International Law Lecture 7

International law lacks a central authority. States are equal and their legal actions are decentralized.

International law is automatically part of domestic law; no separate process needed.

International law needs specific steps to become part of domestic law.

Domestic laws cannot be a reason to not follow an international treaty.

International law principle that is automatically enforceable in courts.

International law mainly depends on states' willingness to cooperate and solve disputes.

Enforcement of International Law is usually reliant on cooperation of states or the creation of ad-hoc mechanisms.

International law rules that are applied directly by domestic courts without additional domestic legislation.

International law automatically becomes part of domestic law.

International law requires incorporation into domestic law.

Requires domestic action for application.

Treaties are binding and must be performed in good faith.

International law enforcement through state responsibility and countermeasures.

Limited enforcement of international law under specific conditions.

International Court of Justice; provides binding judgments in contentious cases and advisory opinions.

ICJ clarified that third states cannot be subject to ICJ jurisdiction without consent.

Non-binding agreement(s) facilitated by a neutral party.

The lack of a central authority to compel compliance is a key limitation.

Requires consent from involved states for a dispute to be heard.

Provision granting specific individual rights.

Self-help measures and countermeasures are often used.

The UN Security Council can enforce ICJ decisions, but often relies on voluntary compliance from states

Administrative law regulates public administration-like government actions, procedures and power, not relationships between individuals.

Public law governs the state's relationship with individuals, while private law governs relationships between them, like contracts.

Hiring and promotion in public administration based on qualifications and performance, not political connections.

Conflicts over sovereignty and decision-making authority between nations in international governance.

Legal framework that includes decision-making across levels, like national and European Union (EU) levels.

The Universal Declaration of Human Rights (1948) is a fundamental document laying down many rights.

Focuses on protecting individuals during armed conflicts, including rules for treatment in war.

A fundamental principle of international law that cannot be violated, like the prohibition of genocide.

Obligations owed to the international community as a whole, impacting all member states.

The 1951 Refugee Convention and 1967 Protocol outline the rights and protection for those fleeing persecution.

State sovereignty and national interests can hinder efforts to ensure the protection of individual rights.

The Human Rights Committee (HRC) enables individuals to seek remedies for rights violations under the International Covenant on Civil and Political Rights (ICCPR).

States' obligations to protect human rights extend beyond their borders, like when their citizens face violations in other countries.

The UPR's reliance on voluntary state cooperation makes it less effective in pressuring countries to address human rights concerns.

Gradual implementation of economic, social, and cultural rights, taking into consideration resource limitations and capacity.

Fundamental norms of international law that are universally binding and cannot be derogated from by any state.

A treaty that is directly applicable in domestic law without the need for further legislative action.

Rules of international law that arise from consistent state practice and acceptance as law.

A mechanism of the UN Human Rights Council that reviews the human rights records of all UN member states.

The principle prohibiting states from returning a refugee to a country where they face persecution.

A UN treaty that prohibits acts of genocide, such as killing or causing serious harm to members of a national, ethnical, racial, or religious group.

Provisions in treaties that allow states to temporarily suspend certain obligations during exceptional circumstances.

A regional human rights treaty unique for explicitly including the rights of peoples, such as self-determination.

A legal dispute between states that is brought before the International Court of Justice, resulting in a binding judgment.