International Law Flashcards
Topics of international law
- War and Peace
- The Sea
- The Environment
- Economic and Financial Relations
- Crime
- Human Rights
Actors
- States
- International organizations (IGOs): States are members
- Multinational enterprises
- Nongovernmental organization (NGOs): Individuals are member
- United Nations
- Security Council
- International Court of Justice
- Individuals
Statehood
- A state is entitled to conclude treaties with other states
- it can become a member of international organizations
- Its sovereignty must be respected
Duties of a state
A state must refrain from settling international disputes by force and it must respect the human rights of its citizens
Criteria for statehood
- defined territory
- a permanent population
- a government exercising effective power
Sovereign equality of states
All states have the same rights and obligations
Sovereignty
The right and power of a state to govern itself without any interference from the outside
Attribution of Powers
IGOs can only exercise the power explicitly granted to them in the founding charter of the organization
Implied powers
IGOS: As long as an action is necessary to achieve the organizations goals, it may be carried out
Who can become parties to treaties?
Only states and not international organizations can become parties to treaties
Race to the bottom
Governments tend to complete with each other by lowering their standards at the expense of their population and the environment
Consultative Status
Enables an NGO to attend meetings, circulate documents, make speeches and lobby delegates
Difference national law and international law
National law deals with legal relations within the territory of a single state and with the organization of that state itself
International law deals with the legal relations between states
Sources of international law
- The general principles of law recognized by civilized nations
- Treaties
- Customary Law
- Judicial decisions
What is Voluntarism
A state can only be bound by an obligation after it agreed to it. States aren’t required to accept any obligation they don’t agree with
Peremptory Norms
Rules of “ius cogens” or peremptory norms are the highest in rank and they override any contrary international obligations of a state
Jurisdiction
A states competence to make and enforce rules in respect of person, property or events.
Exercised in 3 ways:
- by legislature
- by courts
- enforcement by police or military
Jurisdiction principles
- The active nationality principle:
- The passive nationality principle:
- The universal principle:
- The effect principle:
- The protective principle:
Enforcement
International Law enforcement is depending on states and domestic institutions.
The international Court of Justice relies on the willingness of states to comply with its judgement
Negative rules
Standards that impose on states an obligation to refrain from taking certain actions
Prohibition of interface in international affairs
Helps to protect state sovereignty against outside intervention by other states
Observer
A state may be granted as observer state by the general assembly. An observer state can attend meetings and make statements but has no voting rights
Security Council
15 members of which 5 are permanent members with veto power (China, France, Russia, UK, USA)
United Nations
193 Member states each of it has one vote. Apart from it there are some Observer states
Ruling of the UN
The UN can’t pass law that’s binding on the member states. Their resolutions are non binding recommendations
International Court of Justice
Inter state disputes can be brought here and only if states have decided to accept the mandate of the court
UN secretatiat
Deals with the administration of the UN
Individuals
- Duty not to commit international crimes
- Right to complain to the international human right courts
