International Law - Second Year Study - Introduction to IOs PDF

[ **International law**] **[Week one International Organizations: A Legal Introduction]** Subjects/Questions for class discussion: Definitions and Types of International Organizations \*\*International Organizations (IOs)\*\* are entities established by treaties or other agreements between sovereign states or other international actors, aiming to facilitate cooperation on specific issues. They can be broadly categorized into two types: 1\. \*\*Intergovernmental Organizations (IGOs)\*\*: Composed of member states (e.g., United Nations, World Trade Organization). 2\. \*\*Non-Governmental Organizations (NGOs)\*\*: Typically composed of individuals or groups, focused on various social, humanitarian, or environmental issues (e.g., Amnesty International, Greenpeace). Who/What Can Create an IO? IOs can be created by: \- \*\*Sovereign States\*\*: Most commonly, through treaties or agreements among themselves. \- \*\*Existing International Organizations\*\*: They may establish new organizations or agencies under their mandate. \- \*\*International Conferences\*\*: Where states or organizations come together to negotiate and establish new bodies. Rules on Creation The creation of an IO is typically governed by: \- \*\*International Law\*\*: Specific rules and norms outlined in treaties, customary law, and judicial decisions. \- \*\*Treaty Law\*\*: The Vienna Convention on the Law of Treaties provides frameworks for treaty-making. \- \*\*Member State Consent\*\*: States must agree to the terms of the organization, which may include provisions on governance, funding, and jurisdiction. What Kind of Agreement Creates an IO? An IO is typically created through a \*\*treaty or multilateral agreement\*\*. This may include: \- \*\*Founding Treaties\*\*: Establish the organization\'s structure, purpose, and governance. \- \*\*Charters\*\*: Outline the organization\'s functions and principles (e.g., the UN Charter). \- \*\*Conventions or Protocols\*\*: May also be used to create specific organizations or frameworks. \#\#\# Importance of Legal Personality Having \*\*legal personality\*\* allows an organization to: \- Enter into contracts. \- Sue or be sued in court. \- Own property and manage assets. \- Carry out its objectives and responsibilities independently from member states. Legal Personality Under Domestic Law Under \*\*domestic law\*\*, legal personality means that an organization is recognized as having rights and obligations similar to a natural person or corporation. This recognition enables it to: \- Operate within a state's legal framework. \- Engage in legal proceedings. \- Access courts to enforce its rights. International Legal Personality \*\*International legal personality\*\* means an organization has recognition under international law, allowing it to: \- Engage in diplomatic relations. \- Enter into treaties with states and other IOs. \- Participate in international organizations and proceedings. Inherent or Attributed Personality \- \*\*Attributed Personality\*\*: Generally, personality is attributed to an organization based on its creation through treaties and its recognition by member states and other actors. It is not inherent; instead, it depends on legal frameworks established at both the international and domestic levels. Required reading: Charter of the United Nations (entered into force 24 October 1945) 1 UNTS 16, Preamble, arts 1, 104 The Preamble of the UN Charter expresses the collective aspiration of member states to promote peace, security, and cooperation on a global scale. It highlights the commitment of the nations involved to: \- Prevent future conflicts and to reaffirm faith in fundamental human rights. \- Uphold the dignity and worth of the human person. \- Establish social progress and better living standards in larger freedom. \- Promote friendly relations among nations based on respect for the principle of equal rights. \#\#\# Article 1 \*\*Purpose of the UN:\*\* Article 1 outlines the primary purposes of the United Nations, which are: 1\. \*\*To Maintain International Peace and Security:\*\* To take effective collective measures to prevent and remove threats to peace, suppress acts of aggression, and settle disputes peacefully. 2\. \*\*To Develop Friendly Relations Among Nations:\*\* Based on respect for the principle of equal rights and self-determination of peoples, the aim is to strengthen bonds among countries. 3\. \*\*To Achieve International Cooperation:\*\* In solving international problems of an economic, social, cultural, and humanitarian character, and in promoting and encouraging respect for human rights and fundamental freedoms for all. 4\. \*\*To Serve as a Center for Harmonizing Actions:\*\* To facilitate the coordination of the actions of nations in the attainment of these common goals. \#\#\# Article 104 \*\*Legal Status and Application:\*\* Article 104 states that: \- The Organization (the UN) enjoys international legal personality and capacity. \- It is explicitly recognized as having the capacity to enter into agreements with member states and other international organizations. \- This article makes clear that the UN is recognized as a distinct entity under international law that can act in various capacities. Reparation for Injuries Suffered in the Service of the UN (ICJ Advisory Opinion) 11 April 1949, ICJ Rep 174 \#\#\# Summary of the ICJ Advisory Opinion on Reparation for Injuries Suffered in the Service of the UN (11 April 1949) \*\*Background:\*\* The case addressed the circumstances surrounding the obligation of the United Nations (UN) to make reparations for injuries sustained by individuals (specifically, a UN Agent) while performing duties for the organization. This advisory opinion was requested by the UN General Assembly and was significant for defining the legal status of international organizations and their responsibilities. \*\*Key Facts:\*\* \- The scenario involved a UN agent, Sérgio Vieira de Mello, who was killed during a peacekeeping mission. \- The question arose concerning whether the UN had the capacity to make reparations for injuries, including death, inflicted on its agents while engaged in their official duties. \*\*Main Points of the Advisory Opinion:\*\* 1\. \*\*Legal Personality of the UN:\*\* \- The International Court of Justice (ICJ) affirmed that the UN possesses international legal personality, allowing it to act as a subject of international law. This status affords the organization rights, duties, and responsibilities akin to those of states. 2\. \*\*Obligation to Make Reparation:\*\* \- The opinion established that if an international organization, including the UN, suffers an injury caused by a wrongful act, it has a duty to make reparations. This principle is rooted in customary international law. \- The ICJ clarified that such obligations extend beyond merely compensating for material damages and could include moral damages. 3\. \*\*Relationship Between the UN and Its Agents:\*\* \- The ICJ highlighted the special relationship between the UN and its agents, emphasizing that these agents are not merely employees but representatives engaged in the organization\'s missions. \- The Court stated that the UN is responsible for injuries suffered by its agents during the execution of their official tasks due to wrongful acts committed in relation to their duties. 4\. \*\*Responsibility of Member States:\*\* \- The opinion also covered the responsibilities of member states concerning the UN\'s obligations. While states are expected to ensure the UN\'s protection and effective functioning, the legal arrangements concerning the UN\'s ability to seek reparations must be clear and explicit. 5\. \*\*Implications for International Law:\*\* \- The advisory opinion set a precedent regarding the rights of international organizations under international law, further establishing mechanisms for accountability and reparations. \- It underscored the UN\'s duty to uphold principles of justice, protecting both its agents and ensuring accountability for injuries sustained within its service. \*\*Conclusion:\*\* The ICJ\'s advisory opinion asserted the UN\'s capacity to make reparations for injuries suffered by its agents while serving the organization. It affirmed important principles regarding the rights and responsibilities of international organizations under international law and enhanced the understanding of the legal protections afforded to those who serve such institutions. **Powerpoint** Foundations and Process: The Constitutive Agreement 1\. Legal Personality \- \*\*External\*\* \- \*\*International\*\* 2\. Foundations and Process: The Constitutive Agreement \- International Organizations (IOs) are established based on a multilateral act that precedes their creation, which is an international agreement. \- IOs are considered secondary subjects of international law. \- These agreements typically arise within the context of an international conference. The Constitutive Agreement \- \*\*Contractual Dimension\*\*: The agreement\'s content depends on the will of the parties involved. Constitutional Dimension \- The constitutive agreement serves as the foundational document of the organization, creating new organs and regulating their powers and decision-making procedures. Interpretation of the Constitutive Agreement \- Rules for interpretation are outlined in Articles 31-33 of the Vienna Convention on the Law of Treaties (VCLT): \- \*\*Textual Interpretation\*\* \- \*\*Contextual Interpretation\*\* \- \*\*Teleological Interpretation\*\* \- Implicit powers may also be inferred. 3\. Birth of an Organization \- The organization comes into existence upon the entry into force of the constitutional agreement, according to its specified provisions. Types of Organizations \- \*\*Universal\*\*: Typically requires a broader number of ratifications (e.g., UNESCO, Article XV). \- \*\*Regional\*\*: Often subject to stricter requirements (e.g., Article 54 TEU). Organizational Structure \- Certain member states must be parties to the agreement (e.g., Article 110.3 of the UN Charter). Putting the Organization in Motion \- Key operational aspects include: \- Establishing headquarters \- Engaging in domestic legal relations \- Recruiting employees \- Tax considerations \- Developing organizational symbols \- Engaging in external legal relations Regulatory Framework \- These operational questions are typically regulated by: \- The constituent treaty \- The headquarters agreement between the IO and the host state, along with other related documents issued by the host state\'s Ministry of Foreign Affairs (MFA). 4\. Continuous Nature of the IO \- The organization is characterized by: \- Non-limited time \- Potential for accession by new states \- Provisions for the withdrawal of states \- Mechanisms for amendments 5\. Legal Personality (I): External \- Legal personality grants the capacity to enter into legal relations with other subjects of international law, enjoy rights, and fulfill obligations. \- IOs are considered equal to states and act as facilitators for collective action among states. \- IOs and states are distinct subjects of international law. Core Elements of Legal Personality \- \*\*Ius Contrahendi\*\*: The right to conclude international treaties. \- \*\*Ius Legationis\*\*: The right to establish international relations. \- \*\*Right to Participate in Dispute Settlement Proceedings\*\*. \- \*\*Right to Participate in Relations of International Responsibility\*\*. \- \*\*Privileges and Immunities\*\*. 