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PIL > PIL Generally > Flashcards

PIL Generally Flashcards

1
Q

What is a treaty?

A

VCLT Art 2 - written form, agreement between states

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2
Q

What is pacta sunt savanda?

A

VCLT Art 26 - treaties must be performed in good faith

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3
Q

Can domestic law excuse treaty violation?

A

VCLT Art 27 - no

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4
Q

What is the requirements for reservations?

A

VCLT Art 19 - reservations can’t be contrary to the object and purpose of the treaty

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5
Q

How are treaties interpreted?

A

VCLT Art 31:

According to their ordinary meaning
In good faith
In context
In light of object and purpose

Can look to subsequent agreement between parties.

Art 32: supplementary means include travaux.

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6
Q

When can a state get out of a treaty?

A

VCLT Art 62 - Fundamental change in circumstance - if change is essential basis of treaty

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7
Q

What is required for a treaty to be able to create a norm?

A

North Sea Continental Shelf Cases:

The part of the treaty can’t be able to be reserved by states or suspended during emergencies; it must have widespread and representative participation; state practice must be consistent.

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8
Q

Can custom be regional?

A

Yes - Asylum Case (Peru)

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9
Q

Can General Assembly Resolutions create custom?

A

Nicaragua - can contribute to norms, but only cautiously.

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10
Q

What are the sources of intl law?

A

ICJ Statute - Art 38

  • treaties
  • custom
  • general principles as recognised by civilised nations
  • writings of esteemed publicists/judicial decisions
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11
Q

What is the principle of Teoh?

A

Presumption that enacted law will comply with Australia’s international obligations (particularly ratified treaties)

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12
Q

What are the requirements of statehood?

A

Montevideo Convention

  • Defined territory
  • Permanent population
  • Effective government
  • Capacity to enter into legal relations with other states

Recognition???

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13
Q

What will determine an intl org level of personality?

A
  • It’s constitutive document
  • What is necessary for it to fulfil its functions?

UN Reparations Case; Legality of threat or use of nuclear weapons

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14
Q

What is the principle of non-interference?

A

UN Charter Art 2(7) - no interference in domestic affairs of other states

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15
Q

What are the bases of jurisdiction?

A
  • Territorial (Belmarsh Prison Case)
  • Nationality (Hague Convention Relating to Nationality; Natteboehm Case)
  • Protective principle (controversial - Eichmann)
  • Passive personality principle (your government can invoke its own laws to protect you overseas (USA v Yunis)
  • Universal Jurisdiction
  • Effects Doctrine (highly controversial - Hartford corp regulation extra-territorially)
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16
Q

What is the difference between state immunity materiae v personae

A

Pinochet and Arrest Warrants Case

Pinochest was rationae materiae (official acts only, torture not covered).

Arrest Warrants - congo minster was currently serving, had absolute immunity. All about what functions - foreign minister eg.

17
Q

Explain diplomatic immunity

A

Vienna Convention on Diplomatic Relations

Art 22 - state must protect diplomatic missions
Art 27 - diplomats must have free communication
ARts 29, 31, 41 - immunity from local laws
Art 9 - states can declare persona non grata

18
Q

How are reparations calculated?

A

Chorzow Factory Case (PCIJ) - reparation must wipe out all of the consequences of the illegal act.

Must be adequate, prompt and effective (Anglo Iranian Oil Case)

19
Q

Where is the prohibition on the use of force?

A

UN Charter, Art 2(4) - now jus cogens (Nicaragua)

20
Q

When can a state use force?

A

For defence (art 51) - response to armed attacked; must be reported to SC. (Caroline Case - necessity: imminent threat, with no moment for deliberation.)

To protect nations (Contentious) (Entebbe Incident).

R2P/humanitarian intervention (not existing yet)

Security Council Chapter VII powers - art 43

PIL (1 decks)

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