Test Flashcards
What does it mean that international law
is based on state consent
The states are the key actors of international law: since they are not supposed to accept any authority from above, unless they consent to do so, voluntarily..
To the international law have legal effects the states must first have agreements with each other and consent it actions voluntarily, the states are not obligated to do anything
analyze and describe the system of collective security in the UN
Their main concern it is to keep the international peace, making recommendations and deciding what measures taking
The collective security system is activated if the Security council finds a threat to peace, an act of aggression or a breach of peace
international human rights law
Human rights must be always recognized, doesn’t matter the country or the government.
The most developed system of human right protection is offered by the European Court of Human Rights. The convention guarantees the right to life, of a fair trial, and all the basic liberties.
Art 31.1 of the 1967 Vienna Convention objectives, content and limitations interpretation
A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and clear about its object and purpose.
This is the general rule of interpretation for treaties, which aims to respect the intention of the parties and the legal effect of the treaty³.
INTERPRETATION - Recourse may be had to supplementary means of interpretation, including the preparatory work of
the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the
application of article 31, or to determine the meaning when the interpretation according to article 31:
(a) leaves the meaning ambiguous or obscure; or
(b) leads to a result which is manifestly absurd or unreasonable.
Establishes rules and procedures for treaty conclusion, amendment, reservation, interpretation, termination
It unfolds an objective method focused on the meaning of the text in order to frame interpreters’ discretion.
It is argued that the method of Article 31 VCTL is appropriate to reduce uncertainty in international investment law and arbitration.
Principles of human rights law
Human rights law is based on principles of dignity, equality, and mutual respect. The following are some of the principles of human rights law:
Right to life
Freedom from torture and inhuman or degrading treatment
Freedom from slavery and forced labour
Right to liberty and security
Right to a fair trial
No punishment without law
Human rights are inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status
All humans should enjoy right simply because of their nature, by virtue of human dignity
what does it mean that government exercise their jurisdication extraterritorially? discuss provideing examples
is the situation when a state extends its legal power beyond its territorial boundaries.
The following are examples of extraterritorial jurisdiction:
Cases where a signatory state exercises ‘effective overall control’ over another territory.
Cases where either state authorities act abroad or their actions produce extraterritorial effects.
Extradition or expulsion cases involving the risk that an individual’s rights will be violated once he leaves the territory of the signatory state.
Diplomatic, consular, and flag jurisdiction cases.
Analyse the principle and the legal requiments of self-defence
Under international law, self-defensive force must observe two chief principles: necessity and proportionality 2. Necessity requires that states resort to force as a sole resort available to defend itself against a threat. Proportionality requires that the force used must be proportional to the threat posed 2.
Describe the evolution of international criminal law, bring crimes pursued and the international tribunals hearing cases
International cirminal law was envolved a lot after the second world war
The most notorious was in 1945-1946 - The Allies set up the Nuremberg and Tokyo tribunals to try German and Japanese war leaders respectively.
International law is not really law, discuss
It is law, since there is rules, procedures and mesearus, limits, rights and obligations to be followed by the states then that is law.
Criteria for statehood under international law
Defined territory: A state must have a defined territory that is recognized by other states.
Permanent population: A state must have a permanent population that resides within its defined territory.
Government: A state must have a government that is capable of exercising effective control over its defined territory and permanent population.
Capacity to enter into relations with other states: A state must have the capacity to enter into relations with other states.
Key princeples of international humanitarian law and key legal issues
It is a set of rules that seek to limite the effects of armed conflict and to minimize human suffering
the main keys are:
The distinction between civilians and combatants.
The prohibition of attacks against those out of combat.
The prohibition of unnecessary suffering.
The principle of proportionality.
The notion of necessity.
The principle of humanity
Key maritime zones, how are they regulated
The United Nations Convention on the Law of the Sea (UNCLOS) is a treaty that governs all aspects of ocean space, including delimitation of maritime boundaries, environmental regulations, scientific research, and management of marine natural resources. UNCLOS provides a framework for regulating maritime zones and their use by coastal states and other actors. It establishes rules for determining maritime boundaries between states and provides guidance on how to manage shared resources in overlapping maritime zones.
In summary, maritime zones are regulated by international law through treaties such as UNCLOS. The rights and responsibilities of coastal states and other actors in these zones are defined by these treaties and other international agreements 12.
Customary law is one of the sources of international law, providing examples
Abalyse the key principles and rules of the 2001 Draft articles of State Responsibility for Internationally wrongful Acts of the International Law Commission (ILC)
The general principles and rules are further divided into two chapters. Chapter I outlines the general principles of state responsibility, including the responsibility of a state for its internationally wrongful acts. Chapter II discusses the attribution of conduct to a state, including the conduct of organs of a state, persons or entities exercising elements of governmental authority.
The implementation of state responsibility includes provisions on countermeasures, invocation of responsibility, and reparation.
The articles are considered the primary sources of international law. They are used by international courts, jurists, and member states of the United Nations to determine whether a state has committed an internationally wrongful act and to establish the legal consequences that flow from such an act.
The 1945 UN Charter prohibits the use of force. Bring examples, discussing any limitation and exception.
there are also some limitations to the prohibition on the use of force. For example, some scholars argue that there is a customary right to use force in cases of humanitarian intervention, although this view is controversial and not widely accepted. Additionally, some states have argued that they have a right to use force in response to non-state actors who threaten their security, although this view is also contested.
