International Court of Justice Flashcards
What is the concept of external sovereignty
The belief that all states’ borders are to be respected
What is internal sovereignty?
All countries are autonomous - other states shouldn’t interfere with their decisions.
Has there been a shift regarding these two concepts of sovereignty?
- External sovereignty has largely been maintained (except during invasions or annexations).
- Internal sovereignty has shifted due to the belief of International Law that there must be a certain level of HR - critical of Saudi Arabia, China and Iran for their recent poor human right laws.
What sparked the introduction of International Law in 1945?
World War Two and the Holocaust
Origins of International Law: principles
- Adherence is based upon the principle of reciprocity - if a nation-states obeys the law, so will other states.
- Decisions are pragmatic than moral (serves state interests).
Origins of International Law - Nuremberg Trials (1945-6)
- Demonstrates what could happen if states act in defiance of all morale principles - cannot act with impunity and should be held accountable for actions.
- These trials established a human-rights approach to International Law, rather than just global stability - states need to come together to establish institutions of justice and global standards of moral behaviour.
Origins of International Law - Nuclear Proliferation (1968)
Explains that nation-states generally abide by International Law as it is in their best interest due to fear and global stability
The Universal Declarations of Human Rights (1948)
- Established civil, political and social freedoms - but not binding as it’s not a treaty.
+ Principle of human interference = all humans have rights - doesn’t need to be earned or acquired by purchase.
+ Principle of inalienability = no human can be deprived of any of those rights by the acts of any ruler or a democracy, even by the will of the majority.
+ The Rule of Law = when rights conflict with each other, the conflict must be resolved by the consistent, independent and impartial applications of just laws with just procedures.
Key dates in the Universal Declaration of Human Rights
1966 = International Covenant on Civil and Political Rights
1966 = International Covenant on Economic, Social and Cultural Rights
1993 = UN High Commissioner for Human Rights introduced (promotes adherence to HR rights + exposes violations).
Role of NGOs
- These global pressure groups uses the internet to maintain instantaneous coverage of humanitarian crises.
- For example, HR Watch publishes an annual world report cataloguing nations’ records on HR - published abuses in Syria bt President Assad and the growing authoritarianism in China and Turkey.
International Court of Justice
- Established in 1945 under the UN charter.
- Comprises of 15 judges (no more than one judge of each nationality may be represented on court at the same time).
- Settles legal disputes submitted by states and provides advisory opinion on legal matters - attempts to enforce the rule of law and create stability and peace.
- Article 98 = all UN members should comply with judgements. If a state doesn’t comply, the other party may approach the UCSC (dominated by West) to enforce judgements.
ICJ successes - Liberal perspective
- 1986 = border dispute between Burkina Faso and Mali.
- 1992 = border dispute between El Salvador and Honduras.
- 2002 = disputes between Nigeria and Cameroon over an oil-rich peninsula.
ICJ weaknesses - Realism perspective
- Conflicts with state egotism - unlikely to give power away as countries are power-maximisers and the ICJ is only effective if they participate and recognise, otherwise judgements are difficult to enforce.
- Cannot initiate cases - has to be presented by states themselves.
- States can choose in advance of a decision on whether to sign an option clause agreeing to the court’s decisions.
- UNSC - five member states can veto, enforcing ECJ ruling.
Examples of failures of the ICJ
- 1980 = Iran refused to accept ICJ sovereignty when the US brought a case against it for seizing the embassy in Tehran.
- 1984 = USA refused to accept judgement in Nicaragua against the Contra rebels mining - USA withdrew because of this.
- 2010 = ICJ declared Kosovo as legitimately able to declare Independence - Russia ignored this as it was an ally of Serbia.
- 2014 = Japan continued whaling near Austria despite ruling.
