UNIT 3- The principles of public international law

Question 1

The principles of PIL:

Answer 1

1) The principle of prohibition of the use of force in International Relations

2) Self-determination of Peoples

3) Peaceful Settlements of Disputes

4) Non-intervention in Domestic Issues

5) Sovereign Equality of Members

6) Peaceful Cooperation of States

7) Fulfillment of Obligations

Question 2

1) The principle of prohibition of the use of force in International Relations

Answer 2

Member states are prohibited from using force or the threat of force in their international relations. The only exception is the right to self-defense, which is subject to strict conditions.

Question 3

2) Self-determination of Peoples

Answer 3

Description: All peoples have the right to determine their political status and pursue their economic, social, and cultural development without external interference.

Implication: This principle supports decolonization, autonomy movements, and the recognition of states in some contexts.

Example 1: Spain first declined their possession of colonies in Africa (Western Sahara and Equatorial Guinea) during the 20th century. Later, they accepted the independence of both territories, allowing the people their right to self-determination.

Question 4

3) Peaceful Settlements of Disputes

Answer 4

States should resolve their disputes peacefully through negotiation, mediation, arbitration, or other peaceful means, in accordance with international law.

Question 5

4) Non-intervention in Domestic Issues

Answer 5

States should refrain from interfering in the internal affairs of other states. This principle promotes respect for the sovereignty and
answers for the final exam 2
independence of each state.

Question 6

5) Sovereign Equality of Members

Answer 6

All member states are sovereign and equal. This principle emphasizes that regardless of their size, wealth, or power, states have equal standing in international law.

Question 7

6) Peaceful Cooperation of States

Answer 7

States must cooperate with other states to maintain international peace and security and promote the universal respect of human rights and fundamental freedoms such as elimination of discrimination, abuse and violation of human rights.

Question 8

7. Fulfillment of Obligations

Answer 8

States are expected to fulfill their obligations under international law in good faith. This principle underlies the general obligation of states to act honestly and sincerely in their international relations.
- in accordance to the UN Charter and international agreements of international law.

Question 9

Peaceful means for the settlement of International Disputes:

Answer 9

1. States are under a general obligation of conduct : to settle their international disputes by peaceful means.
2. Considering the principle of sovereign equality, States are free to choose what peaceful means they will use to resolve their International disputes. The parties have equal rights, so both parties can choose the peaceful means they consider.
3. Throughout the dispute the parties may agree to change the peaceful means.

Question 10

Non-Judicial peaceful means

Answer 10

• Diplomatic means
• Political means
• combination of means (conciliation, good offices, mediation)

Question 11

6 Non-Judicial peaceful means

Answer 11

1. Negotiation
2. Good offices
3. Mediation
4. Investigation. Evidence. Questionnaires. Enquiry.
5. Conciliation
6. The role of International organizations.

Question 12

1. Negotiation

Answer 12

• Let by government officials at meetings, conferences.
• The negotiation technique consists of direct conversations, exchanges and reciprocal consultation, between the representatives of the parties to the dispute, through the diplomatic services, Minister of Foreign Affairs, Head of state or government, to find a solution.
• At the bilateral level : diplomatic negotiation.
• At the multilateral level : international conference, international organization.
• Flexible procedure
• Sovereign equality of states
• Principle of compliance in good faith with international obligations.

Question 13

2. Good Offices

Answer 13

• Good offices is when a third party intervenes to carry out diplomatic negotiations between two states parties to an international controversy.
• The third person is invited or appears to perform the good offices.
• The third person, acting as good offices, uses his influence to establish, if necessary, contact between the parties.
• Finally, the parties involved in the dispute who have an agreement,
• The third person, that of good offices, serves to channel the dialogue between the parties involved in the conflict.

Examples : United states in the conflict between spain and morocco on parsley, Perejil island, 2002; Pop francisco in 2014 between the United states and cuba.

Question 14

3. Mediation:

Answer 14

• Similar to good offices
• The mediator not only facilitates contact between the parties involved in the conflict, but goes further to intervene and reconcile different points of view.
• Mediation can be requested by the parties to the conflict or by the offer of the third party. Not only does he visit the parties, but he proposes solutions and brings the parties together to negotiate.
• It can be carried out by the Head of State and Government, individuals, eminences, people with international prestige.

