International Law and Human Rights Quiz

International Law Study Notes

• A state cannot invade another state. International law is about states, not people; it cannot be taken away.
• The objective of international law is to create order.
• States create international law, not people.
• States are sovereign and equal. This means each state decides how it will organize itself.
• The Montevideo Convention (art 18 UN Charter) outlines the creation of states, including permanent population, territory, government, and the ability to interact with other states.
• International law is shaped by political and social factors, leading to skepticism about its effectiveness. Many believe power, not law, governs international relations.
• A key criticism is its lack of enforceability, raising doubts about its legitimacy as "true law."
• International law relies on states' recognition and acceptance; the absence of a global governing body does not diminish its impact. States frequently comply with international law, even when it conflicts with their interests, driven by a principle of voluntarism.
• The League of Nations, created in 1919 after World War I, aimed to promote peace but struggled due to the absence of U.S. and Soviet Union influence, focusing primarily on European concerns.
• The United Nations (UN), established in 1946, succeeded the League of Nations, aiming to address shortcomings and act as a global organization based in New York.

Principal Organs of the UN

• Security Council:
  • Responsible for maintaining international peace and security, as outlined in UN Charter articles 23 and 27.
  • Possesses significant enforcement powers (art 41 and 42).
  • Any decision can be vetoed by one of the 5 permanent members: France, UK, China, Russia, US
  • An exception to this exists for procedural decisions.
  • Consists of 15 members, including 5 permanent and 10 non-permanent members, reflecting power dynamics.
• General Assembly:
  • Serves as the 'parliament' of the UN, a platform for discussion of international issues.
  • Membership involves all UN member states.
  • Decisions are recommendations, not binding, unless reflecting customary international law.
• UN Secretariat:
  • Provides administrative support to the UN (art 97-99).
  • Important role in human rights recommendations (not binding)

International Court of Justice (ICJ)

• Established in 1946, the ICJ is the successor to the Permanent Court of International Justice. Located in The Hague, Netherlands.
• Operates under the UN Charter (art 92).
• Consist of judges (art 2 and 3 of the statute).
• Has the function of interpreting and applying international law, but does not create new laws.
• Art 35 and 93 set out the access and jurisdiction rules for the Court. Advisory Opinions (art 65 and 96 UN Charter) provide non-binding legal guidance but do not create obligations.
• Decisions are binding on the involved parties but do not set precedents.
• The Court's role is to interpret and apply existing international law.
• Includes cases like Cameroon v UK; Serbia and Montenegro v UK; Libya v Malta; and Congo v Rwanda
• Important articles: 35 (access to ICJ), 93 (UN Charter), 65 (advisory opinions), 96 (advisory opinions), 59, 60 (binding decisions)

Applying International Law

• Defines sources: international conventions, customary international law, general principles recognized by nations, judicial decisions, and teachings from leading legal scholars.
• Describes remedies:
  • Declaratory judgment — A declaration that the respondent state violated international law.
  • Reparations — Compensation for damages incurred due to the breach.
• Discusses court decision enforcement methods, and reliance on UN bodies for enforcement.

Sources of International Law

• Treaties: Agreements between states, often using the Vienna Convention as a framework. Treaties bind the states that have consented. International agreements are binding upon the states involved that participated in the agreement process. States are in principle free in determining if, and how they would participate in such agreement(s). International conventions can be based on international conferences.
• Custom: Established practices understood as legally binding by states.
• General Principles of Law: Recognized common principles within national legal systems.
• Judicial Decisions: Precedents from international courts.
• Scholarly Writings: Contributions from leading legal experts.

Law of Treaties

• Definition of a treaty/international convention.
• Treaties are made through adoption, signature, exchange of instruments, ratification, or accession.

Custom

• Conventions can reflect custom, often binding on all states.
• Customary international law is often unwritten and can emerge from consistent state practice over time, and a recognized obligation. Evidence is needed (state practice and opinio juris).

General Principles of Law

• Reparation
• Res judicata
• Good faith

Judicial Decisions

• Decisions of the ICJ are binding on the involved states only.
• Legal doctrine helps to study the law.

Hierarchy of Sources

• There is no formal hierarchy, however, lex specialis derogate legi generali

International Law in Relation to National Law

• Dualism (international law and national law are separate systems)
• Monism (international law is superior to national law)
• Sovereignty → states can determine their own actions and responsibilities.

Subjects of International Law

• States: entities with populations, territories, governments, and the capacity to interact with other states. (Montevideo convention)
• International Organizations: UN, etc.
• Individuals: Emerging in areas like human rights law and criminal jurisdiction.

International Protection of Human Rights

• The Universal Declaration of Human Rights.
• International Covenant on Civil and Political Rights.
• International Covenant on Economic, Social and Cultural Rights.
• Regional protection mechanisms (e.g., Council of Europe).
• Mechanisms for protection include: UN; Commission on Human Rights; Human Rights Council; Committee on Economic, Social and Cultural Rights.

Criminal Responsibility

• International criminal tribunals (Nuremberg, ICTY, ICTR).
• International Criminal Court (ICC).
• Historical progression from the Nuremberg Tribunal to the present day.
• The Rome Statute (establishing the ICC) defines jurisdiction and crimes it addresses.
• Individuals' criminal responsibility before national and international courts.

International Organizations

• NATO (North Atlantic Treaty Organization).
• OAS (Orgnization of American States).
• OAU (Organic of African Unity).
• Council of Europe
• Emergence from the need for international cooperation and coordination (economic and social concerns / maintaining world peace).
• Development from ad-hoc conferences to formally established institutions.
• Functions and principles are often defined in treaties or constitutions.

The Law of the Sea

• Basics of sea-related law, including internal waters, territorial sea, baselines, the continental shelf, and the high seas.
• Relevant articles from the 1982 UN Convention on the Law of the Sea.
• Case studies and issues for the Law of the Sea often involve nationality, coastal states, and ships or vessels of other states.

Polar Regions

• Arctic Region: Res communis – part of the high seas (not land).
• Antarctic Region: Treaty (1959) suspending territorial claims, focusing on environmental preservation, and cooperation.

Jus in Bello (International Humanitarian Law)

• Definition of international and non-international armed conflicts.
• Basic principles of protection (distinction, proportionality), and common article 3
• The Geneva Conventions – defining protected persons and activities during war.
• Protection of civilians, wounded soldiers, and prisoners in war.
• Occupation: Rights of the occupier.

Dispute Settlement

• Negotiation
• Mediation
• Inquiry
• Conciliation
• Arbitration
• ICJ (International Court of Justice)

The EU Legal Framework

• Primary EU law: Treaties on the EU — TEU and TFEU. Secondary EU law: Regulations, Directives, Decisions, Recommendations, and Opinions.
• Sources of EU law: Treaties, regulations, directives, decisions, recommendations and opinions. Doctrines of conferred powers, primacy, and direct effect.
• EU Institutions: European Parliament, European Council, the Council of Ministers, the European Commission.
• Court of Justice of the European Union (CJEU): Judicial decisions, and importance of rulings in national courts to ensure EU law observance.
• EU legal principles: Autonomy, primacy, direct effect, and the principle of effective remedies
• State liability
• Case studies for state liability.
• Human cost and implications of various crises, including migration and economic pressures.
• Historical development of the EU, including factors like the crises of the sovereign debt crisis (Greece and others); Brexit; or the crisis of liberal values.

EU Competition Law

• Regulation 1/2003: Commission enforcement.
• Restrictive practices (agreements, concerted practices, decisions), and abuse of dominant position.
• Antitrust provisions and penalties for infringements.