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Disputes = disagreement on a point of law or fact, a conflict of legal views of interests between two persons Caused by: - Omission - Intentional breach - Different approaches/ interpretations - Change of the circumstances UN Charter “Every State shall settle its internatio...

Disputes = disagreement on a point of law or fact, a conflict of legal views of interests between two persons Caused by: - Omission - Intentional breach - Different approaches/ interpretations - Change of the circumstances UN Charter “Every State shall settle its international disputes with other States by peaceful means in such a manner that international peace and security and justice are not endangered. States shall accordingly seek early and just settlement of their international disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their choice. In seeking such a settlement the parties shall agree upon such peaceful means as may be appropriate to the circumstances and nature of the dispute. “ Means to resolve dispute between states - listed in declaration of rights of states 70s DIPLOMATIC Negotiation, - Bilateral, multilateral, commissions ad hoc - It's an obligation, not just a conduct - Need to have a precise result - Some international treaties might have a clause obliging the parties to enter into negotiations before any other mean for dispute settlement is used - Treaty on the Non-Proliferation of Nuclear Weapons (NPT,1970) - Article IV:” obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament “ - ICJ : Advisory op Legality of the Threat or Use of Nuclear Weapons ,1996 : not mere obligation of conduct, but an obligation to achieve a precise result. Mediation and Good offices - 3rd parties that facilitate the dialogue and bring the 2 disputing countries together - 3rd party can be single state, group of states, individuals, organ of igo; needs to be acceptable to all parts - Good offices: the 3rd party offers good offices to the conflicting states to facilitate dialogue and assistance towards peaceful settlement; Once the negotiations have started, the functions of good offices are usually considered to be completed.  - Mediation: active participation of third party during negotiations, conducts them, proposes solutions, drafts proposals, clarify issues, can even initiate negotiations - Unlike conciliation, the mediator often does not investigate or determine facts; more informal process, also non-binding Inquiry - Fact finding commission, to see if there are facts that can prove one side - Employs impartial commissions (panel of experts) to investigate factual or technical aspects. Conciliacion - Impartial third party/ commission, formal - Often includes inquiry - Propose non binding solutions ( drafted if parties agree to them) Legal Arbitration - Binding dispute settlement with parties agreement on procedures, judges, applicable law - Envisaged in most treaties 1. Ad-hoc Arbitration (provisional): no specific institutional structure required 2. Permanent Arbitration Institution: permanent court of arbitration (the oldest institution for international dispute resolutions. It was established in 1899 by the Hague Convention for the Pacific Settlement of International Disputes; elects icj judges, an igo but not an organ of un) Judicial settlement - Involves international courts like: - International Court of Justice (ICJ): Handles state disputes based on consent. - Specialized courts, e.g., WTO panels for trade disputes. Regional Mechanisms for Dispute Settlement 1. Africa: ○ African Union mechanisms include the Peace and Security Council 2002 and ad hoc mediation. ○ Regional bodies like Arab League or Economic community of west african states provide frameworks for mediation and arbitration in sub-regional disputes. ( eg ECWAS for Liberia 1990) 2. Americas: ○ Organization of American States (OAS): Peace missions (e.g., Belize-Guatemala, costa rica nicaragua). 3. Europe:  ○ Organisation for security and cooperation in Europe: Addresses security and political issues. Established the Court of Conciliation and Arbitration (1992). Worked on disputes in former Yugoslavia, Moldova, Georgia, Estonia, and Ukraine. Economic Settlement Mechanisms Investment Disputes: ○ ICSID (World Bank): Specialized in investor-state disputes. Trade Disputes: ○ World Trade Organization (WTO): Handles disputes among member states. ○ NAFTA: Resolves trade issues among North American countries. The ICJ: The ICJ is the principal judicial organ of the United Nations, responsible for resolving disputes between states and providing advisory opinions on legal questions referred by authorized UN organs. Predecessor: The Permanent Court of International Justice (PCIJ) established in 1920 by the League of Nations. Purpose of the ICJ: Ensures peaceful settlement of disputes. Acts as a "guardian of legality" for international law. Provides legal advice to the UN and other authorized entities. Composition Judges: 15 judges elected by the UN General Assembly (UNGA) and Security Council (UNSC) to serve nine-year terms. Judges represent major legal systems and geographic regions. Qualifications: High moral character