Examples : Pope Paul II in 1979, Beagle channel between Argentina and chile.

Question 15

4. Investigation. Evidence. Questionnaires. Enquiry.

Answer 15

• Establish a commission to identify the events : where, when, how happened and who was involved.
• 5 impartial members, decided by the parties involved, to collect the evidence, the facts.
• Impartial examination
• They ask the parties
• Procedure is secret
• The report is not binding

Question 16

5. Conciliacion:

Answer 16

• It is intervention in the settlement of an international dispute by a body without political authority, which has the confidence of the parties involved
• Consider all aspects of the conflicts and propose a solution to the conflict that is binding on the parties involved.
• It works through commissions, made up of five members. Each party elects one member and the other three are chosen by mutual agreement between parties.
• All elements of the dispute are subordinated to the conciliation commission, whose mission is to determine the facts, establish the applicable points of law, analyze the political elements and issue a report with a solution proposal, which is not binding.

Question 17

6. The role of International organizations.

Answer 17

• United Nations. Chapter 6 of the charter
• Security council, on its own initiative, Member state, or non-member state. Urges the parties to apply peaceful means to settle international disputes.
• General assembly. At the initiative of a member or non-member state of the UN article 35. As long as the dispute does not affect international peace and security, can make recommendations.
• Secretary general de la UN. He offers himself as a mediator or in good offices.
• Regional Agreements

Question 18

Peaceful judicial means:

Answer 18

1. International arbitration
2. International court of justice

Question 19

1. International arbitration

Answer 19

Historical Importance: International arbitration is one of the earliest jurisdictional means of resolving disputes.

Difference from Judicial Settlement: Arbitration bodies are temporary and created for specific disputes, unlike permanent international courts.

Arbitration Agreement: Essential for arbitration, it specifies procedural rules, applicable law, and dispute details. Recourse may be mandatory under treaties.

Composition of Arbitral Body: Parties decide the number and selection method for arbitrators, forming single- or multi-person panels.

Procedural Rules: Parties may specify rules, refer to the Hague Conventions (1899/1907), or let the arbitral body decide.

Binding Decision: The arbitral award is final, legally binding, and has res judicata effects, with no appeal.

Interpretation of Awards: Under Article 82 of the Hague Convention (1907), disputes over award interpretation may be referred back to the same arbitral court.

Question 20

International court of justice- role and membership

Answer 20

• The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN) as per Article 92 of the UN Charter.
• All UN member states are parties to the ICJ Statute; non-member states may also become parties.

Question 21

International court of justice- jurisdiction:

Answer 21

The ICJ has advisory and contentious jurisdiction:

1) Advisory Jurisdiction: Provides legal opinions on questions referred by the UN General Assembly, Security Council, or other UN organs, subject to limitations:
- Requires prior authorization from the General Assembly.
- Must concern legal issues related to the scope of the referring body’s functions.

2) Contentious Jurisdiction: Resolves international disputes, guided by the principle of free choice of means.

Question 22

International court of justice- composition:

Answer 22

• The ICJ comprises 15 judges of different nationalities, elected by the UN General Assembly and Security Council through simultaneous votes requiring an absolute majority.
• Judges serve 9-year terms, are eligible for re-election, and the court renews its composition every 3 years.
• Candidates must possess high moral standards and qualifications for the highest judicial functions or recognized expertise in international law.
• The court reflects global diversity in geography, legal systems, and civilizations.
  Judges are independent of their state of nationality.

Question 23

International court of justice- Representation:

Answer 23

• Historically, permanent members of the Security Council had judges on the court, but this is no longer guaranteed (e.g., no British judge since 2017).
• If a state party to a dispute lacks a national judge on the bench, it can appoint an ad hoc judge for the specific case.

Question 24

International court of justice- Procedures:

Answer 24

Cases begin with notification or a written request to the ICJ Secretary (Article 40 of the Statute), specifying the dispute’s object and parties.

Proceedings have two phases:
1) Written Phase: Includes submission of written documents (memorial, counter-memorial, replies, rejoinders).
2) Oral Phase: Includes public hearings, followed by court deliberations and the delivery of the judgment in a public hearing.