INTERNATIONAL LAW REVIEWED
EXAM QUESTIONS AND EXPECTED
CORRECT ANSWERS
Universal Jurisdiction
refers to the idea that a national court may prosecute
individuals for serious crimes against international law —
such as crimes against humanity, war crimes, genocide,
and torture — based on the principle that such crimes
harm the international community or international order
itself, which individual States may act to protect
International law enforcements
National authorities, domestic/international courts and
UNSC
International law comes from:
Treaties and custom
Sovereignty
Ability of a state to govern its territory free from control of
its internal affairs by other states.
Article 2(1) and 2(7) of the UN Charter concerns:
Matters of Sovereignty
What does ratifying a treaty mean for a country's
sovereignty?
By ratifying a treaty, a country voluntarily enters into a
binding agreement with other nations, agreeing to abide
by certain rules or standards outlined in the treaty.
Article 38(1) ICJ Statute
,sets basis on which a court can reach a decision 1.
treaties, 2. customs, 3. general principles of law, 4.
judges/court.
Customary international law
state practice and opinio juris
What is state practice?
Refers to the general and consistent practice by states
Opinio Juris
Latin for "acceptance as law"; second component of
customary international law: states must accept that a rule
is legally binding
Difference between treaties and customary
international law
custom is binding on all states whereas treaty law is
binding only on parties to a particularly treaty
jus cogens norms
are fundamental legal principles in international law that
are considered peremptory, meaning they cannot be
violated or set aside. According to Article 53 of the Vienna
Convention on the Law of Treaties (VCLT), peremptory
norms are recognized by the international community of
states as norms that cannot be derogated from and can
only be changed by another norm of the same character.
Vienna Convention on Law of Treaties
In treaty law, the VCLT is the authority for resolving
disputes about the interpretation of a treaty
The Vienna Convention provides a complete framework
for the establishment, maintenance and termination of
diplomatic relations on a basis of consent between
independent sovereign States.
General Comments
,These are clarifications issued by the monitoring body of a
specific treaty/convention on issues that relate to the
evolution of law in relation to the subject of the convention;
they can also try to correct or reconcile different
interpretations of specific aspects of a convention that
have developed over time
Resolutions
both decisions and declarations are resolutions.
formal expressions of the opinion or will of UN organs
One cannot ratify a resolution
The only resolutions that have the potential to be legally
binding are those that are adopted by the Security council
SC resolutions = binding
GA resolutions = recommendations
R2P
is an international norm that seeks to ensure that the
international community never again fails to halt the mass
atrocity crimes of genocide, war crimes, ethnic cleansing
and crimes against humanity.
the responsibility of each State to protect its populations
(pillar I); the responsibility of the international community
to assist States in protecting their populations (pillar II);
and the responsibility of the international community to
protect when a State is manifestly failing to protect its
populations (pillar III).
UNGA resolution 3314
Definition of Aggression --> non-binding recommendation
to the SC on the definition it should use for the crime of
aggression
The definition makes a distinction between aggression
(which "gives rise to international responsibility") and war
, of aggression (which is "a crime against international
peace"). Article 3 "in accordance with the provisions of
article 2", defines certain acts as aggression, namely:
armed invasions or attacks, occupation and annexation by
force,bombardments,blockades,attacks on armed forces
or civilian merchant or air fleet of a state,armed violations
of Status of forces agreements
Criticism Highly state-centric Does not cover acts by
international organisations such as NATO
Article 51 of the UN Charter
The right to self-defence
Only works with 'armed attack' and not 'threat' Threat is
more customary international law
Collective self-defence is important and is a collective use
of art. 51
Article 2(4) of the UN Charter
"All Members shall refrain in their international relations
from the threat or use of force against the territorial
integrity or political independence of any state, or in any
other manner inconsistent with the Purposes of the United
Nations."
The prohibition of the use of force
This article is considered jus cogens
Jus ad bellum
the justification for resorting to war; the justice of war
Jus in bello
govern the behaviour of parties in an armed conflict.