6\. Legal Personality (II): Internal \- Internal legal personality includes: \- The capacity to conclude agreements with third parties. \- Participation in dispute settlement mechanisms concerning legal relations, including employment relations. \- Staff members may engage with bodies such as the UN Dispute Tribunal (UNDT), UN Appeals Tribunal (UNAT), and the International Labour Organization Administrative Tribunal (ILOAT). \- Engagement with external consultants. Participation in Dispute Settlement \- IOs participate in various dispute settlement mechanisms, including: \- United Nations Convention on the Law of the Sea (UNCLOS), Article 7.2, Annex IX. \- World Trade Organization (WTO) dispute settlement. \- Notable exclusion from the International Court of Justice (ICJ). Articles on the Responsibility of IOs \- Adopted by the International Law Commission (ILC) in 2011, these articles govern the responsibilities of international organizations. Privileges and Immunities \- Defined in several international frameworks: \- Article 105 of the UN Charter \- Article 139 of the Organization of American States (OAS) Charter \- Article 17 of the Constitutive Charter of the Arab Cooperation Council. **[week two The United Nations: Purposes and Principles, Structure and Main Bodies]** Subjects/questions for class discussion: \#\#\# Purposes and Principles of the United Nations \*\*Purposes\*\*: 1\. \*\*Maintain International Peace and Security\*\*: Prevent conflict and promote peace. 2\. \*\*Develop Friendly Relations Among Nations\*\*: Foster cooperation and respect for sovereignty. 3\. \*\*Achieve International Cooperation\*\*: Address global challenges such as climate change, human rights, and development. 4\. \*\*Promote Human Rights\*\*: Uphold and promote fundamental freedoms for all individuals. \*\*Principles\*\*: 1\. \*\*Sovereign Equality\*\*: All member states have equal rights and obligations. 2\. \*\*Peaceful Settlement of Disputes\*\*: States should resolve conflicts through negotiation and mediation. 3\. \*\*Non-Interference\*\*: Respect for the political independence and territorial integrity of states. 4\. \*\*Collective Action\*\*: Member states must work together to address threats to peace and security. Principal Organs of the UN 1\. \*\*General Assembly (GA)\*\*: \- \*\*Powers\*\*: Deliberates on issues, makes recommendations, adopts budgets, and elects non-permanent members of the Security Council. While its resolutions are non-binding, they carry significant moral and political weight. \- \*\*Membership\*\*: All 193 member states. 2\. \*\*Security Council (SC)\*\*: \- \*\*Powers\*\*: Responsible for maintaining international peace and security, it can impose sanctions, authorize the use of force, and take other measures to address threats. Decisions require the affirmative votes of at least nine of the fifteen members, including the five permanent members (China, France, Russia, the UK, and the USA). \- \*\*Membership\*\*: 15 members, including five permanent and ten non-permanent members elected for two-year terms. 3\. \*\*Secretariat\*\*: \- \*\*Powers\*\*: Carries out the day-to-day work of the UN, implements decisions made by other organs, and conducts diplomatic initiatives. Led by the Secretary-General, who serves as the spokesperson and diplomat of the UN. \- \*\*Functions\*\*: Includes administrative functions, research, and providing support for various UN initiatives. \#\#\# Sanction Regimes Established by the Security Council The Security Council can impose sanctions to maintain or restore international peace and security. These may include: 1\. \*\*Economic Sanctions\*\*: Trade restrictions, asset freezes, and financial sanctions. 2\. \*\*Travel Bans\*\*: Restrictions on travel for specific individuals. 3\. \*\*Arms Embargoes\*\*: Prohibition on the sale or transfer of weapons to certain states or entities. These measures are aimed at compelling compliance with SC resolutions, and their implementation is monitored by designated committees. \#\#\# Hierarchy and Scrutiny \- \*\*Hierarchy\*\*: The UN operates under a structure where the Security Council has primary responsibility for international peace and security, followed by the General Assembly, which provides a forum for discussion and recommendations. \- \*\*Scrutiny\*\*: Various bodies, including the General Assembly and the Economic and Social Council, scrutinize the actions of the Security Council. Member states can also engage in oversight through public debate and resolutions. \#\#\# Effect of Awards of UN Judicial Bodies: The International Court of Justice (ICJ) The \*\*International Court of Justice (ICJ)\*\* is the principal judicial organ of the UN. Its effects include: \- \*\*Binding Decisions\*\*: Its rulings are binding on the states involved in the case. \- \*\*Advisory Opinions\*\*: The ICJ can provide advisory opinions on legal questions referred by UN organs and specialized agencies, though these are non-binding. \- \*\*Influence on International Law\*\*: Its judgments contribute to the development and clarification of international law principles. \#\#\# Subsidiary Organs and Specialized Agencies 1\. \*\*Subsidiary Organs\*\*: Established to support the work of the main UN organs. Examples include: \- \*\*Human Rights Council\*\*: Monitors and promotes human rights globally. \- \*\*United Nations Development Programme (UNDP)\*\*: Focuses on development issues. 2\. \*\*Specialized Agencies\*\*: Independent organizations with specific mandates that coordinate with the UN. Examples include: \- \*\*World Health Organization (WHO)\*\*: Focuses on global health. \- \*\*International Monetary Fund (IMF)\*\*: Provides financial stability and economic advice. These organs and agencies enhance the UN\'s capacity to address a wide array of global issues effectively. Summary of Selected Articles of the UN Charter Article 1 \- Purpose and Principles The purposes of the UN include maintaining international peace and security, developing friendly relations among nations, achieving international cooperation in solving global problems, and being a center for harmonizing actions of nations. Article 2 \- Sovereign Equality All member states are sovereign equals. The principles of the UN include respect for the independence of nations, non-intervention in domestic affairs, and the obligation to settle disputes using peaceful means. \- \*\*Non-Use of Force\*\*: Members shall refrain from the threat or use of force against the territorial integrity or political independence of any state. Article 7 \- UN Structure : The UN has the capacity to create subsidiary organs as necessary for the performance of its functions. It will not interfere in matters which are essentially within the jurisdiction of individual states unless the Security Council takes measures under Chapter VII. Articles 9-14 \- General Assembly \- Article 9: The General Assembly can discuss any matters within the scope of the UN, including recommendations to member states. \- Article 10: The Assembly has the authority to discuss any questions related to the maintenance of international peace and security. \- Article 11: It can consider issues regarding international peace and security and make recommendations in those areas. \- Article 12: While the Security Council is exercising its functions, the General Assembly cannot make recommendations on those matters. \- Article 13 : The Assembly shall initiate studies and make recommendations for the promotion of international cooperation in socio-economic, cultural, and educational fields. \- Article 14: The Assembly can recommend measures for the peaceful adjustment of disputes. Articles 17-18 \- Voting Procedures: \- Article 17 : The General Assembly decides on its budget and determines the assessments of member states for meeting expenses; expenses shall be borne by members as decided by the Assembly. \- Article 18 : Decisions on important questions require a two-thirds majority; other matters are decided by a simple majority. Article 22-25 \- Functions of the General Assembly: \- Article 22: The Assembly can create subsidiary bodies as necessary. \- Article 23: There will be a General Committee to consider matters in preparation for the Assembly's sessions. \- Article 24 : The Security Council has primary responsibility for maintaining international peace and security. \- Article 25: Members agree to accept and carry out the decisions of the Security Council. Articles 27-29 \- Voting in the Security Council: \- Article 27: Each member of the Council has one vote; decisions on procedural matters require a simple majority, while substantive matters require a majority of both permanent and non-permanent members. \- Article 28: The Council shall hold periodic meetings and can invite any member to participate in discussions. \- Article 29\*: The Council can establish subsidiary bodies as required. Articles 92-94 \- nternational Court of Justice: \- Article 92: The International Court of Justice is the principal judicial organ of the UN. \- Article 93: All UN members are parties to the Statute of the Court. \- Article 94 The UN shall ensure that members comply with the Court\'s decisions. Articles 96-97 \- \*\*Advisory Opinions\*\*: \- \*\*Article 96\*\*: The General Assembly and the Security Council can request advisory opinions from the Court regarding legal questions. \- \*\*Article 97\*\*: The Secretariat shall be the organ of the UN with administrative functions. Articles 99-100 \- \*\*Role of the Secretary-General\*\*: \- \*\*Article 99\*\*: The Secretary-General can bring to the attention of the Security Council any matter that may threaten international peace. \- \*\*Article 100\*\*: The Secretary-General has freedom of communication and is not instructed by any member state. Article 103 \- \*\*Conflict of Obligations\*\*: In the event of a conflict between obligations of members under the UN Charter and any other international agreements, the obligations under the UN Charter shall prevail. Articles 108 \- \*\*Amendments\*\*: Amendments to the Charter require a two-thirds majority in the General Assembly and must be ratified by two-thirds of the member states, including all permanent members of the Security Council. Legal Consequences for States of the Continued Presence of South Africa in Namibia (South \#\#\# Summary of the ICJ Advisory Opinion on the Legal Consequences of South Africa\'s Continued Presence in Namibia \#\#\#\# Case Background The International Court of Justice (ICJ) was asked to provide an advisory opinion regarding the legal ramifications of South Africa\'s continued administration of Namibia (formerly South West Africa) despite the United Nations Security Council Resolution 276 (1970), which affirmed that South Africa\'s presence in Namibia was illegal. Key Findings 1\. \*\*Status of Namibia\*\*: \- \*\*Paragraphs 21-22\*\*: The ICJ reaffirmed that Namibia is not a territory under the sovereignty of South Africa. The Court emphasized that the administration of Namibia by South Africa was deemed illegal and that the territory is considered to be subject to international law, specifically the principles of self-determination and decolonization. 2\. \*\*Security Council Resolution 276 (1970)\*\*: \- The resolution called for an end to South Africa\'s presence in Namibia and demanded that it withdraw its administration of the territory. The Court highlighted that this resolution was binding and indicated that South Africa could not claim any legal basis for its continued presence in Namibia. 3\. \*\*Obligation to Cease Activities\*\*: \- \*\*Paragraphs 106, 108\*\*: The Court held that South Africa was under an obligation to cease its illegal activities in Namibia and to terminate its administration of the territory. This obligation arises from the international community\'s recognition of the right to self-determination for the people of Namibia. 4\. \*\*Responsibilities of Other States\*\*: \- \*\*Paragraphs 110, 113-119\*\*: The ICJ pointed out the obligation of other countries not to maintain relations with South Africa that could support or reinforce its unlawful activities in Namibia. States are required to refrain from acts that could lend legitimacy to South Africa's administration of Namibia. 5\. \*\*Legal Consequences of Non-Compliance\*\*: \- \*\*Paragraphs 122, 125-126\*\*: The Court concluded that should South Africa continue its presence and administration in Namibia, it would constitute a violation of international law and the rights of the Namibian people. This situation would also compel other states and the broader international community to enforce measures to ensure compliance with the Security Council resolutions, thereby fulfilling their legal responsibilities regarding international peace and the decolonization process. \#\#\#\# Conclusion The ICJ\'s advisory opinion affirmed the legal unacceptability of South Africa\'s continued presence in Namibia, outlining clear obligations for South Africa to withdraw and for other states to respect and uphold right to self-determination. This opinion served as an important affirmation of international law regarding colonial situations and the responsibilities of states in upholding the rights of territories under foreign administration. Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya v UK), (Prov. Measures, Order of 14 April \#\#\# Case Summary: Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya v. UK) Context The case concerns the aerial incident at Lockerbie, Scotland, where Pan Am Flight 103 was destroyed by a bomb on December 21, 1988, resulting in the deaths of 270 people. Libya was accused of being responsible for the bombing, leading to a series of legal proceedings under international law, particularly the 1971 Montreal Convention, which addresses the unlawful acts against civil aviation. Key Legal Issues The International Court of Justice (ICJ) assessed several vital aspects related to the interpretation and application of the 1971 Montreal Convention in the context of the Lockerbie incident: 1\. \*\*Jurisdictional Questions\*\*: The ICJ examined jurisdictional issues arising from Libya\'s claims against the United Kingdom, asserting that the UK had violated obligations under the Montreal Convention by not submitting to arbitration and not taking necessary steps under its provisions. 2\. \*\*Provisional Measures\*\*: Libya requested provisional measures to prevent the UK from prosecuting Libyan nationals without first referring the matter to the designated courts under the Montreal Convention. Key Paragraphs Summary \- \*\*Paras 32, 35-37\*\*: The ICJ reiterated the need for mutual respect and adherence to the provisions of the Montreal Convention regarding unlawful acts affecting civil aviation. The Court emphasized that effective international cooperation is critical in addressing such serious matters and the importance of treaties in maintaining order and safety in international air transport. \- \*\*Paras 39-42\*\*: The ICJ highlighted its jurisdiction under international law, confirming that it has the authority to adjudicate disputes concerning the interpretation and application of the Montreal Convention. The Court indicated that preliminary measures were necessary to safeguard the rights of Libya while the case was being decided, expressing concern that proceeding with legal actions against Libyan nationals without compliance with the Convention could result in irreparable harm to Libya. Conclusions The ICJ's provisional measures aimed to provide immediate relief to Libya, ensuring that any actions taken by the UK would not prejudge the outcome of the case. This decision underscored the importance of adhering to international agreements and the role of the ICJ in mediating disputes involving state parties, particularly in sensitive cases impacting international relations and safety. \#\#\# Summary of the ICJ Advisory Opinion on the Legality of the Use of Nuclear Weapons in Armed Conflict (8 July 1996) Context The International Court of Justice (ICJ) was requested by the World Health Organization (WHO) to provide an advisory opinion regarding the legality of the use of nuclear weapons in armed conflict. The inquiry involved considerations of both international humanitarian law (IHL) and general principles of international law. Key Findings 1\. \*\*General Legality\*\*: \- The ICJ stated that there is no comprehensive and explicit prohibition of the use of nuclear weapons under customary international law or treaties. However, the Court emphasized that the use of any weapon, including nuclear weapons, must comply with existing international law, particularly IHL. 2\. \*\*International Humanitarian Law\*\*: \- The Court reaffirmed the principle of distinction in IHL, meaning that combatants must distinguish between military objectives and civilians. Nuclear weapons, due to their catastrophic effects, present significant challenges to this principle. 3\. \*\*Principle of Proportionality\*\*: \- The Court noted that the principle of proportionality, which forbids excessive collateral damage in relation to the military advantage gained, is also applicable. The use of nuclear weapons could potentially violate this principle due to their indiscriminate nature and the massive destruction they cause. 4\. \*\*Existential Threat to Survival\*\*: \- The ICJ acknowledged the severe humanitarian consequences and long-term effects of a nuclear explosion, including death, injury, and environmental damage. It suggested that the consequences of using such weapons raise grave concerns regarding their compatibility with IHL. 5\. \*\*Absolute Prohibition\*\*: \- The Court did not definitively conclude that the threat or use of nuclear weapons would constitute a violation of IHL in every conceivable situation. It maintained that such use could be lawful in certain extreme circumstances, particularly if it were necessary to defend a state\'s existence. 6\. \*\*Recommendations for States\*\*: \- The ICJ urged states to pursue disarmament and the total elimination of nuclear weapons, aligning with their obligations under international law, including the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). \#\#\#\# Conclusion The ICJ\'s advisory opinion did not declare a blanket illegality of nuclear weapons under international law but underscored that their use must always respect the rules of IHL. The court called for nuclear disarmament, reflecting the need to prevent humanitarian catastrophes that could arise from their use. Ultimately, it maintained that the legality of nuclear weapons could not be determined universally and depended on the specific circumstances of each case. This advisory opinion remains a critical reference point for discussions related to nuclear weapons, international law, and humanitarian concerns surrounding armed conflict. **[Powerpoint]** Introduction The United Nations (UN) is a pivotal global organization with near-universal membership and a vast network of offices and missions around the world. It was established to address and manage international issues, particularly in times of crisis, where collective action and cooperation are crucial. As António Guterres, the current UN Secretary-General, aptly noted, the UN was designed for moments of significant global peril and limited agreement. 2\. UN Purposes and Principles Purposes: The UN's purposes are articulated in the Preamble and Article 1 of the UN Charter. These include: \- Maintaining international peace and security. \- Developing friendly relations among nations based on respect for self-determination and sovereign equality. \- Achieving international cooperation in solving economic, social, cultural, and humanitarian issues. \- Promoting and encouraging respect for human rights and fundamental freedoms. Principles: The principles of the UN, outlined in Article 2 of the UN Charter, include: \- Sovereign equality of all member states. \- The peaceful resolution of disputes. \- Non-intervention in domestic affairs of sovereign states. \- The prohibition of the use of force, except in self-defense or under the authorization of the UN Security Council. 3\. UN Structure and Main Bodies The UN is composed of six principal organs, each with distinct functions and responsibilities: 1\. Secretariat: \- Role: Manages the day-to-day operations of the UN and provides services to other UN bodies. \- Leadership: Led by the Secretary-General, who acts as the chief administrative officer and public face of the UN. \- Staff Independence: According to Article 100 of the UN Charter, staff members are independent of national governments. \- Current Secretary-General:António Guterres. \- Staff Size:Approximately 51,500 (D). 2\. General Assembly (GA): \- Role:The main deliberative, policymaking, and representative organ. Each member state has one vote. \- \*\*Competences:\*\* Handles a wide range of issues, including international law, budgetary matters, and the appointment of the Secretary-General. \- \*\*Decision-Making:\*\* Important questions require a two-thirds majority, while other questions need a simple majority. Outputs are usually non-binding unless otherwise specified. 3\. Security Council (SC): \- Role: Maintains international peace and security. It can impose sanctions or authorize military action. \- Membership: Comprises 15 members, with 5 permanent (P5: China, France, Russia, the UK, and the US) and 10 elected for two-year terms. \- Decision-Making: Decisions require at least 9 votes out of 15, including affirmative votes from all P5 members. A P5 member\'s veto can block resolutions. 4\. Economic and Social Council (ECOSOC):\* \- Role: Coordinates economic, social, and related work of 15 UN specialized agencies. Focuses on fostering international economic and social cooperation. \- Membership:\*54 members elected by the General Assembly. 5\. Trusteeship Council: \- Role:Originally designed to oversee the administration of trust territories and prepare them for self-governance. It is now inactive. 6\. International Court of Justice (ICJ): \- Role:\*\* The principal judicial organ of the UN. It adjudicates disputes between states and gives advisory opinions on legal questions. \- Composition:\*15 judges elected by the General Assembly and the Security Council. \- Decisions:\*Binding on the parties involved in a case. Advisory opinions are non-binding but influential. 4\. Subsidiary Organs International Law Commission (ILC) \- \*\*Role:\*\* Works on the codification and progressive development of international law. Drafts documents like the Vienna Convention on the Law of Treaties and the Rome Statute. Human Rights Council (HRC): \- Role: Conducts Universal Periodic Reviews (UPR) to assess the human rights situation in all member states. 5\. Specialized Agencies These autonomous organizations work alongside the UN but have their own legal status and budgetary responsibilities: 1.\*International Labour Organization (ILO): \- Role: Sets international labor standards and promotes social justice and fair labor practices. \- Unique Feature: Operates on a tripartite basis with representatives from governments, employers, and workers. 2\. World Health Organization (WHO): \- Role: Focuses on international public health. Provides leadership on global health matters and coordinates responses to health emergencies. \- Advisory Opinions: The WHO can request advisory opinions from the ICJ on legal questions related to international health issues. **[Week three privilges and immunities of Ios]** Subjects/questions for class discussion: \#\#\# Privileges and Immunities of the United Nations The privileges and immunities of the United Nations are essential for its functioning as an international organization. They allow the UN to operate independently and effectively in the global arena. Here are the key points: 1\. \*\*Core Privileges and Immunities\*\*: \- \*\*Inviolability of Premises\*\*: UN headquarters and offices are inviolable, meaning they cannot be entered without consent. \- \*\*Exemption from Taxes\*\*: The UN is exempt from most forms of taxation, both at the local and national levels. \- \*\*Immunity from Legal Process\*\*: The UN cannot be sued in domestic courts, which protects its operations from legal interference. \- \*\*Freedom of Communication\*\*: The UN has the right to communicate freely with member states and other international organizations. 2\. \*\*Legal Framework\*\*: \- The 1946 Convention on the Privileges and Immunities of the United Nations is the primary legal instrument governing these privileges. \- Additional agreements and treaties may apply, particularly in host countries. 