Week 1 Flashcards
2 types of adjudicatory (oordelende) bodies with International Dispute Settlement
1) ICJ = permanent
- organ of UN
2) ad hoc = temporary
4 Methods of consent
1) special agreement
2) compromissory clause
3) optional clause declaration
4) forum prorogatum
Special agreement (2x)
- North Sea Continental SHelf
- retrospective
Compromissory clause (3x)
- prospective
- ICC
- Law of the sea/UN convention
Optional clause declaration (1x)
Accepting jurisdiction of ICC
Forum prorogatum (4x)
- Retrospective
- Accepting jurisdiction for specific case
- last resort
- one time only basis
Customary international law 2 elements
1) State practice
2) Opinio Juris
State practice
Followed as general practice among states
Opinio Juris
Accepted as legally binding
International wrongful act (CHAGOS) 2 elements
1) attribution: conduct/act/omission by a state
2) breach: act or omission not in conformity with international rule
Legal consequences (4x)
1) Cessation & non-repetition (= stopzetting)
2) Remedies for preventing
3) establishing the situation prior to the wrongful act
4) reparations
3 types of reparations
- restitutions
- compensation
- satisfaction
Constituent treaty
Treaty that establishes an international organization –> UN-Charter
3 exceptions to general presumption of normative quality
- peremptory norms (jus cogens = dwingend recht)
- obligation erga omnes (= whole international community)
- obligations UN charter
Acquisition of new territory (4)
1) cession (= overdracht)
2) accretion (= aanwas door natuur)
3) occupation (= was nog van niemand)
4) conquest
Negative obligation
non-action is required
Positive obligation
States must adopt measures in order to fulfill their obligations
tripartite typology
1) respect (= refrain)
2) protect (= preventing)
3) fulfill (= take action)
Functions ICCPR Human rights Committee (3)
1) monitoring
2) enforcement individual complaints
3) interpretation
Extraterritorial application
Whether human rights law can apply in circumstances in which a state is exercising jurisdiction of its territory.
Personal Model
Physical power & control over a person
Spatial model
Effective control over an area
Conditions to derogate from human rights obligations (3)
- public emergency certain gravity
- emergency is actual or imminent
- measures must be strictly required
Territorial principle
State has jurisdiction over all acts, whether criminal or not, committed on its territory and over everyone located on the territory of a state.
Objective territory
Effects of an offence that a state will have jurisdiction over; completed on its territory, eventhough some elements took place abroad.
Subjective territory
State has jurisdiction over all acts that are completed abroad as long as they are initiated or planned on territory of state in question.
