Resumen examen Flashcards
Definition of International Law
International Law refers to a set of rules, norms, and standards that govern the relations between sovereign states and other international actors. It establishes legal obligations and rights, aiming to promote peace, justice, and cooperation on a global scale.
Subjects of International Law 🏛️
The primary subjects include:
States: Sovereign entities with defined territories and governments.
International Organizations: Entities like the United Nations that facilitate cooperation between states.
Individuals and Non-State Actors: In certain contexts, individuals, NGOs, and liberation movements can have rights and duties under international law.
Definition of a State
political entity with sovereignty over a defined territory and population.
Elements of Statehood (Montevideo Convention):
Permanent Population 👥
Defined Territory 📍
Government 🏛️
Capacity to Enter into Relations with Other States 🤝
Problematic Cases:
❓ Sealand 🇬🇧🏝️ – A micronation on an abandoned sea fort, but lacks recognition.
❓ Palestine 🇵🇸 – Recognized by some countries & organizations but not universally.
❓ Taiwan 🇹🇼 – Functions independently, but China claims it as part of its territory.
International Organizations 🏢
Characteristics:
📜 Established by treaties ✍️
🏢 Have permanent structures
⚖️ Can create international obligations
Examples of IOs
🇺🇳 United Nations (UN)
🏛️ International Court of Justice (ICJ)
💰 International Monetary Fund (IMF)
🌍 World Trade Organization (WTO)
C. Atypical Subjects of International Law
Holy See/Vatican City: Religious and sovereign entity.
Sovereign Military Order of Malta: A chivalric order with certain sovereign privileges.
National Liberation Movements: Groups recognized as representing peoples seeking self-determination.
Individuals: Under certain circumstances, individuals can be subjects, especially in human rights and international criminal law contexts.
⚖️ Primary Sources (Article 38, ICJ Statute)
International Conventions (Treaties): Formal agreements between states.
International Custom: General practices accepted as law.
General Principles of Law: Fundamental principles recognized by civilized nations.
Judicial Decisions and Scholarly Teachings: As subsidiary means for determining rules
Formal agreements between states that are legally binding.
Treaties ✍️
Process of Conclusion of Treaty: Part 1
Negotiation
Discussions to reach agreement terms.
Process of Conclusion of Treaty: Part 2
Adoption of Text
Formal acceptance of the treaty text.
Process of Conclusion of Treaty : Part 3
Authentication
Verification of the text’s accuracy.
Process of Conclusion of Treaty : Part
Expression of Consent
States indicate their consent to be bound, often through signature or ratification.
Process of Conclusion of Treaty : Part
Expression of Consent
The treaty becomes legally binding as specified within its provision
Unilateral statements by a state to exclude or modify certain treaty provisions in their application.
Reservations:
Reservations´criteria
Must not be prohibited by the treaty and should be compatible with its object and purpose.
Example: A state may reserve the right not to apply a specific article of a human rights treaty.
What treaty regulates the Termination of Treaties
(Vienna Convention Articles 54, 56, 60
According to article 54 of Viena convention: Termination of a treaty can be by consent of the parties.
true
Article 56 Viena Convention, Withdrawal if 1. the treaty allows or
Article 56 Viena Convention, Withdrawal if the treaty allows or 2. if all parties consent
Article 60, Termination of a treaty due to…. by another party
Termination or suspension due to a material breach by another party.
Practices and customs consistently followed by states out of a sense of legal obligation (opinio juris).
Customary International Law 🌐
Fundamental principles common to major legal systems, such as equity, justice, and good faith.
General Principles of Law ⚖️
Examples of General Principles of Law
Principle of Good Faith: Honesty in international dealings.
Principle of Equity: Fairness in the application of law.
4 ways of countries to solve conflicts:
1 Negotiation
2 Mediation
3 Arbitration: Consensual procedure for the final settlement based on the basis of law by adjudicators of their own choosing
4 International courts : judicial settlement
5 Resort to regional agencies: OAS, Council of Europe, African Union
📚 Subsidiary Sources of IPL
📖 Judicial Decisions & Teachings of Experts
What is Ius Cogens
Peremptory norms that cannot be violated or altered
Examples of Jus Cogens:
🚫 Prohibition of Genocide
🚫 Prohibition of Torture
🚫 Prohibition of Slavery
Lotus Case (1927) - Jurisdiction & Sovereignty
✅ A state cannot exercise jurisdiction outside its territory unless international law permits.
✅ BUT a state can exercise jurisdiction inside its territory unless international law prohibits it.
UN Charter (Art. 2.4): Use of force is prohibited, except:
✅ Self-defense (Article 51) 🛡️
✅ Security Council Authorization (Chapter VII) 🏛️
However… Art. 33 UN Charter – States must first attempt peaceful dispute resolution
Settles disputes between states & gives advisory opinions
International Court of justice
Membership of ICJ
15 judges elected for 9-year terms
Members of Security Council
15 Members:
✔️ 5 Permanent (🇺🇸 🇬🇧 🇷🇺 🇨🇳 🇫🇷) – Veto Power ❌
✔️ 10 Non-Permanent – Elected for 2 years
Explain Self-Defense (Article 51, UN Charter)
A state may use force if attacked until the Security Council acts.
💡 Example: 🇺🇸 U.S. action after 9/11
📌 Security Council Authorization:
✅ Gulf War (1991) – Council approved military action against Iraq 🇮🇶
Jurisdiction of ICJ
Jurisdiction (Article 36, ICJ Statute)
✅ Treaty Clauses 📜
✅ Optional Clause (Compulsory Jurisdiction) 🏛️
✅ Special Agreements 🤝
How much time must a party/ state give to withdraw a treaty
A party shall give not less that 12 moths notice
UN Principal Organs:
General Assembly
- Security Council
- Economic and Social Council
- Secretariat
- International Court of Justice
- Trusteeship council (for the colonized countries)
Whis is a dispute?
Specific disagreement concerning a matter of fact, law or policy in which a claim or assertion
of one
Contentious Jurisdiction
a. Between States
b. Binding judgment
Only states may be parties in cases before the ICJ?
true
Advisory Jurisdiction
a. For UN and UN specialized agencies
b. Non-binding opinions
Each member of the Security Council shall have one vote
Decisions of the Security Council on all other matter shall be made by an affirmative vote of 8
members including the concurring votes of the permanent members.?
no, 9 votes
