Terrorism Lecture 1 Flashcards
What are some key defining elements of international law?
- International law is defined as the relationships between states; it is a state based system
-Decentralised structure
What are the Westphalia peace treaties?
From 1648, this was the moment when we shifted from a medieval system to a modern system, based on the cooperation between states. The model we have now is called the Westphalian model, based on hierarchies and sovereignties.
What are the relationships of states with their people, and with other states, in terms of hierarchies?
Within states, there is a hierarchical relationship between the state and its people. The state itself has sovereignty to make laws, adjudicate them etc. It is a top down/vertical relationship.
Between states, the relationship is bilateral, meaning states are equal sovereign entities, and do not have the right to interfere with/govern internal sovereignties of an individual state that is not their own.
What organisation oversees external sovereignty between states?
The United Nations. The General Assembly, within the UN, has representatives from every state, who all have an equal vote. In the Security Council, there are 5 member states who have permanent status (and veto power), China, France, Russia, United Kingdom, and United States, and there are 10 states who rotate according to General Assembly elections, and change every 2 years.
How do states make laws?
Through treaties. These laws only count if the states consent. If a state does not consent, the law does not apply to them. This maintains the principles of internal and external sovereignty
What does adjudication mean in the context of international law?
The formal resolution of disputes between states, organisations, or individuals by an impartial judicial body, such as the International Court of Justice (ICJ) or other tribunals. It involves applying international legal principles to reach binding decisions. Unlike diplomatic negotiation or mediation, adjudication relies on legal arguments and evidence, and the ruling is enforceable under international law.
How do states enforce laws in international law?
States have the burden of enforcing laws on each other, since their is no police force etc. This can be done through state pressures, the ICC, sanctions etc.
What are states obliged to do when they sign a treaty?
- Enact and enforce the law according to the treaty
- Exercise jurisdiction against internal (or external, in applicable cases) breaches of the law
- If you consent to a treaty and don’t adhere to/enforce it, you can be deemed a rogue statue, which can affect how other states interact with you, and your sovereignty can be questioned.
Is there a consensus on the definition of terrorism?
No- there are regional and international treaties on it, but no widely agreed-upon definition. Terrorist conventions will define what specific actions are criminal under terrorism, but will generally go no further to make an all-encompassing definition. “One man’s terrorist is another’s freedom fighter”. There is further controversy about whether the definition should include state terrorism (dictatorial states can commit terrorism). Religious, cultural and historical factors further muddy the waters.
What are some key facts about treaties?
- They are the main source of international law
- They are created and interpreted
- States can make reservations to them
- Treaties end if a situation changes
- The Vienna convention on the law of treaties is a treaty on treaties
Why is terrorism so hard to define?
- Political, religious, ideological and social factors: different motivations and objectives, which conflict across regions, make it hard to ‘pin down’ an all-encompassing, general definition (one man’s terrorist is another man’s freedom fighter)
- Context and perception: the distinction between terrorism and other forms of violence/crimes is arguable
- State actors v. non-state actors: the concept of terrorism is often associated with non-state actors, however states have been accused of terrorism too, further complicating the definition
- Evolving nature of terrorism: the development of tactics (such as cyber-terrorism and lone-wolf attacks) make it hard to have a relevant definition
What is the Vienna Convention on the law of Treaties?
The guiding treaty to govern treaties. It reflects customary international law, covering treaty formation, interpretation, reservations, obligations, and conditions for termination or suspension. Key principles codified include:
Good Faith: Treaties are binding and should be performed in good faith.
Material Breach: A breach can lead to suspension or termination of treaty obligations.
Fundamental Change of Circumstances: If there is a significant change, this can affect the treaty’s validity.
How do states adopt new obligations in international treaties?
- States meet
- They negotiate on a problem
- They ‘adopt’ the formal approval of a treaty’s final draft
- They sign
- They ratify
- The treaty enters into force
What does ratification mean?
If a government signs a treaty (as representatives of the state) the internal/state parliament must accept it. Ratification is the consent to be bound. If there is a dictatorship without parliament, the dictator just needs to accept once. The signing is the finishing of the negotiations process, and is somewhat of a symbolic act. Ratification sets consent into stone. The consent of the government is often dependent on the parliament.
What does article 18 of the Vienna convention (1969) say?
Article 18 states that even when a treaty has been signed and not ratified, you cannot do something that goes against the purpose of the treaty, despite not ratifying it and it is not formally enforced yet. If this occurs, other state’s must hold them accountable.
What is the term for a state that has expressed their consent?
Party!
What is a contracting state?
A state which has consented to be bound by the treaty, whether or not the treaty has entered into force.
To what extent is a state’s sovereignty limited if they are part of an international treaty?
It is not limited, because they consented to be bound, unless specifically indicated in the treaty. They consent to sign up to obligations, and in this way they no longer have the sovereign right to not follow through on their obligation(s).
What is a reservation?
When a state signs up to be part of a treaty, they can make a reservation, meaning that they don’t consent to the entirety of the treaty.
A reservation is a unilateral statement (i.e. made by one state alone, not in agreement with other states) made by a state when signing, ratifying, accepting, approving, or acceding to a treaty, aiming to exclude or modify the legal effect of certain treaty provisions for that state. Reservations allow states to modify treaty obligations while joining multilateral treaties. They must not undermine the treaty’s core objectives and are regulated by the VCLT.
States can make reservations to specific treaty provisions.
Consent to treaties does not negate sovereignty but requires adherence to agreed obligations.
Reservations are usually allowed unless a treaty explicitly prohibits them or they conflict with the treaty’s object and purpose. In cases of multilateral treaties with few parties, where complete application of the treaty is essential, reservations may be prohibited to maintain the integrity of the agreement.
General Rule: If another party objects to a reservation, it cannot be invoked in relations between the reserving and objecting parties. However, if the objecting party remains silent, the reservation is valid between them.
How is the decentralised structure of international law characterised?
- Law making through treaties
- Adjudication
- Enforcement is through state responsibilities
What is a treaty?
A formal agreement between two or more sovereign states or international organisations, governed by international law. Treaties can be bilateral (between two parties) or multilateral (involving multiple parties).
What is a convention?
A specific type of treaty that typically refers to a multilateral agreement, often established to regulate specific issues or areas of international concern. Conventions usually have broader participation and are often open for signature by multiple states.
What are arbitration proceedings?
A method of resolving disputes outside of traditional court systems, where parties involved agree to submit their conflict to one or more arbitrators. Arbitrators are neutral third parties who review evidence and make a binding decision (arbitral award).
What is lex arbitri?
Applicable law. Refers to the law that governs arbitration proceedings.