Module 1 – The Nature of International Law Flashcards
Introduction and history, theories and basic sources
Who was Grotius and what did he accomplish?
Hugo Grotius was a Dutch jurist in the 1600s, one of the first to write about ‘international law’
What was the treaty of Westphalia?
The treaty of Westphalia ended the 30 years war between Spain and Holland and established diplomatic framework.
When and how was the League of Nations established?
In 1928 by the Treaty of Versailles.
Describe the Kellog-Briand Treaty.
The Kellog-Treaty (1928) was an agreement by nation-states not to use war to resolve disputes.
When was the UN Charter created?
1945
What is the significance of ‘sovereignty’ and the concept of the ‘State’?
Under international law all States have sovereign equality (Article 2(1) of the UN Charter).
Describe Article 2(7) of the UN Charter.
Article 2(7) provides that nothing in the UN Charter authorises the UN to intervene in the domestic jurisdiction of any State
Describe Article 2(1) of the UN Charter.
Article 2(1) provides that the UN is based on the principle of the sovereign equality of all its members.
What is the Critical legal theory view of international law?
Legal objectivity in international law must be seen in the context of its social, economic and political influences.
What is the feminist theory view of international law?
Women are excluded from law-making and international law has failed by not intervening with States to protect women.
What is the Natural law view of international law?
All law is the natural order of things, not an artificial construct, and international law is a natural extension.
What is the Postivist view of international law?
The actual practices of States legitimise international law. Ethics and morality is irrelevant.
Describe the facts and significance of the ‘SS Lotus’ Case of 1927.
Dispute between France and Turkey after two ships collided and Turkey convicted a French officer. Heard by the Permanent Court of International Justice, who found international law was not violated as it governs relationships between states, rather than restricting state independence.
Describe Chapter 14 of the UN Charter, Articles 92-6.
Establishes the International Court of Justice (ICJ).
Describe Article 94(1) of the UN Charter.
Decisions of the ICJ are binding on member states but not non-members.
Describe Article 59 of the ICJ Statute
the decision of the court shall have no binding force except between the parties and in respect of that particular case
Describe Article 94(2) of the Charter
ICJ judgments can be enforced by the UN Security Council
Describe Article 34(1) of the ICJ Statute
only States may be parties in cases before the court
Describe Article 36(1) of the ICJ Statute
States may agree to refer a dispute to the court
In what ways may states refer a matter to the ICJ?
‘compromis’ (special agreement)Treaty between member states
Describe the Minquiers and Ecrehos case.
Between France and UK over English Channel, referred by compromis.
Name a treaty that refers disputes to the ICJ.
Optional Protocol to the Vienna Convention on Consular Relations (1963)
Describe Article 36(2) of the ICJ Statute.
Allows states to agree in advance to the ICJ having general jurisdiction (Australia withdrew in 2002).
Describe the ‘Monetary Gold’ principle
ICJ will not hear matters involving third-party states who do not consent to the jurisdiction.
Describe the East Timor case.
Between Portugal and Australia (1995) concerning Australia’s entry into Timor Gap Treaty as would involve Indonesia (Monetary Gold Principle).
What was the ICJ: Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (1994) report?
The ICJ’s advisory opinion of the construction of the Israeli Wall.
Describe the case of Toonen v Australia
human rights complaint brought before the United Nations Human Rights Committee (UNHRC) by Tasmanian in 1994 concerning criminalisation of sodomy.
