PIL Week 1

Question 1

ICJ Jurisdictional Immunity of the State (Germany v. Italy: Greece Intervening)

PRESCRIBED

Answer 1

The rule of STATE IMMUNITY occupies an important place in international law and relations. It derives from the principle of SOVEREIGN EQUALITY, which, as art. 2 par. 1 of the Charter makes clear is one of the FUNDAMENTAL PRINCIPLES of the international legal order.
…
Exceptions to the immunity of the state represent a departure from the principle of sovereign equality.
r.o. 57

(acta) jure impera = law governing the exercise of sovereign power
(acta) jure gestiones = law governing the exercise of NON-sovereign activities (especially private and commercial activities)
r. o. 60

81-97: International law does not support the position that a civil claim should override immunity from suit for the sole reason that it is based on an allegation of a particularly grave violation of a norm of intentional law.
- also stated by ECHR Stichting Mothers of Srebrenica 158

Question 2

Report of the Committee on the Admission of New Members Concerning the Application of Palestine for Admission to Membership in the United Nations

Answer 2

EILp. 127

Question 3

GA Status of Palestine in the United Nations

Answer 3

EIL p. 128

Question 4

ICJ Reparation for Injuries 1949 (Advisory Opinion)

Answer 4

The United Nations must be recognized as a LEGAL PERSON UNDER INTERNATIONAL LAW. It was the intention of the drafters of the Charter to create such legal person. It was not explicitly reflected in the Charter, but it was reflected IMPLICITLY.

Question 5

PCJ S.S. Lotus case

Answer 5

States as a matter of principle are ONLY BOUND TO RULES of public international law that they have CONSENTED TO (explicitly or implicitly).
r.o 44

Question 6

Formal scope of application

Answer 6

Treaties are binding to states that have become party to the treaty.

Most important form of application!

Question 7

Temporal scope of application

Answer 7

Treaties create rights and obligations for states, but only after the treaties have been concluded. There is NO retroactive effect.

Question 8

Material scope of application

Answer 8

A treaty only creates rights and obligations in relation to the subject matter of the treaty.

Question 9

Usus

Answer 9

PRACTICE that states have followed for a certain period of time which is UNIFORM and CONSISTENT.

Customary law

Question 10

Opinio iuris

Answer 10

States are CONVINCED that the practice is allowed or obligated.

Customary law

Question 11

ICJ Case concerning the Arrest Warrant of 11 april 2000 (DRC v. Belgium)

Answer 11

Inviolability of people: high ranking officials and temporary representatives (diplomats).

Question 12

Persistent objector

Answer 12

A state which IMMEDIATELY and STRONGLY disapproves a specific rule of international CUSTOMARY law is by exception not bound.

Only in case of JUS COGENS every state (without exceptions) is bound.