Public International Law GOVT 2047 Quiz

Public International Law GOVT 2047

• Course name: Public International Law
• Course code: GOVT 2047

The Use of Force by States

• Statehood, Sovereignty, and Jurisdiction:

  • Territory is a crucial attribute of statehood (Article 1, Montevideo Convention 1933).
  • A sovereign state has the right to exercise its functions within its territory, excluding other states.
  • The Island of Palmas case (1928) is relevant to territorial sovereignty.

• Acquisition of Territory by Occupation:

  • Historically, some territories have been acquired by occupation.
  • Examples include the Falkland Islands and Gibraltar, which are still subjects of dispute sometimes.
  • Legally, occupation requires terra nullius (uninhabited land).

• Conquest as a Mode of Acquisition:

  • Historically, conquest was a method to acquire territory post war.
  • However, conquest is no longer recognised as a legal method of acquiring title. (Article 2(4), UN Charter)
  • States have a duty not to recognise territory acquired through force.

• Prohibition of the Use of Force (UN Charter):

  • Article 2(4) of the UN Charter prohibits the threat or use of force against the territorial integrity or political independence of any state.
  • The prohibition is a response to the Second World War.
  • It targets interstate conflict.

UN Charter, Article 51

• Inherent Right of Self-Defense:
  • Article 51 of the UN Charter does not impair the inherent right of individual or collective self-defense if an armed attack occurs.
  • The right of self-defense is in place until the Security Council takes measures necessary to maintain international peace and security.
  • Measures taken by members in exercising this right must be immediately reported to the Security Council.

Controversial Issues

• Scope of Self-Defense:

  • Determining the exact scope of the right to use force in self-defense, for example, to prevent civil wars or to recover territory seized; or for humanitarian reasons, or to address terrorism.
  • The potential use of force to promote democracy or restore order in a state without an effective government.

• Role of the Security Council:

  • How much centralized control should the Security Council have over uses of force, including preemptive self-defense?

Nicaragua v. US (1986)

• International Court of Justice (ICJ) Ruling:

  • ICJ ruled in favor of Nicaragua against the US.
  • Awarded reparations to Nicaragua, which was deemed to have been violated by the US. The ICJ pointed to the US supporting the contra rebels and mining Nicaragua's harbors as acts that violated international law.
  • The US did not participate in cases at the ICJ and disregarded the ruling.

• Significance of the Case:

  • The case assessed the validity of what amounts to a use of force within the terms of Article 2(4) of the UN Charter.
  • The judgement considered what constitutes an armed attack by stating that this cannot be understood to incorporate only acts by armed bands, but also assistance given in the form of weaponry or support to rebels.

The Nicaragua Case (1986)

• Interpretation of Charter Provisions:
  • The ICJ considered UN Charter provisions in the context of customary international law.
  • The ICJ interpreted self-defense provisions through state practices and customary law.
  • The Court examined the definition of "use of force" and "armed attack"

Right to Self-Defense of States

• Limitations of Self-Defense:
  • Self-defense is limited by the principles of necessity and proportionality.
  • This is accepted in customary international law.
  • The Nicaragua case reinforces these limitations.

Necessity

• Requirement of Armed Attack:
  • States can use force in self-defence only if an armed attack occurs.
  • The necessity requirement in self-defence primarily focuses on ascertaining if an armed attack has occurred.
  • States must have no other means of halting an attack other than use of force and are limited on their options in self-defence

Proportionality

• Proportionality in Self-Defense:
  • Defensive action must be proportionate to the armed attack.
  • The Nicaragua case addressed the principle of proportionality, concluding that US actions did not meet this criterion.

Anticipatory Self-Defense

• Debatability of the Right:

  • The right to anticipatory self-defense remains a contentious issue in international law.
  • The idea of anticipating an attack is based on military necessity, where attack first is the best defense.
  • The Caroline case, from the 19th century, frequently forms the precedent for those arguing for anticipatory self-defense.
  • Nevertheless, many Western writers regard the Caroline case as a precedent for this.

• Limited Support in State Practice:

  • There's no clear support for anticipatory self-defense in subsequent state practices.
  • The overwhelming practice after the UN's emergence does not accept anticipatory self-defense as a universally recognised right.

• Invoking Anticipatory Self-Defense:

  • The fear of setting a dangerous precedent discourages states from invoking anticipatory self-defense.
  • The Iraq cases where the US invoked anticipatory self-defense received international condemnation.

• The Caroline Test:

  • The test, a 19th-century formula, is for anticipatory self-defence.
  • It is based on the necessity for self-defence being "instant, overwhelming; leaving no choice of means; and no moment for deliberation".
  • The Caroline case forms the precedent for the test.

This quiz covers key concepts in Public International Law, specifically focusing on the use of force by states, statehood, sovereignty, and territory acquisition. You'll explore landmark cases and legal principles that shape the framework of international relations and territorial disputes.