3\. \*\*Implications for Member States\*\*: \- Host countries must respect the UN\'s privileges, which can sometimes lead to tensions, particularly if local laws conflict with these immunities. \- These privileges are essential for ensuring the UN can perform its mandate without undue influence or pressure from member states. Privileges and Immunities of State Representatives 1\. \*\*Definition and Scope\*\*: \- State representatives (e.g., diplomats, heads of state) enjoy immunities under international law, particularly the Vienna Convention on Diplomatic Relations. \- Key privileges include: \- \*\*Personal inviolability\*\*: They cannot be arrested or detained. \- \*\*Immunity from civil and criminal jurisdiction\*\*: They cannot be prosecuted in the host country for their official actions. 2\. \*\*Case Studies\*\*: \- Controversial cases have arisen where states have sought to arrest or charge foreign diplomats, leading to diplomatic disputes. \- The case of a diplomat accused of criminal activity often raises questions about the limits of immunity. 3\. \*\*Limitations\*\*: \- Immunities do not cover acts performed outside official duties, and serious crimes may lead to diplomatic tensions. \- States can waive immunity, which allows for prosecution if agreed upon. \#\#\# Privileges and Immunities of UN Officials 1\. \*\*Distinction Between Officials and Representatives\*\*: \- UN officials (e.g., staff, officers) have specific privileges under the UN Charter and the 1946 Convention. \- Their privileges are designed to protect their independence and integrity in fulfilling their duties. 2\. \*\*Accountability Mechanisms\*\*: \- While UN officials enjoy immunity from legal processes, there are internal accountability mechanisms (e.g., disciplinary procedures). \- The UN can investigate misconduct and take actions such as suspension or dismissal. 3\. \*\*Impact on Local Jurisdictions\*\*: \- The privileges of UN officials can sometimes lead to conflicts with local laws, especially in cases of alleged misconduct. \- Host countries must navigate these complexities while respecting the UN\'s operational independence. \#\#\# Privileges and Immunities of Experts on Mission 1\. \*\*Definition and Roles\*\*: \- Experts on mission may include consultants, advisors, or specialists sent by the UN to support specific initiatives. \- They receive certain privileges similar to those of UN officials, including immunity from legal process concerning their official duties. 2\. \*\*Challenges and Controversies\*\*: \- Experts may face challenges in fulfilling their roles if local authorities question their privileges. \- Instances of misconduct can lead to calls for reviewing their immunity, particularly if it hampers accountability. 3\. \*\*Practical Implications\*\*: \- Their privileges enable them to operate freely in conflict zones or sensitive environments, crucial for effective UN missions. \- Balancing immunity with accountability remains a significant concern in their deployment and actions. \#\#\# Conclusion The privileges and immunities of the UN, state representatives, UN officials, and experts on mission serve to facilitate international cooperation and the UN's effectiveness. However, these privileges must be balanced with accountability to ensure that they do not lead to abuses or undermine local laws. Required reading: Charter of the United Nations (1945) art 105 Article 105 of the Charter of the United Nations addresses the legal status, privileges, and immunities of the UN and its officials. Here\'s the text: 1\. \*\*The United Nations, its property and assets, wherever located and by whomsoever held, shall enjoy such privileges and immunities as are necessary for the fulfillment of its purposes.\*\* 2\. \*\*Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization.\*\* 3\. \*\*The General Assembly may make recommendations with respect to the privileges and immunities referred to in paragraph 1 and 2 above.\*\* 4\. \*\*The Organization shall enter into agreements with the Members of the United Nations as may be necessary to give effect to the provisions of this Article.\*\* In essence, Article 105 establishes the legal framework for the UN to operate effectively and protect its representatives and officials by ensuring they have the necessary privileges and immunities. Convention on the Privileges and Immunities of the United Nations (adopted 13 February 1946, entered into force 17 September 1946) 90 UNTS 327, ss 1-4, 7, 11-12, 14-15, 18-23, 30 Applicability of Art. VI, Section 22, of the Convention on Privileges and Immunities of the UN("Mazilu") (ICJ Advisory Opinion) 15 December 1989, ICJ Rep 177, para 52 (available here) Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights("Cumaraswamy") (ICJ Advisory Opinion) 29 April 1999, paras 10, 40, 42-43, 50-53, 55-56, available here) ICTY, Decision on Aloys Ntabakuze's Motion for Injunctions against the Government of Rwanda Regarding the Arrest and Investigation of Lead Counsel Peter Erlinder ("Erlinder"), ICTR-98-41-A, 6 October 2010, paras. 18-29, available here) Recommended reading: Agreement between the United Nations and the United States Regarding the Headquarters of the UN (adopted26 June 1947, entered into force 21 November 1947)approved by UNGA Res 169 (II) (31 October 1947) Draft Model Status-of-Force Agreement between the United Nations and Host Countries, Report of the Secretary-General,'Model Status-of-Forces Agreement for Peace-keeping Operations'(Annex) (1990) UN Doc A/45/594 Schermers/Blokker 2018, §§323-324 In \"International Institutional Law: Unity Within Diversity\" by Schermers and Blokker, the sections §§323-324 discuss the privileges and immunities of international organizations, focusing specifically on the United Nations. These sections analyze the legal basis and implications of Article 105 of the UN Charter in more detail. \#\#\# §323: Legal Basis and Scope \- \*\*Privileges and Immunities:\*\* This section elaborates on the scope of the privileges and immunities granted to the United Nations and its officials under Article 105. It explains that these privileges and immunities are crucial for the UN to function effectively and independently. \- \*\*Nature of Immunities:\*\* The privileges and immunities granted are intended to ensure that the UN can carry out its duties without interference. This includes protection from legal processes and certain taxes. \- \*\*International Agreements:\*\* Schermers and Blokker note that the UN and its member states often enter into specific agreements to elaborate on and implement the general principles outlined in Article 105. §324: Implementation and Impact \- \*\*Implementation:\*\* This section discusses how the UN implements these privileges and immunities through agreements with its member states. It emphasizes the role of the General Assembly in recommending measures to ensure these privileges are upheld. \- \*\*Impact on Member States:\*\* The section examines how these privileges and immunities affect relations between the UN and its member states, including potential challenges and how disputes might be resolved. These sections are crucial for understanding how international law governs the operational independence of international organizations like the UN, ensuring they can perform their functions without undue interference from member states. **Powerpoint** Privileges and Immunities 1\. Privileges and Immunities in General \- \*\*Privilege\*\*: An exemption from a rule. For example, diplomats are not required to pay income tax in the host state. \- \*\*Immunity\*\*: A protection from legal action, meaning one is exempt from legal proceedings. Jan Klabbers highlights that if a diplomat risks arrest on frivolous charges at the discretion of the host state, it jeopardizes the maintenance of international relations. 2\. Privileges and Immunities of States \- The rules on privileges and immunities (P&I) are foundational in international law. \- Governed by the Vienna Convention on Diplomatic Relations (1961), which is universally accepted and largely codifies customary public international law (PIL). \- The purpose of P&I is to allow diplomatic missions to effectively fulfill their functions. \- Diplomatic protection is based on the principle of reciprocity. State Immunity \- A state is immune for all acts performed by its officials in their official capacity (jure imperii). \- The rationale is that equals do not have sovereignty over one another (par in parem non habet imperium). \- State immunity is a rule recognized by most states, rather than a discretionary gesture. \- Referenced in ICJ, \*Case Concerning Arrest Warrant of 11 April 2000 (DRC v Belgium, 2002)\*. \- However, state practice regarding immunity is diverse and complex. \#\#\# Tensions with the Right to Fair Trial \- Conflicts arise with the right to a fair trial for individuals whose rights may have been violated by a state official. \- See Article 14 of the ICCPR and Article 6 of the ECHR. \- ECtHR judgments (e.g., \*Al-Adsani v UK \[2001\]\*) indicate that state immunity from civil lawsuits cannot be declared inherently contrary to Article 6 ECHR. \- ICJ rulings, such as \*Jurisdictional Immunities of the State (Germany v Italy, 2012)\*, affirm that customary PIL does not support claims that gross violations of international human rights law remove a state\'s entitlement to immunity. Private/Commercial Acts \- A state is not immune for its private or commercial acts (jure gestionis). \- For example, when acting as a company, it is subject to lawsuits. \- Consequently, state immunity is generally viewed as restricted rather than absolute. Diplomatic Immunities \- Heads of state and ambassadors have absolute personal immunity for all actions (public and private) while in office. \- These immunities are not for personal benefit but to ensure the effective performance of their functions. \- In the ICJ\'s \*Arrest Warrant\* case, a minister is shielded by personal immunity even for acts committed prior to taking office. \- There are no exceptions to this absolute immunity, even in cases of international crimes. Former Officials \- In \*DRC v Rwanda\* (2006), the ICJ ruled that a breach of a jus cogens norm does not remove jurisdictional immunity. \- ECtHR in \*Jones and others v UK\* (2014) noted that despite emerging support for exceptions in cases of civil claims for torture, immunity remains intact. \- When a minister ceases to hold office, immunity becomes more limited. They can be tried for acts committed outside their official capacity. \- International criminal tribunals may have jurisdiction once an individual is no longer in office. Misuse of Immunity \- If diplomats misuse their immunity, there are several rules and remedies available. \- ICJ\'s ruling in \*U.S. Diplomatic and Consular Staff in Iran\* (1980) indicates that diplomats must respect local laws and not interfere in internal affairs. \- If a diplomat fails to comply, the host state can declare them persona non grata, requiring the sending state to recall them. \- If unresolved, the host state can sever diplomatic ties. 3\. Privileges and Immunities of International Organizations \- The immunities of international organizations (IOs) in relation to host state jurisdiction are essential for their independence. United Nations \- Article 105 of the UN Charter states that privileges and immunities are necessary for the effective exercise of the UN\'s functions. \- IO immunities generally reflect those of states but may differ due to their unique nature. \- Immunity from local court jurisdiction does not imply that local laws are inapplicable to IOs; they must comply with local regulations. Headquarters Agreements \- The UN enjoys absolute immunity as outlined in the 1946 General Convention on Privileges and Immunities. \- Article II states that the UN is exempt from local taxes, and its property and archives are immune from legal action. \- The inviolability of IO premises means that host state authorities cannot enter without permission from the administrative head of the IO. Member States and Troop Immunities \- Member states must waive their representatives\' immunity if it impedes justice. \- Military troops on peacekeeping operations are not subject to host state jurisdiction, governed by the Status-of-Forces-Agreement (SOFA). \- Troops enjoy immunity from local jurisdiction over crimes committed but fall under their contributing nations\' exclusive jurisdiction. Accountability and Controversies \- The question of whether immunity equates to impunity has been raised in cases like \*Mothers of Srebrenica\*, where the UN\'s immunity was upheld despite allegations of failing to prevent genocide. \- ECtHR decisions have indicated that IOs should have dispute settlement mechanisms to protect human rights, but absolute immunity remains. \#\#\# Conclusion \- The relationship between IOs and host states is increasingly scrutinized, especially regarding the impact of IO operations on local populations. \- The UNGA has urged member states to criminalize misconduct by their nationals serving in the UN. \- As IO operations affect millions, the need for a reevaluation of immunity provisions is becoming apparent, emphasizing the necessity for justice and accountability. **Week four** The Law Governing International Organizations 1\. Who/What Can Be a Member of an IO? \- \*\*Sovereign States\*\*: The primary members of intergovernmental organizations (IGOs) are usually sovereign states. \- \*\*Regional Organizations\*\*: Some IOs allow regional organizations to be members. \- \*\*Non-State Actors\*\*: Certain NGOs or private entities may be granted consultative status or partnership roles but are not formal members. 