SUMMARY ON LAW OF
INTERNATIONAL
ORGANISATION
Trail Smelter Case
Canada built Trail Smelter close to the US border in
Canada.
Emissions from company affected US citizens and the
environment
US went to International Joint Commission and it stated
that Canada has to pay compensation to affected citizens
+ Smelter should reduce its emissions.
Established the principle that state has responsibility to
prevent pollution in another state and that state is
responsible for activities of private companies that operate
within its jurisdiction. *Transboundary pollution
Art 51 UN Charter
States cannot self-defense from future attacks, only if the
state is already being attacked
Article 42 of the UN Charter
The Security Council may take such action by air, sea, or
land forces as may be necessary to maintain or restore
international peace and security.
Article 2.4 of the UN Charter
, Prohibition of the use of military force or threat in
international relations.
Article 38 of ICJ
The Court must solve disputes in accordance to:
1. International Conventions
2. International Custom
3. General Principles of law recognized by civilized
nations.
4. Subject to the provisions of Article 59, judicial decisions,
and the teachings of the most highly qualified publicists of
the various nations, as subsidiary means for the
determination of rules of law..
Principles of International Humanitarian law
1. Distinction between combatants and civilians
2. The prohibition to attack those not directly engaged in
hospitalities
3. The prohibition to inflict unnecessary suffering
4. The principle of necessity.
5. The principle of proportionality.
The Sunday times VS UK
The Sunday Times published article about the medicine
for pregnant women claiming that it causes deformations
of babies. It also critisized English law regarding the
recovery and assessment of damage among other things.
The publication was injucted by the UK court and its
publication as the article will constitute contempt of court.
European Court of Human Rights claimed that the right to
freedom of expression guarantees not only the freedom of
the press to inform the public but also the right of the
public to be properly informed, and the thalidomide
INTERNATIONAL
ORGANISATION
Trail Smelter Case
Canada built Trail Smelter close to the US border in
Canada.
Emissions from company affected US citizens and the
environment
US went to International Joint Commission and it stated
that Canada has to pay compensation to affected citizens
+ Smelter should reduce its emissions.
Established the principle that state has responsibility to
prevent pollution in another state and that state is
responsible for activities of private companies that operate
within its jurisdiction. *Transboundary pollution
Art 51 UN Charter
States cannot self-defense from future attacks, only if the
state is already being attacked
Article 42 of the UN Charter
The Security Council may take such action by air, sea, or
land forces as may be necessary to maintain or restore
international peace and security.
Article 2.4 of the UN Charter
, Prohibition of the use of military force or threat in
international relations.
Article 38 of ICJ
The Court must solve disputes in accordance to:
1. International Conventions
2. International Custom
3. General Principles of law recognized by civilized
nations.
4. Subject to the provisions of Article 59, judicial decisions,
and the teachings of the most highly qualified publicists of
the various nations, as subsidiary means for the
determination of rules of law..
Principles of International Humanitarian law
1. Distinction between combatants and civilians
2. The prohibition to attack those not directly engaged in
hospitalities
3. The prohibition to inflict unnecessary suffering
4. The principle of necessity.
5. The principle of proportionality.
The Sunday times VS UK
The Sunday Times published article about the medicine
for pregnant women claiming that it causes deformations
of babies. It also critisized English law regarding the
recovery and assessment of damage among other things.
The publication was injucted by the UK court and its
publication as the article will constitute contempt of court.
European Court of Human Rights claimed that the right to
freedom of expression guarantees not only the freedom of
the press to inform the public but also the right of the
public to be properly informed, and the thalidomide
