Quiz 2 Flashcards
What are the three principles of extraterritoriality, and can you give an example for each?
Canada may claim extraterritorial jurisdiction over an act committed by a Canadian citizen in Ethiopia; this is known as the nationality principle.
A State may claim extraterritorial jurisdiction over an act that, although carried out abroad, has negative effects on the territory of said State; this type of claim is founded on the effects or protective principles.
A State may claim extraterritorial jurisdiction over an act committed abroad when the nature of said act renders it open to universal jurisdiction.
How does male captus bene detentus apply to the Eichman case?
The abduction of Eichmann constituted a violation of international law only if the individuals who carried it out were acting in representation of the Israeli (or some other foreign) government.
The UN Security Council confirmed Israel’s violation of Argentina’s exclusive territorial jurisdiction.
By apologizing to Argentina (and therefore admitting its participation in the abduction) and yet continuing with Eichmann’s trial, Israel was applying the principle of male captus bene detentus.
What is the UN Charter, what is its main objective, number of memebrs and foundations?
The Charter reaffirms the Westphalian foundations of the international system by recognizing the sovereign equality of States and non-interference in the domestic affairs of States as two of its general principles.
The Charter did not create new rules of international law; it only codified rules already in force as customary international law.
Any of the permanent members of the Security Council can unilaterally block the admission, suspension or expulsion of a State.
There are 51 original members to the Charter, which are the States that signed the treaty at the San Francisco Conference in 1945 (and Poland).
Which UN organs are made up of people?
The Secretariat and the International Court of Justice are UN organs made up of individuals – and not of States.
What is one of the SG’s main functions?
One of the Secretary-General’s main functions is to bring to the attention of the Security Council or the General Assembly any matter which s/he thinks may threaten international peace and security.
Explain collective security
Collective security refers to an ideal arrangement according to which the unlawful use of force by one State against another will be met by the combined strength of all other States. The first goal of collective security is not to confront aggressors with a collective response but rather to deter future would-be aggressors.
which articles in the UN charter refers to collective security and how.
Only exceptionally have acts of aggression been countered with “Article 42” measures.
U.N. (traditional) peacekeeping (PKO) and peace-enforcement (PEO) operations are distinct in terms of the following:
PKOs pre-suppose a cease-fire – even if a fragile one; PEOs do not.
PEOs imply active military fighting against one of the sides in the conflict; PKOs do not.
PKOs are not intended to favour any particular outcome of the bargaining process between the disputing parties; PEOs are.
PKOs are usually welcome by all parties in a conflict; PEOs are not.
What 5 explanations of IL complience are commonly found in IR scholarship?
States comply with international law in order to secure reciprocal compliance by others.
States comply with international law in order to build a reputation as a reliable partner, which is a long-term strategy to secure the benefits of (future) international cooperation.
States comply with international law because they are persuaded to do so by normative arguments, and, ultimately, socialized into internalizing the norms reflected in the law.
States comply with international law because it is enforced by stakeholders through domestic courts and other domestic institutions and mechanisms.
States comply with international law in order to avoid the retaliatory sanctions imposed by others when international law is breached.
What is a countermeasure in IL enforcement?
Countermeasures are acts of unilateral law-enforcement made in response to a prior internationally wrongful act; they require legal justification because they would constitute wrongful acts in otherwise normal circumstances.
Which use of force COULD NOT be legally justified (without the authorization of the UN Security Council)?
A State using force against another State as a response to an armed attack estimated to occur in the future.
What did the court conclude in the Nicaragua v US case?
United States violated the prohibition of the use of military force against another state.
United States violated international humanitarian law.
United States infringed upon Nicaragua’s territorial sovereignty.
United States was responsible for the interruption of peaceful maritime commerce.
United States interfered in Nicaragua’s internal affairs.
In the 2003 Iranian oil platforms case, why did the ICJ determine that the United States did NOT breach its legal obligations owed to Iran under the Treaty of Amity?
Because the U.S. attacks on the Iranian oil platforms did not infringe on the freedom of commerce between Iran and the United States.
What did the ICJ establish in its AO on the legality on the use or threat of nuclear weapons?
In general, the use of nuclear weapons cannot be reconciled with jus in bello principles such as those of distinction and unnecessary suffering.
Outside of an “extreme circumstance of self-defense,” the use of nuclear weapons is generally incompatible with international humanitarian law.
In “extreme circumstances of self-defense under which the very survival of the State would be at stake,” the legality of the use of nuclear weapons is unclear.
There is no general ban in international law on the use of nuclear weapons per se.
Explain the goals human rights treaties and their compliance problem.
Human rights treaties establish legal relations between States and individuals. They seek primarily the protection of individuals from abuse from their own State.
Reciprocity, as an incentive to comply with and enforce treaties, is practically absent in calculations of compliance with or enforcement of human rights treaties.
