International Law - Fall 2024 PDF

International Law Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. P...

International Law Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Statute of the International Court of Justice Sources of International Law https://www.icj-cij.org/statute a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states b. international custom, as evidence of a general practice accepted as law c. the general principles of law recognized by civilized nations d. 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 Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Why UN? https://treaties.un.org/doc/publication/ctc/uncharter.pdf  to practice tolerance and live together in peace with one another as good neighbours, and  to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  UN Charter – Principles https://treaties.un.org/doc/publication/ctc/uncharter.pdf  States are equal under international law  States have full sovereignty  State have full independence and territorial integrity  States should carry out their international obligations Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  United Nations Bodies 1. Security Council (15 members) 2. General Assembly (193 members) 3. Economic and Social Council (54 members) 4. Secretariat (Secretary-General + 7500 staff) 5. International Court of Justice (15 Judges) 6. Trusteeship Council Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  https://unsceb.org/hr-organization Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved. https://www.un.org/sites/un2.un.org/files/un_system_chart_11x8.5_print_e.pdf https://unsceb.org/hr-organization  https://unsceb.org/hr-organization Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  https://www.un.org/en/ccoi/security-council-chamber Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Security Council 15 Members: 5 Permanent Members 10 non- Permanent Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  The Security Council Maintains international peace and security Resolutions Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  United Nations’ Resolutions Resohttp://www.un.org/en/sc/documents/resolutions/lutions Chapter VI of UN Charter: Pacific Settlement of Disputes. Chapter VII of UN Charter : Punitive measures against threats to international peace and security Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Article 51 – UN Charter  Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  The Security Council Proposed changes to Security Council Japan and Germany as members? Unfair weight of European seats? What about India or an Islamic country? What about adding members from Latin America and Africa? Any overhaul would require the approval of the five permanent members. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  https://www.nato.int/nato_static_fl2014/assets/pictures/2019_09_190923a-trip-sg-us/20190924_190923a-004_rdax_775x440.jpg Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  The General Assembly 193 Countries Two observers: Palestine Vatican General Assembly: Main power lies in its control of finances for UN programs and operations, including peacekeeping. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  https://psdata.un.org/dataset/DPPA-SCVETOES Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  “Uniting for Peace” Resolution  “Uniting for Peace” Resolution was adopted in 1950 to respond to the then Soviet Union’s vetoes in the Security Council during the Korean War (General Assembly Resolution 377A(V)).  According to the “Uniting for Peace” Resolution, when the UN Security Council is unable to maintain international peace and security, Member States of the UN can request the General Assembly to convene an emergency session.  During these emergency sessions, the General Assembly may recommend collective measures, including calling for ceasefires, and even the use of armed force when necessary. https://crsreports.congress.gov/product/pdf/R/R47715 Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  The General Assembly Members meet every year, from late September to early January in plenary session be attended by all participants at a conference or assembly Convenes special sessions every few years on topics such as economic cooperation Has the power to accredit national delegations as members of the UN Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  UN Economic and Social Council Economic and Social Council Fifty-four member states elected by the General Assembly for three-year terms Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  UN Secretary Generals https://www.un.org/sg/en/content/former-secretaries-general António Guterres Ban Ki-moon Kofi Annan Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  The Secretariat Secretary General More than a bureaucratic manager Visible figure who often serves as a mediator in international conflicts Works to bring together the great-power consensus Appointed by the General Assembly after the recommendation of the