International Law Final Exam Flashcards
Jus Ad Bellum
Jus Ad Bellum relates to regulating when force may be used. When do states have a legitimate right to wage war? Evolution- 1907 Convention on the opening of hostilities (Required Declaration of War) League of Nations 1919 (Requirement of Abritration before War) 1928 General Treaty for renunciation of war
Just War Theory
Limit the frequency of war and restraint in the conduct of war.. 5 Criteria for legitimate use of force Seriousness of threat, Proper Purpose, Last Resort, Proportional means, and balance of consequences…. Jus ad bellum jus in bello
UN charter and jus ad bellum (Article 2.4, and Chapter 7)
Article 2.4 resulted in the prohibition of force and said “All members shall refrain from the threat or use of force against the territorial integrity or political independence of any state” Chapter 7 authorizes the power of the security council to decide when a threat is imminent.
Collective Security used by the Security Council
Article 39 made the security council the designated authority on war and said” The SC shall determine the existence of any threat {or breach of the peace} and shall decide what measures shall be taken}
Uniting for peace revolution
Main point was that within the limits of its powers the GA could also authorize the use of force against aggressor states. Cannot order peace operations but can recommend them. Created the doorway to peacekeeping….. General Assembly resolution that granted themselves the ability to conduct peacekeeping operations
Peacekeeping Operations
No aggressor identified, Not only military operations, also development work, often no authorization to use force. Needs the acceptance of the host state.
Self-defense
UN charter article 51 recognizes an inherent right to legitimate defense. May occur If an armed attack occurs. Legal justification for using force and in order to justify the use, customary law has accepted
The Caroline Test
Immediacy- threat must leave no time for deliberation, Necessity- Instant overwhelming and leaving no means and no moment for deliberation, Proportionality- Defense proportionate to threat… Anticapatory self-defense is allowed if an attack is imminent but not preventative self-defense
Humanitarian Intervention
Humanitarian intervention is a human-rights based legality for intervention. The right for states to militarily intervene in a country in order to protect human rights. Looked at as a discretionary right not an obligation
Responsibility to protect
Responsibility to protect revolves around the debate that supports making humanitarian intervention an obligation. States should intervene in other states under the conditions that the state has failed to protect individuals. Not only should they intervene they should be involved in preventing atrocities and rebuilding.
Jus In Bello
Governs how force can be used, outlines behavior that is off limits, international humanitarian law
Hague Laws
The Hague laws place restrictions on the conduct of hostilities. Hague laws banned certain weapons in an attempt to adhere to the principles of discrimination between soldiers and civilians and the limiting of unnecessary suffer
Geneva Laws
Geneva Laws were made to protect people not taking part in active combat and included amelioration of the wounded in armed forces, wounded in the sea, treatment of prisoners in war, and protection of civilians.
Biological Weapons Convention
Biological weapons convention is the same situation as the CWC. First treating banning an entire category of weapons and only allowed research.
Chemical Weapons Convention
The chemical weapons convention outlaws the production, stock-piling, and use of chemical weapons.
Non-proliferation treaty
The non-proliferation treaty identified legal nuclear weapon states and banned proliferation to non-nuclear weapon states.
International Atomic Energy Agency
IAEA was made to promote the peaceful use of nuclear energy and inhibit its use for any military purposes. Helps monitor the NPT
Lieber Code
Rules of war written during the US civil war supported by Lincoln. Instructions for US soldiers and what they can and can’t do when waging ware, centered around minimizing suffering.
Nuremberg Trials
First Treaty based definition of internationally defined criminal offenses, creation of crimes against humanity, required connection with international armed conflict.
International Criminal Court Jurisdiction
The ICC has jurisdiction over individuals who commit genocide, war crimes, crimes against humanity, and the crime of aggression.
Res Communis
Territory that is incapable of ever being legally owned or controlled. It belongs to no one and must remain available for all to use
Law of the Seas
High seas are res communis with a limit to coastal sea territory. The coastal sea territory (Exclusive Economic Zone) is expanding because of a state desire to extract more resources
Laws of Airspace
For whoever owns the soil it is their up to heaven and down to hell, Chicago convention on International Civil Aviation- Military must have permission, Freedom of commercial Aircraft, based on treaties, Pilots must be licensed and air carriers are liable
Laws of Outerspace
UN GA adopted 1958 resolution based on peaceful purposes. Outerspace is res communis… A launching state is liable
Customary Principles in Environmental Governance
Conservation, Good Neighborliness, Polluter Pays (responsibility), Precaution
Montreal Protocol
Phased out a number of different substances that were considered harmful to the Ozone. Generally successful
Kyoto Protocol
Legal obligations to reduce emissions lower then 1990 levels. US never joined.
