Public International Law Lecture 1
Introduction case:
Mr. Ahmed is a Lebanon businessman, lives in Beirut. He has an dispute
with Democratic Republic of Congo (DRC). He went to the court in DRC and
DRC was forced to pay an amount of 20 million at Ahmed. DRC refused to
pay. Ahmed was looking for assets owned by the DRC to sell. He found an
asset in NL, a building located in The Hague. Until 2009 it was used by
DRC as their embassy. In 2009 DRC moved to Brussels. The building in The
Hague was occupied by squatters /‘krakers’. Ahmed went to a court. Dutch
Court to recognize the judgment of the court of DRC. Minister of justice: NL
has no jurisdiction to demand that the squatters leave the building.
Number of issues to study:
- What are the legal bases for the courts of the Netherlands to hear
such disputes? Citizen of Lebanon
- What is the legal bases for Dutch Bailiff to sees assets in the NL and
sell in public on behalf of the claimants.
- Why is this case problematic? Why would this conflict with the
obligations of the NL towards the DRC?
International legal order, the law doesn’t stop at the borders
Rules of PIL play an important role
Jurisdiction
The legal basis for the NL courts must be found in the principle of
sovereignty. All powers of the state are derived from sovereignty. Where
does this principle come from? Jean Boudain, a French philosopher,
invented it as a concept in 1576. And he was an advisor of the King in
France. The French king wanted an absolute power. Jean invented the
sovereignty. suprema potestas. It’s the highest power, of no other power
dependent. The French king had absolute power; only god was ‘higher’.
What is a state?
It only exists on paper, to allow individuals do to certain things together. To
create influence and wealth.
- Territory;
- Permanent population;
- Effective government;
- Capacity to enter into international relations;
- Recognition, it is not required to qualify as a state (in theory).
What is an International organisation? (no statute/law)
- Established by states;
- Founded on an international agreement;
o Generally a treaty
- Governed by rules of public international law;
- It has an independent legal personality;
Intergovernmental organisation
, There is also non-governmental organisation established on national law
by private individuals, NGO’s like amnesty, Greenpeace. Public purpose.
Generally regarded as no subjects of international law.
Legal personality allows that organisation to act independently in its own
name, it can be held responsible in public international law/ international
criminal law. Conclude treaties in its own name.
When is there legal personality? Art. 4 Rome Statute. ICC qualifies as an
international legal person.
- Legal personality under public international law
- Legal personality under domestic law
Principle of sovereignty
Recognition has 2 consequences:
1. All sovereign states are legally equal. Sovereignty means the highest
power. It’s no subject to any higher authority.
2. Every state has domestic jurisdiction: state has absolute powers on
his own territory.
Exercise of jurisdiction is limited to the territory of each state. The exercise
of jurisdiction is limited both within and outside the state by rules of public
international law. The exercise of limited powers is limited because it may
conflict with other sovereignty rules from states.
Creating rules:
1. States creates rules of public international law. Positive law.
2. Treaties only create rights and obligation between states that
became party to the treaty. Consent to be bound. Treaty must enter
into force. Rights and obligation must be specifically written down in
the treaty.
3. Customary international law
Custom is unwritten law. Based on the long-standing wide spread practise
of states accompanied by a conviction that a certain practise is obligatory
or required by public international law.
- Usus
- Opinio iuris
General practice accepted as law. It’s the oldest source of public
international law. It’s still very important. When it is established that it is
custom law, all states are bound.
Until 1958 the law of the sea, who governs the use of the oceans, was
unwritten. Every state knew which rights and obligation existed. 1958
some of these rules were codified. (Week 5)
1945 it was discovered in the continental shelf, oil en gas recourses were
found. These recourses are important for states. President Truman
declared that USA claimed the oil recourses for the coast of USA. There
Introduction case:
Mr. Ahmed is a Lebanon businessman, lives in Beirut. He has an dispute
with Democratic Republic of Congo (DRC). He went to the court in DRC and
DRC was forced to pay an amount of 20 million at Ahmed. DRC refused to
pay. Ahmed was looking for assets owned by the DRC to sell. He found an
asset in NL, a building located in The Hague. Until 2009 it was used by
DRC as their embassy. In 2009 DRC moved to Brussels. The building in The
Hague was occupied by squatters /‘krakers’. Ahmed went to a court. Dutch
Court to recognize the judgment of the court of DRC. Minister of justice: NL
has no jurisdiction to demand that the squatters leave the building.
Number of issues to study:
- What are the legal bases for the courts of the Netherlands to hear
such disputes? Citizen of Lebanon
- What is the legal bases for Dutch Bailiff to sees assets in the NL and
sell in public on behalf of the claimants.
- Why is this case problematic? Why would this conflict with the
obligations of the NL towards the DRC?
International legal order, the law doesn’t stop at the borders
Rules of PIL play an important role
Jurisdiction
The legal basis for the NL courts must be found in the principle of
sovereignty. All powers of the state are derived from sovereignty. Where
does this principle come from? Jean Boudain, a French philosopher,
invented it as a concept in 1576. And he was an advisor of the King in
France. The French king wanted an absolute power. Jean invented the
sovereignty. suprema potestas. It’s the highest power, of no other power
dependent. The French king had absolute power; only god was ‘higher’.
What is a state?
It only exists on paper, to allow individuals do to certain things together. To
create influence and wealth.
- Territory;
- Permanent population;
- Effective government;
- Capacity to enter into international relations;
- Recognition, it is not required to qualify as a state (in theory).
What is an International organisation? (no statute/law)
- Established by states;
- Founded on an international agreement;
o Generally a treaty
- Governed by rules of public international law;
- It has an independent legal personality;
Intergovernmental organisation
, There is also non-governmental organisation established on national law
by private individuals, NGO’s like amnesty, Greenpeace. Public purpose.
Generally regarded as no subjects of international law.
Legal personality allows that organisation to act independently in its own
name, it can be held responsible in public international law/ international
criminal law. Conclude treaties in its own name.
When is there legal personality? Art. 4 Rome Statute. ICC qualifies as an
international legal person.
- Legal personality under public international law
- Legal personality under domestic law
Principle of sovereignty
Recognition has 2 consequences:
1. All sovereign states are legally equal. Sovereignty means the highest
power. It’s no subject to any higher authority.
2. Every state has domestic jurisdiction: state has absolute powers on
his own territory.
Exercise of jurisdiction is limited to the territory of each state. The exercise
of jurisdiction is limited both within and outside the state by rules of public
international law. The exercise of limited powers is limited because it may
conflict with other sovereignty rules from states.
Creating rules:
1. States creates rules of public international law. Positive law.
2. Treaties only create rights and obligation between states that
became party to the treaty. Consent to be bound. Treaty must enter
into force. Rights and obligation must be specifically written down in
the treaty.
3. Customary international law
Custom is unwritten law. Based on the long-standing wide spread practise
of states accompanied by a conviction that a certain practise is obligatory
or required by public international law.
- Usus
- Opinio iuris
General practice accepted as law. It’s the oldest source of public
international law. It’s still very important. When it is established that it is
custom law, all states are bound.
Until 1958 the law of the sea, who governs the use of the oceans, was
unwritten. Every state knew which rights and obligation existed. 1958
some of these rules were codified. (Week 5)
1945 it was discovered in the continental shelf, oil en gas recourses were
found. These recourses are important for states. President Truman
declared that USA claimed the oil recourses for the coast of USA. There