Security Council. Secretary General (Since Jan 1, 2017 - ) is António Manuel de Oliveira Guterres from Portugal Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  U.N. Budget U.N. Peacekeeping Budget Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved. https://crsreports.congress.gov/product/pdf/R/R47715  United Nations Convention on the Law of the Sea (1982) Copyright © 2017, 2014, Copyright 2013 ©Pearson 2017, 2014,Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved. https://sites.tufts.edu/lawofthesea/files/2017/07/MaritimeZoneSchematic-1.png  Right of Innocent Passage https://www.un.org/depts/los/convention_agreements/texts/unclos/part2.htm  Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Territorial Waters https://sites.tufts.edu/lawofthesea/chapter-two/ Everything from the baseline to a limit not exceeding 12 miles is considered the State’s territorial sea. Much like internal waters, coastal States have sovereignty and jurisdiction over the territorial sea. These rights extend not only on the surface but also to the seabed and subsoil, as well as vertically to airspace. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Territorial Waters https://sites.tufts.edu/lawofthesea/chapter-two/ The Coastal States’ rights are limited by the passage rights of other States, including innocent passage through the territorial sea and transit passage through international straits. There is no right of innocent passage for air space over the territorial sea as well as to its bed and subsoil. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Contiguous Zone https://sites.tufts.edu/lawofthesea/chapter-two/ States may also establish a contiguous zone from the outer edge of the territorial seas to a maximum of 24 nautical miles from the baseline. This zone exists to bolster a State’s law enforcement capacity and prevent criminals from fleeing the territorial sea. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Contiguous Zone https://sites.tufts.edu/lawofthesea/chapter-two/ Unlike the territorial sea, the contiguous zone only gives jurisdiction to a State on the ocean’s surface and floor. It does not provide air and space rights. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Exclusive Economic Zone https://sites.tufts.edu/lawofthesea/chapter-two/  States may claim an EEZ that extends 200 nautical miles from the baseline.  In this zone, a coastal State has the exclusive right to exploit or conserve any resources found within the water, on the sea floor, or under the sea floor’s subsoil. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Exclusive Economic Zone https://sites.tufts.edu/lawofthesea/chapter-two/  All States, whether coastal or land-locked, enjoy freedom rights for:  navigation and overflight  laying of submarine cables and pipelines,  operation of ships, aircraft and submarine cables and pipelines Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved. https://www.britannica.com/topic/exclusive-economic-zone  Exclusive Economic Zone https://sites.tufts.edu/lawofthesea/chapter-two/  Although not a signatory of the 1982 Law of the Sea Convention, the U.S. established an EEZ by Presidential Proclamation in 1983. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Exclusive Economic Zone https://oceanservice.noaa.gov/facts/eez.html Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  https://ichef.bbci.co.uk/news/976/cpsprodpb/AAD3/production/_96113734_eastchinasea3190517.png Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  https://blogs.shu.edu/thediplomaticenvoy/files/2016/03/South-China-Sea.png Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Air Defense Identification Zones https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=2939&context=ils  Designated airspace within which aircraft are required to comply with special identification and/or reporting procedures.  https://www.youtube.com/watch? v=bCuR7HBZQls Copyright © 2017, 2014, 2013 Pearson Education, Inc. All Rights Reserved.  https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=2939&context=ils Copyright © 2017, 2014, 2013 Pearson Education, Inc. All Rights Reserved.  https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=2939&context=ils Copyright © 2017, 2014, 2013 Pearson Education, Inc. All Rights Reserved.  Laws of War https://www.icrc.org/en/document/what-are-jus-ad-bellum-and-jus-bello-0  Jus ad bellum: refers to the conditions under which states may resort to war or to the use of armed force in general.  Jus in bello: regulates the conduct of parties engaged in an armed conflict. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Is it legal to use force or threaten to use force? UN Charter Article 2  All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Is it legal to use force or threaten to use force?  The Article 2(4) prohibition is qualified by two essential exceptions:  (1) the inherent right of individual and collective self-defense in the face of armed attack, preserved by Article 51; and  (2) action for the maintenance or restoration of international peace and security authorized by the UN Security Council. Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Self-Defense  Self-defense should have the following characteristics: 1) Imminence 2) Necessity 3) Proportionality 4) Exhaustion of other options Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  Treaty on the Non-Proliferation of Nuclear Weapons (NPT) http://www.un.org/disarmament/WMD/Nuclear/NPTtext.shtml Countries with Nuclear Weapons:  Should not give nuclear weapons to others  Should start nuclear disarmament talks  Should share peaceful nuclear technology Countries without Nuclear Weapons:  Should not get nuclear weapons  Have the right to have full access to peaceful nuclear technologies Gave the option to countries to withdraw from NPT Copyright © 2017, 2014, Copyright 2013©Pearson 2017, 2014, Education, 2013 Inc. Pearson All Rights Education, Reserved. Inc. All Rights Reserved.  NPT Signatories Never signed NPT: India, Israel, Pakistan, South Sudan Countries withdrew from NPT North Korea  Non-Proliferation of Nuclear Weapons (NPT) (1968) International Atomic Energy Agency (IAEA) in Vienna Austria: UN agency based in Vienna charged with inspecting the nuclear power industry in member states to prevent secret military diversions of nuclear materials Copyright © 2017, 2014, 2013 Pearson Education, Inc. All Rights Reserved.  Is the Use of Nuclear Weapons Legal? http://www.icj-cij.org/en/case/95  On December 19 1994, the General Assembly passed resolution 49/75 K and asked the International Court Justice an advisory opinion:  “Is the threat or use of nuclear weapons in any circumstance permitted under international law ?”  On July 8 1996, the International Court of Justice rendered its Advisory Opinion:  Customary and conventional law  International humanitarian law Copyright © 2017, 2014, 2013 Pearson Education, Inc. All Rights Reserved.  Is the Use of Nuclear Weapons Legal? http://www.icj-cij.org/en/case/95  From a consideration of customary and conventional law, it concluded that the use of nuclear weapons could not be seen as specifically prohibited on the basis of that law, nor did it find any specific prohibition of the use of nuclear weapons in the treaties that expressly prohibited the use of certain weapons of mass destruction. Copyright © 2017, 2014, 2013 Pearson Education, Inc. All Rights Reserved.  Is the Use of Nuclear Weapons Legal? http://www.icj-cij.org/en/case/95  The Court then dealt with the question whether recourse to nuclear weapons ought to be considered as illegal in the light of the principles and rules of international humanitarian law applicable in armed conflict and of the law of neutrality. Copyright © 2017, 2014, 2013 Pearson Education, Inc. All Rights Reserved.  Is the Use of Nuclear Weapons Legal? http://www.icj-cij.org/en/case/95  Two cardinal principles:  distinction between combatants and non-combatants  unnecessary suffering should not be caused to combatants Copyright © 2017, 2014, 2013 Pearson Education, Inc. All Rights Reserved.  Is the Use of Nuclear Weapons Legal? http://www.icj-cij.org/en/case/95  (a) the first being aimed at the distinction between combatants and non-combatants ; States must never make civilians the object of attack and must consequently never use weapons that are incapable of distinguishing between civilian and military targets  (b) unnecessary suffering should not be caused to combatants. It follows that States do not have unlimited freedom of choice in the weapons they use. Copyright © 2017, 2014, 2013 Pearson Education, Inc. All Rights Reserved.  Is the Use of Nuclear Weapons Legal? http://www.icj-cij.org/files/case-related/95/095-19960708-ADV-01-00-EN.pdf  It follows from the above-mentioned requirements that the threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular the principles and rules of humanitarian law; Copyright © 2017, 2014, 2013 Pearson Education, Inc. All Rights Reserved.  Is the Use of Nuclear Weapons Legal? http://www.icj-cij.org/files/case-related/95/095-19960708-ADV-01-00-EN.pdf  However, in view of the current state of international law, and of the elements of fact at its disposal, the Court cannot conclude definitively whether the threat or use of nuclear weapons would be lawful or unlawful in an extreme circumstance of self-defense, in which the very survival of a State would be at stake Copyright © 2017, 2014, 2013 Pearson Education, Inc. All Rights Reserved.  Treaty on the Prohibition of Nuclear Weapons (TPNW) https://www.un.org/disarmament/wmd/nuclear/tpnw/  It is the first globally applicable multilateral agreement to comprehensively prohibit nuclear weapons.  Prohibits developing, testing, producing, acquiring, possessing, stockpiling, using or threatening to use nuclear weapons.  Entered into force on 22 January 2021  https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVI-9&chapter=26&clang=_en Copyright © 2017, 2014, 2013 Pearson Education, Inc. All Rights Reserved.