United Nations Framework Convention on Climate Change
- Contains few substantive obligations. Attempts to mitigate the situation by stabilizing the concentrations of greenhouse gases and adapt to the current situation. Its non-binding nature helped get almost universal acceptance
Paris Agreement
Asks parties to determine their own level of emission reductions. Long term goal of keeping global warming to within 2 degrees above pre-industrial levels
International Whaling Convention
Research on whales and whaling patterns is allowed. To protect endangered species quotas on whale kills and the regulation of whaling seasons.
International Monetary Fund
Provide monetary stability if states suffer from balance of payment problems. Lend money to states if structural adjustment reform is implemented (Tax reform, debt restructuring, banking reform)
World Bank
Stimulate development. Lends money for specific projects like building dams. Places conditions on loans and those conditions can benefit the banks powerful member states. States that contribute the largest amount of money to these organizations hold the most votes.
World Trade Organization
A package of agreements that were implemented under GATT with the goal of promoting free trade. Long negotiation rounds, Consensus-based agreements and dispute settlement through the DSB (7 eminent lawyers on 4 year terms from member states who resolve dissatisfaction)
Direct effect and Self Executing Treaties
Self-Executing- directly effective in the domestic legal system, There would be no need to transpose IL into domestic law, Represents possibility of an individual to invoke a provision in front of a domestic court.
Monism
Sees international and domestic law as branches of a common tree. International law creates a universal legal order, and domestic legal systems are sub-orders within. International law generally prevails. International laws may be self-executing
Dualism
Traditionally international law is believed to deal only with relations between distinct and separate states, International Law and Domestic Law are seperate. …..International Law impacts states and their interactions as states. Domestic Actors only impacted if international law is transposed into domestic legislation. International rules are not directly effective in a domestic legal system International laws are not directly effective
Global Governance Democratic?
– Possible through global administrative Law- procedural rules like transparency, proportionality, in decision-making, and rights of participation in decision-making.. Possible through Global constitutionalism
Global Constitutionalism
A single document codifying the scope and powers of all parts of the governing system…. Acceptance of limit to sovereignty and peace and security expanded. Negatives are fragmentation of international law disadvantageous to supporters of sovereignty.
Who can start ICC Proceedings
States must refer situation to a prosecutor, the security council may refer a situation to a prosecutor, or the prosecutor may start investigations. ICJ only has jurisdiction over state parties to the Rome statute.
Jurisdiction of the Courts of Danzig, advisory Opinion (PCIJ 1928)
Workers were trying to use international law in domestic courts in an attempt to advance their rights. Tried to make it a monist system. Poland said that’s international law not domestic law. Court said no the international law is not directly effective but the court did not say that IL is never directly effective. Treaties can be
Medellin Case 2008
Mexican criminal did not have international right to Vienna Convention. It was therefore not self-executing. Treaty was not binding
Trail Smelter 1935
Good neighbor (preventative) and polluter pays…. Responsibility of state to protect other states against harmful act by individuals from within its jurisdiction at all times.
Operation Opera 1981
Israel blew up Iran nuclear reactor created for energy purposes. Blew up for fear of nuclear militarization. The security council disagreed and said it was not self-defense. Reckless.
Oil Platforms Case
- Our destruction of all their oil platforms was not a proportionate response.
Pulp Mills Case
Precautionary Principle Argentina and Uruguay
EU should be precautious (precautionary principle)
If there is no proof it is dangerous then we don’t regulate it
Find scientific evidence that it’s safe
Kadi Case
EU law from Monist to Dualist
Challenged EU freezing bank assets, made its way to ECJ
Had to decide between EU human rights principles and the responsiblity of intl law. Determined right of property superceded intl law, decided to unfreeze assets
Lead to revising of security council process
Most Favored Nation Principle
Preferences to other states should be no less than those granted to the state treated most favorably
National Treatment Principle
Foreign Products should be treated no less favorably than domestic products.
Principles of the law of the seas
Freedom of the High seas….. Jurisdiction follows the flag
Chicago Convention of International Aviation
Rules of airspace and safety regulations
Freedoms for professional aircraft
Military aircraft must have permission to enter