Law of the Sea
EXAM QUESTIONS AND EXPECTED
CORRECT ANSWERS
Universal Jurisdiction
refers to the idea that a national court may prosecute
individuals for serious crimes against international law —
such as crimes against humanity, war crimes, genocide,
and torture — based on the principle that such crimes
harm the international community or international order
itself, which individual States may act to protect
International law enforcements
National authorities, domestic/international courts and
UNSC
International law comes from:
Treaties and custom
Sovereignty
Ability of a state to govern its territory free from control of
its internal affairs by other states.
Article 2(1) and 2(7) of the UN Charter concerns:
Matters of Sovereignty
What does ratifying a treaty mean for a country's
sovereignty?
By ratifying a treaty, a country voluntarily enters into a
binding agreement with other nations, agreeing to abide
by certain rules or standards outlined in the treaty.
Article 38(1) ICJ Statute
,sets basis on which a court can reach a decision 1.
treaties, 2. customs, 3. general principles of law, 4.
judges/court.
Customary international law
state practice and opinio juris
What is state practice?
Refers to the general and consistent practice by states
Opinio Juris
Latin for "acceptance as law"; second component of
customary international law: states must accept that a rule
is legally binding
Difference between treaties and customary
international law
custom is binding on all states whereas treaty law is
binding only on parties to a particularly treaty
jus cogens norms
are fundamental legal principles in international law that
are considered peremptory, meaning they cannot be
violated or set aside. According to Article 53 of the Vienna
Convention on the Law of Treaties (VCLT), peremptory
norms are recognized by the international community of
states as norms that cannot be derogated from and can
only be changed by another norm of the same character.
Vienna Convention on Law of Treaties
In treaty law, the VCLT is the authority for resolving
disputes about the interpretation of a treaty
The Vienna Convention provides a complete framework
for the establishment, maintenance and termination of
diplomatic relations on a basis of consent between
independent sovereign States.
General Comments
,These are clarifications issued by the monitoring body of a
specific treaty/convention on issues that relate to the
evolution of law in relation to the subject of the convention;
they can also try to correct or reconcile different
interpretations of specific aspects of a convention that
have developed over time
Resolutions
both decisions and declarations are resolutions.
formal expressions of the opinion or will of UN organs
One cannot ratify a resolution
The only resolutions that have the potential to be legally
binding are those that are adopted by the Security council
SC resolutions = binding
GA resolutions = recommendations
R2P
is an international norm that seeks to ensure that the
international community never again fails to halt the mass
atrocity crimes of genocide, war crimes, ethnic cleansing
and crimes against humanity.
the responsibility of each State to protect its populations
(pillar I); the responsibility of the international community
to assist States in protecting their populations (pillar II);
and the responsibility of the international community to
protect when a State is manifestly failing to protect its
populations (pillar III).
UNGA resolution 3314
Definition of Aggression --> non-binding recommendation
to the SC on the definition it should use for the crime of
aggression
The definition makes a distinction between aggression
(which "gives rise to international responsibility") and war
, of aggression (which is "a crime against international
peace"). Article 3 "in accordance with the provisions of
article 2", defines certain acts as aggression, namely:
armed invasions or attacks, occupation and annexation by
force,bombardments,blockades,attacks on armed forces
or civilian merchant or air fleet of a state,armed violations
of Status of forces agreements
Criticism Highly state-centric Does not cover acts by
international organisations such as NATO
Article 51 of the UN Charter
The right to self-defence
Only works with 'armed attack' and not 'threat' Threat is
more customary international law
Collective self-defence is important and is a collective use
of art. 51
Article 2(4) of the UN Charter
"All Members shall refrain in their international relations
from the threat or use of force against the territorial
integrity or political independence of any state, or in any
other manner inconsistent with the Purposes of the United
Nations."
The prohibition of the use of force
This article is considered jus cogens
Jus ad bellum
the justification for resorting to war; the justice of war
Jus in bello
govern the behaviour of parties in an armed conflict.
Law of the Sea
