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IIL > What is International Law > Flashcards

What is International Law Flashcards

1
Q

Denmark and UNSC

A

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.

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2
Q

International law

A

Includes rules, principles and concept governing international relations.

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3
Q

UN Charter

A
  1. Founding document of UN as an international organisation.
  2. Codification of major international principles (sovereignty). UN C 2(4)
  3. Base for six principal organs.
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4
Q

Treaties

A

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.
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5
Q

Constitutionally independent

A

UN principal organs are independent of one another.

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6
Q

UN charter artikel 51

A

Right to self defence
Measures must be announced to UNSC
Measures of self defence should be proportionel

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7
Q

UN and legislature body

A

Does not have this.
Exists as a facilitator to make cooperation between sovereign states.

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8
Q

Sovereign equality to the law

A

Alle people (states) are equal to the law

UNC article 2(1)

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9
Q

Soft law

A

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.

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10
Q

Law based international order

A

Political neutrality, meaning that all states, regardless of their power or influence, are subject to the same legal framework.
Binding agreements

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11
Q

Rules-based international order

A

Soft-law
Inconsistent interprettion
Iraq 2003 and Libya 2011

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12
Q

Parochalism

A

Narrow minded. To believe what exists from your own perspective is the right belief.

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12
Q

Cosmopolitanism

A

All human beings are member of the same state.

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13
Q

ICJ art. 38

A

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

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14
Q

Primary rules vs doctrine of source (secondary rules) statue of international court of justice

A

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”

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15
Q

Persistent objector

A
  • 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.
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15
Q

Customary law

A

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.

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16
Q

Codification

A

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.

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17
Q

Reservations

A

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.

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18
Q

Unilateral declarations

A

A state creates a binding legal obligations.

  • Nuclear weapons.
  • If a state violates its obligation it can be settled as a dispute in ICJ.
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19
Q

Local custom

A

Danish exclusively norms of doing things (human rights).

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20
Q

GA resolutions

A

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”.

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21
Q

VCLT

A

Vienna Convention on the law of treaties

Treaties of treaties. How to shape them, define them and interpret them.

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22
Q

VCLT art. 31

A

General steps of treaty interpretation.

1) in good faith
2) Ordinary meaning
3) The treaty’s context

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23
Q

VCLT art. 32

A

If the meaning is
1) Obscure or ambigious

Travaux preparatoires can be used,

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24
Q

Pacta sunt servanda

A

VCLT art. 26
Agreements must be kepts.

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25
Q

Jus Cogens

A

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.

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26
Q

VCLT art. 54

A

Withdrawal or termination of / from a treaty.
Lithuania withdrawal from Cluster munition Convention.

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27
Q

Montevideo Convention

A

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

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28
Q

The Constitutive doctrine

A

An entity is not considered a state unless recognized as such by other states

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29
Q

Rome Statute

A

Established the ICC to investigate and prosecuting individuals for the most serious crimes of international concern:

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30
Q

Oslo Accords

A

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.

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31
Q

State jurisdiction

A

A state’s authority to legislate a person, property and events.

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32
Q

Territorial Jurisdiction

A

The basic principle that state has jurisdiction of crimes happening within their own borders.

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33
Q

Subjective territorial principle

A

A state have jurisdiction over a crime which leading imitatives happened within their borders.

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34
Q

Objective territorial jurisdiction

A

If a crime is committed and completed within a state, the state has objective terriotrial jruisdiction

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35
Q

Nationality principle

A

Allows a state jurisdiction to their own nationalities who committed a crime in other countries.

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36
Q

Universal jurisdiction

A

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.

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37
Q

Extradition

A

An agreement between states to surrender a convicted individual to another state.

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38
Q

State immunity

A

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.

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39
Q

Jure gestionis

A

A state might have a part or own a private business, this private business (Airline) is not a part of state immunity.

40
Q

Immunity rationae persone

A

Immunity of high ranking persons.

Head of state
Ministers of Foreign Affairs

41
Q

Immunity rationae materia

A

Immunity of state officials.

42
Q

High Seas

A

No state has soverignity in high seas areas. Free right to passing, fishing and pipelines. Must be discussed.

43
Q

Normal baseline

A

Low water baseline. Up to 12 miles.

44
Q

Straight baseline

A

Connects points of the coast, if there are deep cuts in the coastline. + Island visicinity.

45
Q

Archipelago baseline

A

A state surrounded by one or more archipelagic (Philippines and Japan)

46
Q

Internal waters

A

Landward waters gives state complete soverignity.

47
Q

Territorial sea

A

From landward baseline to seaward. Foreign state has the right to innocent passage but not to stop or anything.

48
Q

Transit passage

A

Assures transit from one high sea or EEZ to another.

49
Q

Exclusive Economic Zone

A

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.

