What is International Law Flashcards
Denmark and UNSC
2 Years mandate, Jan 2025-2026.
Priorities:
1. Standing up for International Law, including International Humanitarian Law,
2. and pushing for a more Accountable, Effective and Representative Security Council.
3. Implementing Women peace and security agenda.
International law
Includes rules, principles and concept governing international relations.
UN Charter
- Founding document of UN as an international organisation.
- Codification of major international principles (sovereignty). UN C 2(4)
- Base for six principal organs.
Treaties
Agreements between states. For the treatis to step into force it must:
1) Be signed by a legal personality,
2) Ratified by the state
- The treaty steps into force from when ratified by the required number except the treaty notes anything else.
Constitutionally independent
UN principal organs are independent of one another.
UN charter artikel 51
Right to self defence
Measures must be announced to UNSC
Measures of self defence should be proportionel
UN and legislature body
Does not have this.
Exists as a facilitator to make cooperation between sovereign states.
Sovereign equality to the law
Alle people (states) are equal to the law
UNC article 2(1)
Soft law
No binding force as treaties, but are more like guidellines and other agreements. If not following the agreement it can still lead to a bad reputation.
Law based international order
Political neutrality, meaning that all states, regardless of their power or influence, are subject to the same legal framework.
Binding agreements
Rules-based international order
Soft-law
Inconsistent interprettion
Iraq 2003 and Libya 2011
Parochalism
Narrow minded. To believe what exists from your own perspective is the right belief.
Cosmopolitanism
All human beings are member of the same state.
ICJ art. 38
Article of relevant international law sources.
1) International conventions
2) International customary law
3) The general principles recognized
4) Judicial decisions and the teachings of the most highly qualified publicists of the various nation
Primary rules vs doctrine of source (secondary rules) statue of international court of justice
Primary rules: 3 first points of art. 38
Secondary source, doctrine of sources: d) in art. 38
“judicial decisions and the teachings of the most highly qualified publicists as subsidiary means for the determination of rules of law”
Persistent objector
- A state that ever since the beginning of an customary law actively objects the states intention of having it as opinio juris and state act within it’s own borders. This can be communicated through an
1) official state statement,
2) diplomatic notes, (statement sent to other states)
3) Statement at IO ex. GA.
Customary law
Opinio juris + state practice
Several states must have the experience of they have a legal obligation as well as the act behind the legal obligation must be consistent and widespread.
Codification
The process of putting together a legal act
1.Making a customary law into a treaty. Usually ILC (under GA) makes a draft and this is a base for debate in GA or other diplomatic fora.
Reservations
When a single state has specific notes on a treaty that they not have opinio juris on and doesn’t want to be bound be, they can have a reservation. This might be if a customary law i adapted in a treaty and a State still wants practical includement in the treaty.
Unilateral declarations
A state creates a binding legal obligations.
- Nuclear weapons.
- If a state violates its obligation it can be settled as a dispute in ICJ.
Local custom
Danish exclusively norms of doing things (human rights).
GA resolutions
Can make recommendations but based on art 10 UN Charter: “may discuss any questions or any matters within the scope of the present Charter” and “may make recommendation”.
VCLT
Vienna Convention on the law of treaties
Treaties of treaties. How to shape them, define them and interpret them.
VCLT art. 31
General steps of treaty interpretation.
1) in good faith
2) Ordinary meaning
3) The treaty’s context
VCLT art. 32
If the meaning is
1) Obscure or ambigious
Travaux preparatoires can be used,
Pacta sunt servanda
VCLT art. 26
Agreements must be kepts.
Jus Cogens
VCLT art. 53,
Some rules of international law are so fundamental (like the prohibition of genocide) that NO treaty can violate them.
When is it jus cogens:
ICJ have been discussing them,
Scholarly writings, experts
State behavior.
VCLT art. 54
Withdrawal or termination of / from a treaty.
Lithuania withdrawal from Cluster munition Convention.
Montevideo Convention
The Montevideo Convention outlines four criteria for statehood, but meeting them doesn’t guarantee recognition.
Decaltory doctrine.
15 States ratified.
Many states refers to the criterias for statehood from Montevideo convention.
Permanent Population
Defined Territory
Government
Capacity to Enter into Relations with Other States
The Constitutive doctrine
An entity is not considered a state unless recognized as such by other states
Rome Statute
Established the ICC to investigate and prosecuting individuals for the most serious crimes of international concern:
Oslo Accords
The Oslo Accords were a series of agreements reached between Israel and the Palestine Liberation Organization (PLO) in the 1990s.
The goal of the Oslo Accords was to achieve a peaceful resolution to the Israeli-Palestinian conflict.
State jurisdiction
A state’s authority to legislate a person, property and events.
Territorial Jurisdiction
The basic principle that state has jurisdiction of crimes happening within their own borders.
Subjective territorial principle
A state have jurisdiction over a crime which leading imitatives happened within their borders.