2\. How Does an Entity Become a Member of an IO? \- \*\*Founding Treaty\*\*: Membership is often established through a founding treaty that outlines the criteria for membership. \- \*\*Application Process\*\*: Entities typically must submit an application to join, which is reviewed by existing members. \- \*\*Approval\*\*: Membership usually requires consensus or a majority vote among current members, depending on the organization\'s rules. 3\. What Powers Do IOs Have? \- \*\*Legislative Powers\*\*: Create binding agreements or resolutions (often in the form of treaties or regulations). \- \*\*Executive Powers\*\*: Implement policies, manage operations, and oversee projects. \- \*\*Judicial Powers\*\*: In some cases, resolve disputes or provide advisory opinions (e.g., through the International Court of Justice). 4\. Distinction Between Legislative, Executive/Administrative, and Judicial Powers \- \*\*Legislative Powers\*\*: Involve the creation of rules, policies, or regulations that bind member states or entities (e.g., General Assembly resolutions). \- \*\*Executive/Administrative Powers\*\*: Concern the implementation of those rules and the administration of the organization (e.g., actions taken by the Secretariat). \- \*\*Judicial Powers\*\*: Relate to the adjudication of disputes or interpretation of laws and agreements, usually handled by designated judicial bodies (e.g., the ICJ). 5\. Who Decides What Powers an IO Has? And When It Is in Doubt? \- \*\*Founding Documents\*\*: The powers of an IO are defined in its founding documents (treaties, charters). \- \*\*Member States\*\*: Member states typically have the authority to interpret and modify these powers through consensus or voting in their governing bodies. \- \*\*Advisory Opinions\*\*: When in doubt, member states or organs may seek advisory opinions from judicial bodies like the ICJ. 6\. How Do IOs Govern Themselves? And Reach Decisions? \- \*\*Governing Bodies\*\*: Most IOs have established governing bodies (e.g., General Assembly, Security Council) that meet regularly to discuss and make decisions. \- \*\*Voting Mechanisms\*\*: Decisions may be made by consensus or through various voting mechanisms (simple majority, two-thirds majority). \- \*\*Administrative Structures\*\*: Day-to-day governance is managed by administrative organs (e.g., the Secretariat). 7\. What Role Do States Play in the Internal Governance and Decision-Making of the IOs They Create? \- \*\*Representation\*\*: States are usually represented in the governing bodies and have a say in decision-making processes. \- \*\*Influence\*\*: They can influence the agenda, propose resolutions, and vote on key issues. \- \*\*Funding and Resources\*\*: States often provide financial support and resources, which can affect the operations and priorities of the IO. Conclusion International organizations are shaped by the interests and agreements of their member states, which define their powers, governance structures, and decision-making processes. The interplay between legislative, executive, and judicial functions allows IOs to effectively address global challenges while remaining accountable to their members. Required Reading: Here\'s a summary of the cases you mentioned: 1\. \*\*Charter of the United Nations (1945)\*\*, Articles 2-6, 19: \- These articles establish the principles of the UN, including the sovereign equality of member states, the obligation to settle disputes peacefully, and the prohibition of the use of force. They outline the functions of the UN and the authority of the General Assembly, particularly regarding budgetary matters and the decision-making process. 2\. \*\*Vienna Convention on the Law of Treaties (1980)\*\*, Article 5: \- This article clarifies the applicability of the Convention, specifying that it applies to treaties between states. It underscores the importance of consent and the rules governing the creation and operation of treaties in international law. 3\. \*\*Conditions of Admission of a State to Membership in the United Nations (ICJ Advisory Opinion, 1948)\*\*: \- This opinion outlines the criteria for a state\'s admission to the UN, emphasizing the necessity for a state to be peace-loving and accept the obligations of the UN Charter. The ICJ confirmed that the General Assembly has discretion in the admission process. 4\. \*\*Competence of the General Assembly for the Admission of a State to the United Nations (ICJ Advisory Opinion, 1950)\*\*: \- The ICJ reaffirmed the authority of the General Assembly to admit new members, emphasizing its role in determining the qualifications of applicant states and the political implications of membership decisions. 5\. \*\*Certain Expenses of the United Nations (ICJ Advisory Opinion, 1962)\*\*: \- The Court addressed the legality of certain expenses incurred by the UN, stating that member states are obligated to pay their share of expenses arising from the Organization's activities, which are deemed essential for carrying out its functions. 6\. \*\*Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt (ICJ Advisory Opinion, 1980)\*\*: \- This opinion clarified the interpretation of a specific agreement between the World Health Organization and Egypt, addressing the responsibilities and rights of both parties under international law, particularly in the context of public health cooperation. These cases illustrate key aspects of international law concerning the functioning of international organizations and the responsibilities of member states. **[Powerpoint]** Membership in International Organizations (IOs) Overview This document discusses membership in international organizations (IOs), focusing specifically on full membership of states, and outlines key aspects related to powers and decision-making within these organizations. Types of Member States 1\. \*\*Founders\*\*: States that establish the organization. 2\. \*\*Acceding States\*\*: States that join the organization after its establishment. There is no legal distinction between the two types; however, acceding states must meet the admission criteria set by the founders. Membership Rights and Duties \- \*\*Rights\*\*: \- Voting rights \- Privileges and immunities \- \*\*Duties\*\*: \- Financial contributions \- Adherence to the organization\'s rules and decisions Joining an IO \- Membership acquisition is governed by the organization\'s constituent instrument, specifying: \- Who can join \- Under what conditions \- The procedural steps required for admission Accession Process in the United Nations \- \*\*Article 4 of the UN Charter\*\* outlines the accession process: \- The General Assembly (UNGA) decides on membership by a two-thirds majority (Article 18(2)). \- The Security Council (UNSC) must recommend the admission, subject to the veto power (Article 27(3)). \- If the UNSC does not recommend a state, the UNGA cannot admit it, highlighting the balance of decision-making between these two bodies. Historical Context \- The development of UN membership occurred against the backdrop of the Cold War, where states from opposing alliances faced vetoes that influenced their , often leading to package deals for multiple states. Suspension of Membership Rights \- In cases where a member state does not comply with its obligations, the organization can temporarily suspend membership rights without relieving the state of its duties. Relevant provisions can be found in Articles 5 and 19 of the UN Charter. Powers of International Organizations Nature of Powers \- Organizations operate based on powers attributed to them by member states. They lack general competence and can only act within the limits set by their founders. Types of Powers 1\. \*\*Express Powers\*\*: Clearly stated in the organization\'s constituent instrument. 2\. \*\*Implied Powers\*\*: Not explicitly mentioned but essential for fulfilling the organization's functions, as confirmed by the International Court of Justice (ICJ) in its advisory opinions. Delegated Powers \- Organizations can grant powers to subsidiary organs. These delegated powers must not increase the obligations of the organization or its member states and cannot exceed the powers originally granted to the organization. Inherent Powers \- Organizations may possess inherent powers necessary for fulfilling their duties. This concept allows organizations to adapt to new challenges and roles as required by their functions. Ultra Vires Acts \- An act that exceeds the powers of an organization is termed \"ultra vires.\" Determining the validity of such acts is an internal matter, and these acts can be annulled, rendering them non-existent. Decision-Making in International Organizations Rules of Procedure \- Each organ within an IO typically has its own rules of procedure that dictate how decisions are made. Voting procedures may differ significantly between organizations. Types of Decision-Making Processes 1\. \*\*Consensus\*\*: Decisions are made without formal votes, relying on general agreement. 2\. \*\*Unanimity\*\*: Requires all members present to vote in favor for a decision to pass. 3\. \*\*Majority Voting\*\*: \- \*\*Simple Majority\*\*: More than half of the votes must be in favor. \- \*\*Qualified Majority\*\*: A specified majority is required, often taking into account the weighted votes of member states. Conclusion Membership in international organizations involves complex legal frameworks governing rights, duties, and powers. Understanding these elements is crucial for navigating the intricacies of international governance and the roles that states play within these entities. **[Week five]** Subjects/Questions for class discussion \#\#\# What is a Reservation? What are the Conditions for Their Validity? \*\*Reservation\*\*: A reservation is a unilateral statement made by a state when signing, ratifying, accepting, or approving a treaty, whereby it seeks to exclude or modify the legal effect of certain provisions of the treaty in relation to that state. \*\*Conditions for Validity\*\*: 1\. \*\*Compatibility with the Object and Purpose\*\*: The reservation must not be incompatible with the treaty\'s overall aim and objectives. 2\. \*\*Expressed Clearly\*\*: The reservation must be explicitly stated and communicated to the other parties. 