50
Q

Crimes on high seas

A

Right to jurisdiction under your flag, but there are exceptions as slavery and piracy.

51
Q

Flagship jurisdiction

A

Crimes occuring on the flagship ship is under the flags juristiction.

52
Q

UN primary mandate

A

Maintaining international peace and security.

53
Q

General assembly

A
  1. Platform to debate about any matters within present charter (article 10)
  2. Makes recommendations.
  3. Sets UN budget.
  4. All member States
  5. One vote pr member state.
  6. Important questions 2/3
  7. Other questions (majority)
  8. Selects E10 for UNSC,
  9. Elects judges for ICJ.
  10. Can establish peace operations.
54
Q

Security Council

A

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

55
Q

Peace enforcement

A

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.

56
Q

Peacekeeping

A

Blue helmets, limited amount of weapons. Used to maintain peace. All parties are in consent of the involvement.

57
Q

International Court of Justice

A

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.

58
Q

ECOSOC

A

Economic and social council.

Initiates studies.
Research and store information.

59
Q

Secretariat

A

Carries out formal processes of UN.
Unpartial to their member state.

Puts treaties into the database of treaties.

60
Q

Trusteeship council

A

Out of function. Used to oversee non-self governing territories, to assist the territory to a free political institution and self-government.

61
Q

Women, Peace and Security

A

Aims:
- Include women in peacebuilding,
- Protect women,
- Prevent inequality.

Global South is in lead of implementing National Action Plans to imlementing WPS agenda.

62
Q

VETO Land mark resolution

A

When a P5 VETOes it is invited to GA to elaborate why.

63
Q

Factors hindering SC maintain international security and peace

A

1) Veto
2) Lack of representiveness
3) Rise of alternative forums

64
Q

International bill on human rights

A

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

65
Q

United Declaration on Human rights

A

GA Resolution, 1948. Foundation for development for HR treaties.

66
Q

International Coveant on Civil and political Rights

A

Multilateral treaty.

67
Q

UNHRC

A

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

68
Q

Universal Periodic Review

A

4½ year member states get reviewed whether not they follow the states human rights situations.

69
Q

Special rapporteurs

A

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

70
Q

Differences between HRC and CHR

A

HRC is the one taking over after CHR. HRC has a marginal diversity of membership with more ‘free states’ according to Freedom House.

71
Q

Drafting history

A

Suplementary means

72
Q

Travaux preparatoires

A

Drafting history

73
Q

Wording

A

Dictionary and common usage

74
Q

Context

A

Within the relevant paragraphs,
Within the same treaty

75
Q

Object an purpose

A

To be found in the preamble or potentially in the travaux prepatories.

76
Q

Practice

A

Whose practice

77
Q

Opinio juris identify

A
  1. Statement by other statement represantives
  2. UN resolutions/declarations (debates / explanation of votes)
  3. Responses to ILC drafts
  4. Responses to other states
78
Q

Recognition of a State

A

Montevideo criteria + state recognition by other states

79
Q

Constitutive theory

A

Recognition by other states

80
Q

Declatory theory

A

Meets the minimum criteria for statehood (Montevideo)

81
Q

Ways a state can be born

A
  1. Two states join (two Germanies)
  2. Existing states dissolves (Soviet Union and former Yugoslavia)
  3. Consent
82
Q

Scede

A

To withdraw from membership.

A part of a state wish to scede from another state (Serbia, where Montenegro and Kosovo seceded).

83
Q

ICC

A

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

83
Q

Rome Statute

A

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’.

84
Q

Oslo accords

A

First direct agreement to a Palestine/ Israel peace agreement. Both sides pledged to end their decades long conflict.

85
Q

Personal jurisdiction

A

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)

86
Q

Denmark’s power distribution

A

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)

87
Q

Extradition

A

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)

87
Q

Nationality principle

A

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)

88
Q

Effects Jurisdiction

A

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)

89
Q

Jure iimpire

A

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)

90
Q

Jure gestionis

A

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)

91
Q

Adjudicative jurisdiction

A

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)

92
Q

Enforcement jurisdiction

A

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)

93
Q

Immunity rationae persone

A

Immunity of the (relevant person), high ranking officials.

Anders Henriksen, International Law, 2nd edition, 2019 (chapter on immunities, 98-113, 16 pages)

94
Q

Immunity rationae matriea

A

Immunity of people who serve certain funtions of the state.

Anders Henriksen, International Law, 2nd edition, 2019 (chapter on immunities, 98-113, 16 pages)

95
Q

Conventions state immunity

A

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)

96
Q

Pivotal of law-based to rules-based

A

2003 invation in Iraq
UNSC Resolution 1441
Paragraph 13
UN C article 51

97
Q

National vs. international law

A

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

IIL (8 decks)

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