Objective territorial jurisdiction
If a crime is committed and completed within a state, the state has objective terriotrial jruisdiction
Nationality principle
Allows a state jurisdiction to their own nationalities who committed a crime in other countries.
Universal jurisdiction
Grants a State jurisdiction over any nationalities if committed crime against humanity.
Case: Pinochet, Spain claimed universal jurisdiction when he was in the UK to get medical help. Didn’t get extradited. Proceedings started in Chile.
Extradition
An agreement between states to surrender a convicted individual to another state.
State immunity
A custom law, treaty was made, only 8 ratifications, therefore not guilty due to what was written.
State immunity, or sovereign immunity, is a legal principle that prevents a state from being sued in another country’s courts without its consent.
It ensures states are treated as equals under international law and protects their sovereignty.
Exceptions apply, such as for commercial activities or cases where the state waives its immunity.
Jure gestionis
A state might have a part or own a private business, this private business (Airline) is not a part of state immunity.
Immunity rationae persone
Immunity of high ranking persons.
Head of state
Ministers of Foreign Affairs
Immunity rationae materia
Immunity of state officials.
High Seas
No state has soverignity in high seas areas. Free right to passing, fishing and pipelines. Must be discussed.
Normal baseline
Low water baseline. Up to 12 miles.
Straight baseline
Connects points of the coast, if there are deep cuts in the coastline. + Island visicinity.
Archipelago baseline
A state surrounded by one or more archipelagic (Philippines and Japan)
Internal waters
Landward waters gives state complete soverignity.
Territorial sea
From landward baseline to seaward. Foreign state has the right to innocent passage but not to stop or anything.
Transit passage
Assures transit from one high sea or EEZ to another.
Exclusive Economic Zone
EEZ. Seaward side of the baseline. Other States has the right to innocent passage, but the State who own the territory has the right to exploit its resources.
200 nautical miles from baseline.
Crimes on high seas
Right to jurisdiction under your flag, but there are exceptions as slavery and piracy.
Flagship jurisdiction
Crimes occuring on the flagship ship is under the flags juristiction.
UN primary mandate
Maintaining international peace and security.
General assembly
- Platform to debate about any matters within present charter (article 10)
- Makes recommendations.
- Sets UN budget.
- All member States
- One vote pr member state.
- Important questions 2/3
- Other questions (majority)
- Selects E10 for UNSC,
- Elects judges for ICJ.
- Can establish peace operations.
Security Council
Operates under UNC Chapter VII.
Primary responsibility: To identify threats to international peace and deciding action according to these.
5P
10E
3A
2 year term
Violated UN Charter 2(1): All states are sovereign equal.
Peace enforcement
Peace keeping
Peace enforcement
UNSC has the mandate to authorize military action in areas with conflict, if they asses it disturbs the international peace.
All parties´s consent of the military involvement is not required.
Peacekeeping
Blue helmets, limited amount of weapons. Used to maintain peace. All parties are in consent of the involvement.
International Court of Justice
State partied ratifies ICJ can send and application to ICJ if there is an dispute / disagreement of another state party of a treaty doesn’t fulfill its obligations.
ECOSOC
Economic and social council.
Initiates studies.
Research and store information.
Secretariat
Carries out formal processes of UN.
Unpartial to their member state.
Puts treaties into the database of treaties.
Trusteeship council
Out of function. Used to oversee non-self governing territories, to assist the territory to a free political institution and self-government.
Women, Peace and Security
Aims:
- Include women in peacebuilding,
- Protect women,
- Prevent inequality.
Global South is in lead of implementing National Action Plans to imlementing WPS agenda.
VETO Land mark resolution
When a P5 VETOes it is invited to GA to elaborate why.
Factors hindering SC maintain international security and peace
1) Veto
2) Lack of representiveness
3) Rise of alternative forums
International bill on human rights
United Declaration on Human Rights (1948, GA resolution)
International Covenant of Civil and Political Rights (e. 1976)
International Coveant on Economic, Social and Cultural Rights (e. 1976)
Parts of UDHR are codified into ICCPR & ICESCR
United Declaration on Human rights
GA Resolution, 1948. Foundation for development for HR treaties.
International Coveant on Civil and political Rights
Multilateral treaty.
UNHRC
2006.
Replaced Commision on Human Rights.
Forum for dialogue ad cooperation, adression human rights violation.
3 regular sessions a year
47 members
GA elects them
Tools:
1. Universal Periodic Review
2. Special Rapporteurs
3. Special Sessions
Universal Periodic Review
4½ year member states get reviewed whether not they follow the states human rights situations.
Special rapporteurs
Uses special procedures to examine and address human rights.
If a state won’t allow them in, they still do a research.
Subject specific and country
Differences between HRC and CHR
HRC is the one taking over after CHR. HRC has a marginal diversity of membership with more ‘free states’ according to Freedom House.