3\. \*\*Acceptance by Other Parties\*\*: Depending on the treaty, other parties may need to accept the reservation for it to be effective (as per Article 20 of the Vienna Convention on the Law of Treaties). \#\#\# Who Interprets a Reservation? What are Their Effects? \- \*\*Interpretation\*\*: Reservations are typically interpreted by: \- \*\*The International Court of Justice (ICJ)\*\*: As a judicial body, it can provide authoritative interpretations in disputes involving reservations. \- \*\*States Parties\*\*: Other states may also interpret the reservation\'s scope and implications during negotiations or discussions. \- \*\*Effects\*\*: \- \*\*Legal Standing\*\*: A valid reservation modifies the treaty's application for the reserving state but does not affect the treaty\'s application for other states. \- \*\*Potential Disputes\*\*: Disagreements over reservations can lead to diplomatic or legal disputes among states. \#\#\# What is an Interpretative Declaration? An \*\*interpretative declaration\*\* is a statement made by a state upon signing, ratifying, or accepting a treaty, clarifying how it interprets certain provisions without seeking to exclude or modify them. Unlike reservations, interpretative declarations do not alter the treaty\'s legal effect but express the state\'s understanding or intentions regarding specific terms. \#\#\# Which Issues Not Mentioned in the VCLT Have Arisen in Practice, in Connection with Reservations? \- \*\*Subsequent Agreements\*\*: The impact of subsequent agreements or practices between states on the validity or interpretation of reservations is not fully addressed in the VCLT. \- \*\*Withdrawal of Reservations\*\*: The process and implications of withdrawing or modifying reservations after a treaty has entered into force can lead to legal uncertainties. \- \*\*Silent Reservations\*\*: Situations where states do not explicitly mention reservations in their ratification documents may cause confusion about their legal status. \#\#\# According to the VCLT, How is a Treaty to Be Interpreted? The VCLT outlines principles for treaty interpretation in Article 31, which emphasizes: 1\. \*\*Good Faith\*\*: Treaties must be interpreted in good faith. 2\. \*\*Ordinary Meaning\*\*: Words and phrases should be given their ordinary meaning in their context. 3\. \*\*Contextual Factors\*\*: The context includes the treaty\'s text, preamble, and annexes, as well as any agreements made in connection with the treaty. 4\. \*\*Subsequent Practice\*\*: The interpretation should consider any subsequent practice in the application of the treaty, which establishes agreement among the parties regarding its interpretation. \#\#\# Are All Interpretive Methods at the Same Level? How Do They Interact with Each Other? \- \*\*Hierarchy of Methods\*\*: While the VCLT does not establish a strict hierarchy, the methods of interpretation can interact: \- \*\*Textual Interpretation\*\*: This is often prioritized as the primary means of interpretation. \- \*\*Contextual and Teleological Approaches\*\*: These methods may be used to clarify ambiguous provisions or when the text is not definitive. \- \*\*Complementarity\*\*: Different interpretative methods can complement each other, helping to provide a fuller understanding of a treaty\'s provisions. \#\#\# Does Interpretation Vary Across Branches of International Law? Yes, interpretation can vary across different branches of international law due to: \- \*\*Specific Norms\*\*: Different legal frameworks (e.g., human rights law, environmental law, trade law) may have unique interpretive principles or practices. \- \*\*Judicial Precedents\*\*: Courts and tribunals in various fields may apply specific approaches based on the context and nature of the treaties involved. \- \*\*Cultural and Regional Differences\*\*: Interpretative approaches may reflect varying legal traditions and practices among states, impacting how treaties are understood and applied in different contexts. \#\#\# Conclusion The law governing reservations and treaty interpretation is complex and multifaceted, with important implications for international relations and legal obligations. Understanding these concepts helps clarify how states interact within the framework of international law. **[Powerpoint]** Introduction Part 1: Reservations - Treaties à la Carte Case Study (I) \*\*International Covenant on Civil and Political Rights: Turkey's Declaration upon Accession\*\* The Republic of Turkey states that it will implement the provisions of this Covenant only with respect to States with which it has diplomatic relations. Case Study (II) \*\*International Covenant on Civil and Political Rights: Turkey's Declaration upon Accession - Cyprus\'s Objection\*\* Turkey declares it will implement the provisions of the Covenant only with States that have diplomatic relations with it. \> Cyprus objects to this declaration, stating that it amounts to a reservation, creating uncertainty regarding the States Parties to which Turkey is committing itself. This raises concerns about Turkey\'s commitment to the Covenant\'s object and purpose. Cyprus, therefore, formally objects to the reservation. However, this reservation, or the objection to it, shall not prevent the Covenant from entering into force between Cyprus and Turkey. \#\#\# Key Questions Regarding Reservations \- Does the reservation aim to exclude the operation of the treaty? \- Is the reservation valid? \- How should a reservation be interpreted? \- Who is affected by a reservation? \- Who is responsible for answering these questions? 1\. Definition \*\*Article 2(d) of the VCLT\*\*: "A unilateral statement, however phrased or named, made by a State when signing, ratifying, accepting, approving, or acceding to a treaty, purporting to exclude or modify the legal effect of certain provisions of the treaty in their application to that State." 2\. Sources \- Articles 19-23 of the VCLT \- ICJ Advisory Opinion: Reservations to the Convention on Genocide (1951) \- ILC: Guide to Practice on Reservations to Treaties (2011) Reservations to the Genocide Convention \*\*First International Decision on Validity and Legal Effects\*\* \- This decision is authoritative and predates the VCLT, influencing the regime surrounding treaty reservations. \- \*\*Flexibility\*\*: It allowed for the 'fragmentation' of legal effects. \- \*\*Integrity\*\*: It references the 'object and purpose' of treaties. \- \*\*Human Rights Treaties\*\*: The humanitarian nature of the Genocide Convention is unique. 3\. Conditions for Validity (Article 19 VCLT) \- Reservation is prohibited by the treaty (a). \- Only specified reservations are permitted (b). \- Reservations must be compatible with the object and purpose of the treaty (c). 4\. Acceptance and Objection \*\*General Situations - Article 20.4 VCLT\*\* \- \*\*Acceptance\*\*: Refers to a party\'s acknowledgment of a reservation concerning that state. \- \*\*Objection\*\*: Generally does not prevent the treaty\'s entry into force. \- \*\*Article 20.4.c\*\*: Acceptance of a reservation is required within 12 months. \*\*Special Situations\*\* \- Authorised reservations. \- A limited number of negotiating States or those concerning the treaty\'s object and purpose. \- Constituent treaties of International Organizations (Articles 20.1-3 VCLT). 5\. Legal Effects Reservations can lead to the exclusion or modification of the legal effects of specific treaty provisions as they apply to the reserving state. 6\. Interpretative Declarations Interpretative declarations can also modify the legal effects of treaty provisions in their application to a state. \*\*ICL's Definition of Reservations to Treaties\*\*: "A unilateral statement, however phrased or named, made by a State or an international organization, whereby that State or organization purports to specify or clarify the meaning or scope of a treaty or certain of its provisions." \*\*Guideline 1.2\*\* Interpretative Declarations Continued \- The classification of a unilateral statement as a reservation or interpretative declaration is determined by the legal effect the author intends to produce. \*\*Guideline 1.3\*\* \- Such statements should be interpreted in good faith, according to the ordinary meaning of their terms, to identify the author\'s intent in light of the relevant treaty. \*\*Guideline 1.4\*\* 7\. Withdrawal and Formalities Refer to Articles 22 and 23 of the VCLT for the procedures concerning withdrawal and formalities. 8\. Reservations to Human Rights Treaties \- \*\*A sui generis regime?\*\* \- What challenges arise from reservations to human rights treaties? This revised text provides clarity and enhances the organization, ensuring that each section flows logically while retaining all key information. **[Week six]** \#\#\# How Does the VCLT Address the Matter of Successive Treaties Relating to the Same Subject Matter? The \*\*Vienna Convention on the Law of Treaties (VCLT)\*\* addresses successive treaties in Articles 30 and 59: \- \*\*Article 30\*\*: This article stipulates that when two treaties relate to the same subject matter, the later treaty shall prevail if: \- The parties to the later treaty are all parties to the earlier treaty and the later treaty is intended to replace the earlier one. \- The later treaty expressly modifies the earlier treaty. \- \*\*Article 59\*\*: This article states that a treaty is considered terminated if all parties conclude a later treaty relating to the same subject matter, provided that the later treaty is intended to replace the earlier one. \#\#\# Is the Question Regulated Satisfactorily? The regulation of successive treaties in the VCLT is generally considered satisfactory as it provides clear rules for determining the relationship between treaties. However, challenges may arise in practice regarding: \- \*\*Ambiguities\*\*: Determining the intent behind treaties can sometimes lead to ambiguities, especially when interpreting the scope of replacement. \- \*\*Conflicting Obligations\*\*: States may find themselves facing conflicting obligations if they are parties to both treaties. \#\#\# How Can Treaties Be Amended? Treaties can be amended through several processes: 1\. \*\*Provisions in the Treaty\*\*: Many treaties include specific clauses detailing how they can be amended (e.g., a majority vote of the parties). 2\. \*\*Consensus Among Parties\*\*: Parties may agree to amendments through negotiation and consensus. 3\. \*\*Subsequent Treaties\*\*: A new treaty can be established to amend or replace the original treaty, following the procedures outlined in the VCLT. \#\#\# What Are the Grounds for a Treaty's Invalidity and What Are Their Conditions of Application? What Are Their Effects? \*\*Grounds for Invalidity\*\* (as per Article 46-53 of the VCLT): 1\. \*\*Incapacity\*\*: If a state was not legally capable of entering into the treaty. 2\. \*\*Coercion\*\*: If a state was coerced into agreeing to the treaty (Article 51). 3\. \*\*Fraud\*\*: If the consent of a state was obtained through fraudulent means (Article 49). 4\. \*\*Corruption\*\*: If a state was induced to consent through corrupt practices (Article 50). 5\. \*\*Conflict with Domestic Law\*\*: If the treaty conflicts with a state's fundamental domestic law (Article 46). 6\. \*\*Violation of Peremptory Norms\*\*: Treaties that conflict with a jus cogens norm (a fundamental principle of international law) are void (Article 53). \*\*Conditions of Application\*\*: \- Validity must be assessed at the time the treaty is concluded. \- Grounds for invalidity must be established with sufficient evidence. \*\*Effects\*\*: \- An invalid treaty is considered null and void from the outset. \- States cannot rely on the provisions of an invalid treaty, and the status quo ante may need to be restored. \#\#\# What Are the Grounds for the Suspension/Termination of a Treaty? What Are Their Legal Effects? \*\*Grounds for Suspension or Termination\*\* (as per Articles 54-64 of the VCLT): 1\. \*\*Mutual Agreement\*\*: Parties may agree to suspend or terminate the treaty. 2\. \*\*Breach of Treaty\*\*: A serious breach by one party allows the other parties to suspend or terminate (Article 60). 3\. \*\*Fundamental Change of Circumstances\*\*: If circumstances change fundamentally and were not anticipated, the treaty may be terminated or suspended (Article 62). 4\. \*\*Expiration\*\*: Some treaties include provisions for termination upon reaching a specified date. 5\. \*\*Withdrawal\*\*: Treaties may allow a party to withdraw under specified conditions (Article 56). \*\*Legal Effects\*\*: \- \*\*Suspension\*\*: A suspended treaty temporarily ceases to have effect but may be resumed. \- \*\*Termination\*\*: A terminated treaty is considered nullified, releasing parties from obligations. \- \*\*Continuing Obligations\*\*: Certain obligations, like those related to dispute resolution or reparations, may survive termination or suspension. \#\#\# Conclusion The VCLT provides a comprehensive framework for addressing issues related to successive treaties, amendments, invalidity, and suspension/termination. Understanding these principles is essential for navigating the complexities of international law and the relationships between treaties. **[Powerpoint]** 1\. Sources \- \*\*Articles 31-33 of the VCLT 1969\*\* \- Additional rules and maxims, though not codified in the VCLT, are applicable across various legal systems. \- This section draws on R. Kolb\'s \*The Law of Treaties: An Introduction\* (Edward Elgar, 2016). 