic law prevailing over IL
What are supranational powers?
Those that go above the state, arising usually because it is a member of a community. The state follows what the community says despite having domestic preferences.
Comprising a different legal order.
Why is the EU considered supranational?
“3 directives”
The EU is a supranational power because all actions need to be followed by MS.
1. Regulations: all states must follow and implement it.
2. Directives: EU says what states need to implement but not how
3. Decisions: implementation on certain states, not a general rule.
What is arbitration?
A 3rd party moderating a situation. IGOs, since they have explicit powers, can mediate within IL.
Jurisdiction Principles (5)
- Passive Personality: the state shall have jurisdiction over individuals harming nationals.
- Protection: the state shall always protect all subjects from dangerous activities.
- Territory: the state shall have jurisdiction of subjects within its sovereign territory.
- Nationality: the state shall protect and have jurisdiction over its nationals no matter where.
- Universality: the state has universal responsibility and rights of jurisdiction regardless of territory or nationals based on:
- Jus Congens: the state accepts IL and its community
- Erga Omnes: the state’s commitment to follow IL
What is liability principle?
The state’s responsibility over its actions
What is accountability principle?
The state’s justification of its actions/behaviour.
Due to “force majeure”
- Distress: actions were inevitable, there wasn’t another alternative
- Necessity: protection of subject
What is attribution?
What the state is responsible for
3 ways of Repairing Injuries
Reparation: compensation
Restitution: build it the way it was
Satisfaction: compensate moral damage by apologising