Drafting history
Suplementary means
Travaux preparatoires
Drafting history
Wording
Dictionary and common usage
Context
Within the relevant paragraphs,
Within the same treaty
Object an purpose
To be found in the preamble or potentially in the travaux prepatories.
Practice
Whose practice
Opinio juris identify
- Statement by other statement represantives
- UN resolutions/declarations (debates / explanation of votes)
- Responses to ILC drafts
- Responses to other states
Recognition of a State
Montevideo criteria + state recognition by other states
Constitutive theory
Recognition by other states
Declatory theory
Meets the minimum criteria for statehood (Montevideo)
Ways a state can be born
- Two states join (two Germanies)
- Existing states dissolves (Soviet Union and former Yugoslavia)
- Consent
Scede
To withdraw from membership.
A part of a state wish to scede from another state (Serbia, where Montenegro and Kosovo seceded).
ICC
The ICC’s authority rests on the Rome Statute, which grants it jurisdiction to investigate and prosecute individuals for grave international crimes.
Based in the Rome Statute, entered into force 2002 (ratified) (signed in 1998).
Not within the UN - but discussed in GA
Rome Statute
Mandate to practice jurisdiction over persons for most serious crimes.
Article 120: No reservations
Article 124: ICC has no jurisdiction over a State Party the first 7 years of its ‘treading into force’.
Oslo accords
First direct agreement to a Palestine/ Israel peace agreement. Both sides pledged to end their decades long conflict.
Personal jurisdiction
Evolving around the defendant.
Has the court the authority to adjudicate the rights and liability of the defendend.
The defendant must have some minimum contact to be adjudicated in a specific state.
Alexander Orakhelashvili, Akehurst’s Modern Introduction to International Law, 8th edition, 2019 (chapter on jurisdiction, 213-227, 15 pages)
Denmark’s power distribution
1) Legislative or prescriptive jurisdiction
2) Judicial or adjudicative jurisdiction
3) Enforcement jurisdiction
Alexander Orakhelashvili, Akehurst’s Modern Introduction to International Law, 8th edition, 2019 (chapter on jurisdiction, 213-227, 15 pages)
Extradition
A state can exercisise jurisdiction on their own citizens, despite they fleed to another country, as there is a Extradition treaty.
Alexander Orakhelashvili, Akehurst’s Modern Introduction to International Law, 8th edition, 2019 (chapter on jurisdiction, 213-227, 15 pages)
Nationality principle
If a French citizen commits a crime in the Phillipines, France could prosecute that person under french law.
Allows a state jurisdiction to their own nationalities who committed a crime in other countries.
Alexander Orakhelashvili, Akehurst’s Modern Introduction to International Law, 8th edition, 2019 (chapter on jurisdiction, 213-227, 15 pages)
Effects Jurisdiction
Jurisdiction based on harmful effects felt within the country, even if the act occurred elsewhere.
Alexander Orakhelashvili, Akehurst’s Modern Introduction to International Law, 8th edition, 2019 (chapter on jurisdiction, 213-227, 15 pages)
Jure iimpire
State immunity
Are acts of a sovereign nature and are subjected to immunity
Anders Henriksen, International Law, 2nd edition, 2019 (chapter on immunities, 98-113, 16 pages)
Jure gestionis
A state might have an airline or other private businesses, and if these businesses are challenging foreign law, the state will be held accountable.
Anders Henriksen, International Law, 2nd edition, 2019 (chapter on immunities, 98-113, 16 pages)
Adjudicative jurisdiction
A state cannot be sued before a foreign court except it gives consent.
Anders Henriksen, International Law, 2nd edition, 2019 (chapter on immunities, 98-113, 16 pages)
Enforcement jurisdiction
The power of a state to investigate, arrest, prosecute, punish, or otherwise enforce the law against persons present within its territory or aboard vessels or aircraft bearing its nationality.
Anders Henriksen, International Law, 2nd edition, 2019 (chapter on immunities, 98-113, 16 pages)
Immunity rationae persone
Immunity of the (relevant person), high ranking officials.
Anders Henriksen, International Law, 2nd edition, 2019 (chapter on immunities, 98-113, 16 pages)
Immunity rationae matriea
Immunity of people who serve certain funtions of the state.
Anders Henriksen, International Law, 2nd edition, 2019 (chapter on immunities, 98-113, 16 pages)
Conventions state immunity
1) European convention on state immunity
2) UN Convention on jurisdictional immunity of states and their property
Anders Henriksen, International Law, 2nd edition, 2019 (chapter on immunities, 98-113, 16 pages)
Pivotal of law-based to rules-based
2003 invation in Iraq
UNSC Resolution 1441
Paragraph 13
UN C article 51
National vs. international law
National:
- Created by national legislatures
- State’s jurisdiction
- Enforced by police, courts and government agencies
International:
- Based on treaties and customary law
- Governs states
- No enforcement authority
- Can be forwarded to ICJ, but only risks bad reputition.
National law comes before International as stated in UNC art. 2