and recognized competence in international law. The Permanent Court of Arbitration (PCA) provides a list of potential candidates from which the UN General Assembly and Security Council elect judges Leadership Judges elect a President and Vice-President for three-year renewable terms. Responsibilities include overseeing case proceedings and administrative matters. Special Chambers and Committees  Chambers created for specialized cases: ○ Chamber for Environmental Matters: Established in 1993 to address environmental disputes. ○ Ad hoc Chambers: Formed for specific disputes, such as the Burkina Faso-Mali case (1983). Flexibility in structure allows for faster resolution of particular disputes. Types of Jurisdiction 1. Contentious Jurisdiction: ○ Resolves disputes between states with explicit or implicit consent. ○ Based on: Treaties: Often include "compromissory clauses" granting ICJ jurisdiction. Optional Clause (Article 36(2)): States can accept ICJ jurisdiction as compulsory in disputes relating to treaties, international law, or breaches of obligations. 2. Advisory Jurisdiction: ○ Provides non-binding opinions at the request of: UN General Assembly. UN Security Council. Specialized UN agencies. ○ Example: Legality of Nuclear Weapons Advisory Opinion (1996). Legal Basis Primary Sources: International treaties, conventions, and customary international law. Supplementary Sources: Judicial decisions and scholarly writings. Nature of Legal Disputes: Disputes require clearly opposing views between parties: Proceedings 1. Provisional Measures: Temporary actions to prevent harm during the case. ○ Example: Costa Rica vs. Nicaragua (2013)—provisional measures to avoid ecological damage. 2. Evidence: ○ Includes documents, testimony, and expert reports. ○ The burden of proof lies with the applicant. Rulings Binding on parties involved. Final and without appeal (Article 94, UN Charter). Importance of Treaties and Agreements Treaties often form the foundation for ICJ jurisdiction and rulings: ○ Example: Genocide Convention includes provisions for ICJ adjudication. Marshall Islands vs. UK (2016): Addressed treaty compliance regarding nuclear disarmament. Enforcement Mechanisms UN Security Council can intervene in cases of non-compliance. Example: United States vs. Nicaragua (1986)—the U.S. refused to comply, leading to significant international criticism. Consent, reservations, declarations Contentious cases: between 2 states Advisory opinions: for UN , non binding Political repercussions of not complying with ICJ decision: US-Nicaragua The right of Self Defence States have a legal obligation to refrain from the use of force BUT the use of force is lawful in some circumstances: - Customary int law: “the necessity for self defence must be instant overwhelming and leaving no choice of means and no moment for deliberation” - Every UN member state has the right to self defence if it suffers an armed attack until the UNSC has taken necessary measures Principles: - necessity (real threat) - Proportionality Pre-emptive self defence: - Only lawful if its a response to particular circumstances - Eg involvement of weapons of mass destruction ( Iraq) - Otherwise just presence of troops near border not enough - Protection of nationals abroad Collective security and collective self-defence Collective self-defence: blocks like NATO Collective security= maintaining int peace according to UN charter Aid to Legitimate Authorities of a State= collective security approach - Lawful but need to call the UNSC for help Intervention - Without SC authorization: US Panama - Foreign force intervening in a civil war without int law justification (US Vietnam, USSR Cuba) - Aid to rebels, support to guerrilla: UNLAWFUL - No state has the right to interfere in the internal affairs of another state Humanitarian intervention By individual states: - very hard to authorise, esp without UNSC decision - Humanitarian aid but often with use of force (sending troops for h purpose) By international community: - Authorised under international humanitarian law - Eg iraq using chemical weapons against ethnic minorities, needed humanitarian aid by the UNSC Cases and Treaties Charter of the United Nations: Declaration of Principles of International Law Concerning Friendly Relations and Cooperation among State in Accordance with the Charter of the United Nations, 1970 - Obligation of states to resolve disputes peacefully - Article 2(3): States must settle disputes peacefully to prevent endangering international peace, security, or justice. - Article 33(1): Encourages negotiation, mediation, arbitration, and other peaceful means. Convention for the Pacific Settlement of International Disputes, 1899 + UN Declaration on Friendly Relations (1970): - early and just settlement of disputes by various peaceful means tailored to specific disputes. - Methods of settling disputes ICJ : Legality of the Threat or Use of Nuclear Weapons ,1996 : not mere obligation of conduct, but an obligation to achieve a precise result. - Example of negotiation being an obligation - (advisory opinion) Individual Criminal Responsibility Genocide Convention on the Prevention and Punishment of the