International Law

Question 1

international law

Answer 1

deals with the legal relations between states

Question 2

substantive areas

Answer 2

environmental issues, the law of the sea, war & peace, crime, economical & financial relations, human rights

Question 3

States as actors

Answer 3

you can’t make your own state, own jursidiction

Question 4

International Organizations

Answer 4

IGO’s -> bound to international law
- principle of attribution -> they can only exercise the powers that were explicitly granted to them in founding of a charter of organization
- implied powers -> they also exercise what drives them towards their objectives even if it hasn’t been explicitly stated in Charter

Question 5

United Nations

Answer 5

• founded in 1945 to prevent WW III

Question 6

General Assembly

Answer 6

• representatives of member states (1 vote each)
• membership is granted upon recommendation by Security Council
• they make non-binding recommendations (no legislature that can pass laws)
• observer states (also some IGO’s) -> can make statements but not vote

Question 7

Security Council

Answer 7

• 15 member states (Russia, UK, US, France and China are permanent with veto right) -> other 10 are periodically elected by General Assembly
• Call on Members to apply economic sanctions and other measures not involving the use of force to stop or prevent aggression
• investigation of disputes that might lead to international friction
• recommendation of methods to prevent those situations
• formulation of plans to establish a system for weaponry
• determination of threat to the peace or act of aggression
• recommendations of methods that should be taken
• military action against aggressor -> Blue Helmets

Question 8

International Court of Justice

Answer 8

• seated in The Hague
• settles disputes in accordance with international law
• states have to accept jurisdiction -> not automatic

Question 9

UN secretariat

Answer 9

• administration of all organs
• Secretary General (head of administration) -> elected by General Assembly for max 5 years

Question 10

Multinational Enterprises

Answer 10

• company that has headquarter in one state and production in others -> full advantage of globalization
• race to the bottom -> governments have tendency to compete with each other by lowering their standards at the expense of population and environment to attract foreign investment
• bound by domestic law of the country they’re in

Question 11

Nongovernmental organizations

Answer 11

• group of individuals who seek to achieve certain idealistic objectives
• no rights/ duties in international law
• However, when IGO’s grant NGO’s consultative status, they can attend meetings, circulate documents & make speeches
• no voting rights

Question 12

Individuals

Answer 12

• governments are fee to treat individuals however they please before international law
• Universal Declaration of Human Rights
  -> itself non-binding
  -> part of many international binding treaties
  -> memberstates are required to grant human rights -> otherwise International Human Rights Court
  -> individuals have duty not to commit crime

Question 13

State Voluntarism

Answer 13

• both parties need to consent before obligation arises -> rules cannot be stronger than what the weakest party can deal with
• international law exists, because states want it to
• states can’t be subject to international law against their will
• highlights deficiency of a system based on voluntarism, as opposed to a system based on rules
• • every country can participate
• • you can’t force (i.e. Russia) to partake in (i.e. climate protection)