2\. Subjects of Interpretation \*\*Who interprets treaties, and what impact does it have?\*\* \- \*\*Self-interpretation\*\* \- \*\*Third-party interpretation\*\* \- \*\*Authentic interpretation\*\* Approaches to Interpretation \- \*\*Objective school\*\*: Focuses on the text and context. \- \*\*Subjective school\*\*: Considers the intent of the parties. 3\. Favoring the Objective Approach 4\. General Rule of Interpretation \- \*\*Ordinary meaning (textual interpretation)\*\* \- \*\*Context\*\*: The surrounding circumstances of the treaty. \- \*\*Object and purpose (teleological interpretation)\*\*: Understanding the treaty\'s aims. \*\*Good Faith\*\*: Ensures that provisions are interpreted reasonably, avoiding manipulation by rigidly adhering to the wording. 5\. Context (Article 31.2 VCLT) This includes: \- The text itself (including the preamble and annexes) \- Agreements among all parties \- Instruments accepted by the parties These elements are linked to the text and existed at the time of its adoption. 6\. Beyond the Context (Article 31.3 VCLT) This encompasses: \- Subsequent agreements made between the parties \- Practices that establish common agreement \- Relevant rules of international law These elements relate to the treaty and arise after its conclusion. \#\# 7. Overall Structure 1\. \*\*General rule of interpretation\*\* (Article 31.1 VCLT) 2\. \*\*Broader context\*\* (elements existing at the moment of adoption, Article 31.2 VCLT) 3\. \*\*Beyond the context\*\* (Article 31.3 VCLT) \#\# 8. Supplementary Means of Interpretation \*\*Article 32 VCLT\*\* \- \*\*Preparatory works (travaux préparatoires)\*\* \- \*\*Circumstances surrounding the treaty\'s conclusion\*\* \- Used to confirm meaning under Article 31 VCLT. \- Applied when other methods yield ambiguity or unreasonable results. \#\# 9. Linguistic Versions (Article 33 VCLT) \- \*\*General Rule\*\*: All linguistic versions of a treaty hold equal value. \- In case of divergences, the meaning that best reconciles the texts should be sought, considering the treaty\'s object and purpose. \#\# 10. Interpretation Beyond the VCLT \*\*Maxims and General Canons\*\* include: \- A contrario and by analogy \- Argumentum ab absurdum \- Effet utile (useful effect) \- In favorem libertatis (in favor of freedom) \- Lex specialis (specific law within the same treaty) \#\#\# Evolutionary Interpretation Should treaty terms be interpreted based on the law at the time of their adoption or in light of contemporary legal norms? Examples include interpretations of terms like \"corporal punishment,\" \"family,\" \"commerce,\" and \"harassment.\" Part 2: Conflicts of Treaties 1\. General Issues \*\*Article 30 VCLT\*\* \- Addresses specific issues in public international law (PIL). \- Recognizes the subjective theory of the VCLT. \- Affirms the primacy of the UN Charter (Article 103). \- The VCLT does not address customary law. \- Presumption of non-conflict is maintained. \*\*ECtHR, Al Jedda v. United Kingdom, para. 102\*\*: In cases of ambiguity in Security Council resolutions, the Court must interpret them harmoniously with the Convention to avoid conflicts of obligations. Clear language is expected if the Security Council intends to impose measures conflicting with international human rights law. 2\. General Approaches \- \*\*Lex specialis derogat generalis\*\*: Specific law prevails over general law. \- \*\*Lex posterior derogat priori\*\*: Later law prevails over earlier law. Step 1: Primacy of the UN Charter 1\. Subject to Article 103 of the UN Charter, the rights and obligations of States Parties to successive treaties on the same subject matter are determined as follows: \*\*Article 103 UN Charter\*\*: In case of conflict between UN obligations and obligations under any other international agreement, the UN obligations take precedence. Step 2: Treaty Specification 2\. When a treaty specifies its relationship to earlier or later treaties, the provisions of the specified treaty prevail. \- \*\*Example 1\*\*: Article 4 of the Agreement for the Implementation of the UN Convention on the Law of the Sea (1982) clarifies that it does not prejudice States\' rights, jurisdiction, and duties under the Convention. \- \*\*Example 2\*\*: Article 4.1 of the Protocol on Environmental Protection to the Antarctic Treaty states it supplements the Antarctic Treaty without modifying it. \- \*\*Example 3\*\*: Article 53 of the ECHR specifies that it does not limit or derogate from human rights ensured under other laws or agreements. Step 3: Successive Treaties with Identical Parties 3\. When all parties to the earlier treaty are also parties to the later treaty, and the earlier treaty is not terminated or suspended, the earlier treaty applies only to the extent that its provisions are compatible with the later treaty. \#\# Step 4: Successive Treaties with Partially Identical Parties 4\. When the parties to the later treaty do not include all parties to the earlier one: \- (a) For States Parties to both treaties, the same rule as in paragraph 3 applies. \- (b) For a State party to both treaties and a State party to only one, the treaty to which both States are parties governs their mutual rights and obligations. Step 5: International Responsibility 5\. Paragraph 4 does not affect Article 41 or any issues of termination or suspension of a treaty under Article 60. It also does not impact responsibilities arising from a treaty whose provisions conflict with obligations under another treaty. \*\*Cooperation regarding waiver of immunity and consent to surrender\*\*: Refer to Article 98.2 of the Rome Statute. **[Latin terms]** 1\. Lus contrahendi: The right to conclude international treaties 2\. Lex posterior derogate priori: A later law repeals an earlier law 3\. Par in parem non habet imperium: Equal parties cannot exercise authority over one another 4\. Lus legationis: The right to establish diplomatic relations 5\. Lex specialis derogate generali: The more specific law overrides the general law 6\. Jus cogens: Norms of international law that permit no derogation 7\. Pacta sunt servanda: Agreements between states are binding and must be honored 8\. Ultra vires: Actions taken by an organization outside its legal powers 9\. Opinio juris: A state's belief that its actions are based on customary international law 10\. Rebus sic stantibus: Treaties may be terminated or suspended if there is a fundamental change of circumstances 11\. Jus gentium: Customary law governing relations between states 12\. Erga omnes: Obligations owed by all states towards the international community 13\. Lus in bello: The laws governing the conduct of warfare 14\. jus ad bellum: The legal framework governing the use of force by states 15\. Locus standi: The right of a party to bring a case before the court 16\. Forum prorogatum: The extension of a court's jurisdiction by the consent of the parties 17\. Persona non grata: A diplomat declared unwelcome by the host state 18\. Lus sanguinis: Citizenship based on descent or bloodline 19\. Lacta sunt servanda: Treaties must be honored once they enter into force 20\. Ratio decidendi: The legal reasoning or principle behind a court\'s decision **[First test (16 october)]** **Week 1: Introduction to International Organizations** 1\. Charter of the United Nations(entered into force 24 October 1945) 1 UNTS 16, Preamble, arts 1, 104 2\. Reparation for Injuries Suffered in the Service of the UN (ICJ Advisory Opinion) 11 April 1949, ICJ Rep 174 **Week 2: The United Nations - Purposes and Principles, Structure and Main Bodies** 1\. Charter of the United Nations(1945) arts 1, 2, 7, 9-14, 17-18, 22-25, 27, 29, 92-94, 96-97, 99-100, 103, 108 2\. Legal Consequences for States of the Continued Presence of South Africa in Namibia (ICJ Advisory Opinion) 21 June 1971, ICJ Rep 16, paras 21-22, 106, 108, 110, 113-119, 122, 125-126 3\. Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya v UK) (Prov. Measures, Order of 14 April 1992) ICJ Rep 114, paras 32, 35-37, 39-42 4\. Legality of the Use by a State of Nuclear Weapons in Armed Conflict (WHO Request) (ICJ Advisory Opinion) 8 July 1996, ICJ Rep 66, paras 21, 25 **Week 3: Privileges and Immunities of International Organizations** 1\. Charter of the United Nation (1945) art 105 2\. Convention on the Privileges and Immunities of the United Nations (adopted 13 February 1946, entered into force 17 September 1946) 90 UNTS 327, ss 1-4, 7, 11-12, 14-15, 18-23, 30 3\. Applicability of Art. VI, Section 22, of the Convention on Privileges and Immunities of the UN ("Mazilu") (ICJ Advisory Opinion) 15 December 1989, ICJ Rep 177, para 52 4\. Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights ("Cumaraswamy") (ICJ Advisory Opinion) 29 April 1999, paras 10, 40, 42-43, 50-53, 55-56 5\. ICTY, Decision on Aloys Ntabakuze's Motion for Injunctions against the Government of Rwanda Regarding the Arrest and Investigation of Lead Counsel Peter Erlinder ("Erlinder") ICTR-98-41-A, 6 October 2010, paras. 18-29 **Week 4: Membership, Powers and Decision-Making Procedures** 1\. Charter of the United Nations (1945) arts 2-6, 19 2\. Vienna Convention on the Law of Treaties(entered into force 27 January 1980) 1155 UNTS 331, art 5 3\. Conditions of Admission of a State to Membership in the United Nations (ICJ Advisory Opinion) 28 May 1948, ICJ Rep 57 4\. Competence of the General Assembly for the Admission of a State to the United Nations\*\* (ICJ Advisory Opinion) 3 March 1950, ICJ Rep 4 5\. Certain Expenses of the United Nations (ICJ Advisory Opinion) 20 July 1962, ICJ Rep 151 6\. Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt (ICJ Advisory Opinion) 20 December 1980, ICJ Rep 73 **Week 5: Law of Treaties (I): Reservations, Treaty Interpretation** 1\. A. Henriksen, International Law, 4th edition (Oxford University Press, 2023) (sections 3.8 and 3.9 of Chapter 3) 2\. ICJ, Reparation for Injuries Suffered in the Service of the UN (ICJ Advisory Opinion) \[1949\] ICJ Rep, 174 (interpretation) 3\. European Court of Human Rights, Golder v. United Kingdom, App. No. 4451/70, paras. 26-36 (interpretation) **Week 6: Law of Treaties (II): Successive Treaties Relating to the Same Subject Matter, Amendment, Invalidity, Termination/Suspension** 1\. A. Henriksen, International Law, 4th edition (Oxford University Press, 2023) (sections 3.7, 3.10, and 3.11 of Chapter 3) 2\. ICJ, Gabcikovo--Nagymaros Project (Hungary/Slovakia)\[1997\] ICJ Rep 1997, 7, paras. 92-97, 102-103, 104, 105-110, 115 **Case Law** 1. Reparation for Injuries Suffered in the Service of the UN (ICJ Advisory Opinion) 11 April 1949, ICJ Rep 174 In its Advisory Opinion of April 11, 1949, the International Court of Justice confirmed that the United Nations has the capacity to bring international claims for reparation following the assassination of Count Folke Bernadotte. The Court ruled that the UN can seek compensation not only for itself but also for damages suffered by the victim or their beneficiaries. Although diplomatic protection is traditionally the responsibility of the victim\'s national State, the Court recognized the UN\'s right to claim reparation as essential to its functions, suggesting that conflicts with the victim\'s State could be resolved through agreements. 