Crime of Genocide 1949 Definition of Genocide Following acts with the intention to destruction of a whole or a part of a national, ethnical, racial or religious group: - Killing - Causing serious mental or bodily harm - Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part (concentration & labour camps) - Imposing measures intended to prevent births within the group or rape - Forcibly transferring children of the group to another group Bosnian Genocide Case 1993-2007: implications Intention to destroy= means physical or biological destruction of the human group (eg killing, forced raping in order to prevent birth rate in a specific group) - >Force migration or ethnic cleansing shows intent but does not constitute a genocide Aim of the Convention: to prevent the international of entire human groups, so the targeted part must be significant enough to have an impact on the group as a whole Genocide can occur during hostilities or war OR during peaceful situations War Crimes = violations of the customary and treaty international humanitarian law Nuremberg Charter Definition of War Crimes Violations of laws or customs of war such as: - Muder, ill treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory - Muder, ill treatment of prisoners of war or persons on the seas, killing of hostages - Plunder of public or private property , wanton destruction of cities towns or villages - Devastation not justified by military necessity Statute of the International Criminal Tribunal of Former Yugoslavia All reflected in the Statute of the ICC 1998 Crimes Against Humanity - Can take place in armed conflict or in peaceful times - Includes dictatorships Nuremberg Charter “Crimes against humanity” = murder, extermination, enslavement, deportation and other inhumane acts committed against any civilian population, before or during war = persecutions on political, racial or religious grounds in execution or in connection with any crime within the jurisdiction of the Tribunal, whether or not it was in violation of domestic law of country where perpetrated - Eg if a nazi legislation justifies within their territory an act that goes against crimes against humanity, still doesn’t give them the right to persecute people based on that Statute of the International Criminal Tribunal of Former Yugoslavia International Tribunal has the power to prosecute persons responsible for the following crimes committed in an armed conflict of any character directed against civilian population: a) Murder b) Extermination c) Enslavement d) Deportation e) Imprisonment f) Torture g) Rape h) Persecutions on political racial and religious grounds i) Other inhumane acts - Added idea of political objective behind attacks, but not followed strictly in all crises ICC: “Widespread and systematic attack directed against civilian population with knowledge of the attack” Aggression - Nuremberg Charter Crimes Against Peace = planning, preparation, initiation or waging a war of aggression , or a war in violation of (slides..) - Eg Molotov-Ribbentrop pact is considered a conspiracy for aggression, crime in international law International Criminal Courts and Tribunals International Criminal Tribunal of Former Yugoslavia 1993 Procedure: prosecutor can establish facts, require more info, call witnesses - If theres is proof, prosecutor prepares an indictment - Judge warrants for arrest detention surrender or transfer - Conviction is limited to imprisonment - Can appeal in chamber of appeal In 2010, UNSC considered ICTY’s mission completed - Small remaining accused persons transferred to local courts International Criminal Tribunal for Rwanda 1994 - Dedicated to Rwandan genocide Similar procedure to ICTY - Jurisdiction: serious violation of IHL committed in the territory of Rwanda and Rwandan citizens responsible for such violations committed in the territory of neighbouring states First head of govt connvicted International Residual Mechanism for Criminal Tribunals - Established in 2010 by UNSC - Designed to continue the work of these 2 tribunals after their closure International Criminal Court - 1998 Rome Statute - More comprehensive legal scope and jurisdiction than Includes: - Genocide - War crimes - Crimes against humanity Humanitarian Law Timeline of application of IHL: from the start of hostilities until a peaceful permanent resolution is reached History: The Order of Malta marked early humanitarian efforts, religious  - Is a special state entity (no territory or permanent population but has govt and diplomatic relations with other states) Treaties 1864 Geneva Convention: - First international treaty dedicated to humanitarian principles during armed conflict. St. Petersburg Declaration (1868): - Prohibited certain projectiles causing excessive harm. The Hague Conventions (1899, 1907): - Focused on laws of war and neutral states - Mix of humanitarian law and law of war, peaceful settlement of disputes Geneva Conventions (1949): Comprehensive protections: 1. Protection of wounded and sick in armed forces. 2. Protection of wounded, sick, and shipwrecked at sea. 3. Treatment of prisoners of war. 4. Protection of civilians during wartime. Geneva Protocols (1925, 1977): Prohibited use of chemical weapons and provided additional protections. 