2. Legal Consequences for States of the Continued Presence of South Africa in Namibia (ICJ Advisory Opinion) 21 June 1971, ICJ Rep 16 On October 27, 1966, the UN General Assembly declared the termination of South Africa\'s Mandate over South West Africa (Namibia), stating that South Africa had no rights to administer the territory. In 1969, the Security Council deemed South Africa\'s continued presence in Namibia illegal and invalidated its actions there. In response, the Security Council sought an advisory opinion from the International Court of Justice, which, on June 21, 1971, confirmed that South Africa\'s presence was indeed illegal and mandated its immediate withdrawal. The Court also ruled that UN member states must recognize this illegality and refrain from any actions that would support South Africa's administration in Namibia, urging non-member states to assist in the UN\'s efforts regarding the territory. 3. Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya v UK) (Prov. Measures, Order of 14 April 1992) ICJ Rep 114 On March 3, 1992, Libya filed cases against the U.S. and U.K. concerning the 1988 Lockerbie bombing under the Montreal Convention, claiming they pressured Libya to extradite two accused nationals despite no extradition treaty. The International Court of Justice initially denied Libya\'s requests for provisional measures and later dismissed preliminary objections from the U.S. and U.K. regarding jurisdiction. Ultimately, on September 9, 2003, both parties agreed to discontinue the proceedings, which the Court formally recorded. 4. Legality of the Use by a State of Nuclear Weapons in Armed Conflict (WHO Request) (ICJ Advisory Opinion) 8 July 1996, ICJ Rep 66 On September 3, 1993, the World Health Organization (WHO) submitted a question to the International Court of Justice regarding whether the use of nuclear weapons by a state would breach international law and the WHO Constitution, due to health and environmental effects. After reviewing submissions from 35 states and holding oral proceedings in late 1995, the Court issued an advisory opinion on July 8, 1996, stating it could not answer the question. While the WHO was authorized to address health impacts, the Court found the question related to the legality of nuclear weapons, which fell outside the WHO\'s mandate and into the broader realm of international law concerning the use of force and disarmament, thus exceeding the scope of the organization\'s specialized competence. 5. Applicability of Art. VI, Section 22, of the Convention on Privileges and Immunities of the UN ("Mazilu")(ICJ Advisory Opinion) 15 December 1989, ICJ Rep 177 On May 24, 1989, the UN Economic and Social Council requested an advisory opinion from the International Court of Justice regarding the applicability of Article VI, Section 22, of the Convention on the Privileges and Immunities of the United Nations to Mr. Dumitru Mazilu, a Romanian national and Rapporteur on human rights. Mazilu faced obstacles from the Romanian authorities in fulfilling his mandate, including a denied travel permit. In its Advisory Opinion on December 15, 1989, the Court rejected Romania\'s claims of jurisdiction and confirmed that Section 22 applied to experts on UN missions, granting them privileges and immunities throughout their assignment, regardless of travel. The Court concluded that Mazilu retained his status as Special Rapporteur and was entitled to these protections. 6. Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights ("Cumaraswamy") (ICJ Advisory Opinion) 29 April 1999 In the advisory opinion issued on April 29, 1999, the International Court of Justice addressed the legal applicability of Article VI, Section 22 of the Convention on the Privileges and Immunities of the United Nations to Special Rapporteur Mr. Cumaraswamy, who faced defamation lawsuits in Malaysia for statements made in his official capacity. The Court affirmed that Mr. Cumaraswamy qualified as an expert on mission under the Convention, thereby enjoying immunity from legal processes. It emphasized that the Secretary-General had the authority to assess immunity claims, noting that the Secretary-General recognized Mr. Cumaraswamy\'s actions fell within his official functions. Ultimately, the Court concluded that Malaysia failed to comply with its international legal obligations by not respecting the immunity conferred upon Mr. Cumaraswamy. 7. Conditions of Admission of a State to Membership in the United Nations (ICJ Advisory Opinion) 28 May 1948, ICJ Rep 57 In its Advisory Opinion of May 28, 1948, the International Court of Justice addressed the issue of State admission to the United Nations after several applications were vetoed by permanent members of the Security Council. The Court interpreted Article 4 of the UN Charter, declaring that the conditions for admission of States were exhaustive; thus, if a candidate State met these conditions, the Security Council was obligated to recommend its admission to the General Assembly for a decision. 8. Competence of the General Assembly for the Admission of a State to the United Nations (ICJ Advisory Opinion) 3 March 1950, ICJ Rep 4 In its Advisory Opinion of March 3, 1950, the International Court of Justice addressed a proposal suggesting that the term \"recommendation\" in Article 4 of the UN Charter could be interpreted to allow the General Assembly to admit a State without a Security Council recommendation, thereby circumventing a veto. The Court clarified that the Charter explicitly requires both a Security Council recommendation and a General Assembly decision for admission. It emphasized that a lack of recommendation due to a veto does not equate to an unfavourable recommendation, as the Security Council had not indicated any recommendation was made. Thus, allowing admission without a Council recommendation would undermine the Council\'s critical role as defined by the Charter. 9. Certain Expenses of the United Nations (ICJ Advisory Opinion) 20 July 1962, ICJ Rep 151 10. Gabcikovo--Nagymaros Project (Hungary/Slovakia) \[1997\] ICJ Rep 1997, 7 1\. Reparation for Injuries Suffered in the Service of the UN (ICJ Advisory Opinion) 11 April 1949, ICJ Rep 174 The ICJ confirmed that the UN has the capacity to claim reparations for damages suffered by individuals in its service, essential for its functions. 2\. Legal Consequences for States of the Continued Presence of South Africa in Namibia (ICJ Advisory Opinion) 21 June 1971, ICJ Rep 16 The ICJ ruled that South Africa\'s continued presence in Namibia was illegal, requiring immediate withdrawal and urging member states to refrain from supporting its administration. 3\. Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya v UK) (Prov. Measures, Order of 14 April 1992) ICJ Rep 114 The ICJ dismissed Libya\'s requests for provisional measures regarding the Lockerbie bombing and later recorded the parties\' agreement to discontinue the proceedings. 4\. Legality of the Use by a State of Nuclear Weapons in Armed Conflict (WHO Request) (ICJ Advisory Opinion) 8 July 1996, ICJ Rep 66 The ICJ could not determine the legality of nuclear weapons use for the WHO, stating the question exceeded its mandate and fell under broader international law. 5\. Applicability of Art. VI, Section 22, of the Convention on Privileges and Immunities of the UN ("Mazilu")(ICJ Advisory Opinion) 15 December 1989, ICJ Rep 177 The ICJ affirmed that the privileges and immunities under the UN Convention applied to Mr. Mazilu, granting him protections despite Romanian obstacles. 6\. Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights ("Cumaraswamy") (ICJ Advisory Opinion) 29 April 1999 The ICJ upheld Mr. Cumaraswamy\'s immunity from legal proceedings in Malaysia, emphasizing the Secretary-General\'s authority to recognize such immunity. 7\. Conditions of Admission of a State to Membership in the United Nations (ICJ Advisory Opinion) 28 May 1948, ICJ Rep 57 The ICJ concluded that if a State meets the conditions for admission to the UN, the Security Council must recommend its admission to the General Assembly. 8\. Competence of the General Assembly for the Admission of a State to the United Nations (ICJ Advisory Opinion) 3 March 1950, ICJ Rep 4 The ICJ clarified that the UN Charter requires both a Security Council recommendation and a General Assembly decision for State admission, rejecting unilateral admission. 9\. Certain Expenses of the United Nations (ICJ Advisory Opinion) 20 July 1962, ICJ Rep 151 The ICJ determined that certain expenditures related to UN operations were valid \"expenses of the Organization,\" supporting its purposes. 10\. Gabcikovo--Nagymaros Project (Hungary/Slovakia) \[1997\] ICJ Rep 1997, 7 The ICJ ruled that Hungary could not abandon the Nagymaros project, Slovakia had rights under the Treaty, and both states were required to negotiate in good faith regarding their obligations. **Reading list part two** **Certainly! Here's the reading overview structured by weeks, from Week 7 to Week 4:** **[Week 7: The Reception of International Law in Domestic Legal Orders]** Subjects/Questions for Class Discussion: \- Enforcement of International Law: General Introduction \- How is international law ordinarily applied? Which state organs are responsible for such application? \- What is monism/dualism and why is the distinction relevant? \- What is a self-executing obligation? \- How are the terms 'enforcement of international law' and 'international dispute settlement' related? \- What is a 'dispute' and how is the term different in legal contexts? Required Reading: \- E. Denza, 'The Relationship between International and National Law', in M. D. Evans, \*International Law\* (6th Ed., Oxford University Press, 2024) Chapter 14 or earlier editions (e.g., 5th Ed., 2018, Chapter 13). \- L. van den Herik, 'Diplomatic vs Judicial International Dispute Settlement' (8 min 33 sec, available online). **[Week 8: International Responsibility and Sanctions]** Subjects/Questions for Class Discussion: \- What are the circumstances precluding wrongfulness in the ARSIWA? What are their conditions of application? What are their legal effects? \- What is shared responsibility? \- Under which circumstances may international organizations be responsible for internationally wrongful acts? \- What are sanctions and how are they different from countermeasures? \- How has the practice of the UNSC evolved in the adoption of sanctions? \- What is aggravated responsibility? Mandatory Readings: \- A. Henriksen, \*International Law\*, 4th edition (Oxford University Press, 2023) (sections 7.4, 7.5, 7.7, and 7.9 of Chapter 7; section 13.3 of Chapter 13). \- J. Crawford, 'The International Law Commission's Articles on State Responsibility: Past and Future' (Audiovisual Library of International Law, available online) (min 12:45 to 22:14 and 30:05 to 32:15). \- ICJ, \*Gabcikovo--Nagymaros Project (Hungary/Slovakia)\* \[1997\] ICJ Rep 1997, 7 (available online) paras. 78-87. Reference Material: \- Articles on the Responsibility of States for Internationally Wrongful Acts, 2001 (without commentaries) (available online) arts. 1-18; 20-27; 40-41; 46-48; 49-54. \- Articles on the Responsibility of International Organizations, 2011 (without commentaries) (available online). \- UN Charter (1945), Chapter VII, arts. 39 and 41. Recommended Reading: \- N. D. While, 'Countermeasures and sanctions', in M. D. Evans, \*International Law\* (6th Ed., Oxford University Press, 2024) Chapter 17 or equivalent chapter in earlier editions. **[Week 9: The International Court of Justice]** Subjects/Questions for Class Discussion: \- What is the position of the ICJ ('the Court') within the international legal landscape? \- Who are the judges of the Court? \- Who are the parties to cases before the Court? \- Which incidental proceedings may the Court deal with? \- The life of a case before the Court: In short. \- What are the legal effects of the Court's judgment? \- What is the Court's advisory jurisdiction and what are the conditions for its activation? Required Reading: \- ICJ, \*The International Court of Justice Handbook\* (available online) 21-27, 33-43, 49-70, and 77-78. \- A. Henriksen, \*International Law\*, 4th edition (Oxford University Press, 2023) (sections 12.4 of Chapter 12). Reference Material: \- UN Charter (1945) Chapter XIV. \- ICJ Statute, Arts. 2-4; 9; 34-38; 41, 43; 59-60; 65. \- List of Declarations recognizing the jurisdiction of the Court as compulsory (available online). **[Week 10: Introduction to Administrative Law]** Subjects/Questions for Class Discussion: \- What is admi

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