1980 Convention on Certain Conventional Weapons (CCW). 1993 Chemical Weapons Convention. 1997 Anti-Personnel Mines Convention Key Principles of IHL Humanity: Alleviate suffering and ensure respect for life. Distinction: Separate combatants and military targets from civilians and civilian objects. Proportionality: Ensure military actions do not cause excessive harm to civilians relative to military advantage. Necessity: Use force only to achieve legitimate military objectives. Types of Armed Conflicts International Armed Conflict= when the armed forces of one state can lawfully target the armed forces of another state. Between two or more states. Non-International Armed Conflict= when members of non-state armed groups participate in hostilities or have a permanent combat function against a state. Between state forces and non-state armed groups, or between such groups.  - Eg mercenary groups - Civil wars, insurgencies, rebel or mercenary groups - Needs to be officially related and proven eg Hezbollah - Key Case: ICJ Nicaragua v. USA (1986): Defined state responsibility and application of IHL Common Article 3 Prohibits in NIAC at all times: - Violence to life and persons, murder, mutilation, torture - Taking of hostages - Humiliating and degrading treatment - Passing of sentences without prior judgement ! character of conflict can change during the conflict IHL applicable to all armed conflicts where states are involved ! Mercenaries and sub contractors cannot be considered a large army Enforcement and Accountability Rome Statute (1998): Established the International Criminal Court (ICC) to prosecute war crimes and crimes against humanity. ICRC Role: Leading impartial organization ensuring compliance with IHL. ○ 1st NGO, universally recognized guardian of IL ○ Humanitarian workers must in all circumstances be protected and treated humanely, despite often being killed anyway Geneva Conventions 1949 First Geneva Convention "Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field." - humane treatment of wounded and sick soldiers,  - ensuring they receive adequate medical care without discrimination. - protects medical personnel, facilities, and equipment, - recognizes the neutrality of medical services during conflicts. Second Geneva Convention: "Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea." - Extends protections from first convention to maritime warfare - safeguards hospital ships and medical transports, emphasizing their neutrality. Third Geneva Convention "Treatment of Prisoners of War." - humane treatment of POWs: provisions for adequate food, shelter, medical care, and protection against violence or intimidation. - POWs should be allowed to communicate with their families and receive relief packages Only combatants qualify to be prisoner of war - Being commanded by a person responsible for his subordinates - Have a fixed distinctive sign recognizable at distance - Needs to carry arms openly - Conducting operations in accordance with the laws and customs of war - Mercenaries and private contractors generally can’t have status of combatants - Exception if they are part of a state army being hired by the govt Standard of treatment: Article 17 prohibits torture Fourth Geneva Convention "Protection of Civilian Persons in Time of War," - prohibits attacks on civilian populations, ensures the provision of essential needs, and forbids the deportation or forcible transfer of civilians. - rights and protections of civilians in occupied territories: If you have hostilities, civilian pop needs to be protected until the end of the hostilities Related to a. Territory of conflict b. Timing of conflict Conflict: IHL to HRS Conflict: from beginning of hostilities to a final peaceful solution reached (not just surrender) Occupied territory= former govt no longer in position to secure public order+ occupation force is in a position to substitute former govt - Needs to have troops on land For occupied territories, after 1 year of occupation: Occupational force has obligation to apply human rights under humanitarian law  - No need to apply humanitarian law as occupying force has taken all capacity of the occupied state and they are responsible for the civilians in the occupied territory: switches to human rights standards Human Rights (HR) Definition: “Exhaustion of Local Remedies”: non-intervention approach Universal Declaration of Human Rights (UDHR, 1948): Landmark document recognizing inherent dignity and equal rights. Vienna Declaration (1993): Affirmed universality and indivisibility of human rights. International Bill of Human Rights:UDHR, International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social, and Cultural Rights (ICESCR). Right to life, prohibition of torture, freedom of thought, and right to education. Priorities of rights: to life, drinking water, healthcare, food Rights that cannot be derogated: European Convention on Human Rights 1950 - Art 2: “Everyone’s right to life shall be protected by law” - Art 3: "No one shall be subjected to torture or to inhuman or degrading treatment or punishment." - Art 4 :"No one shall be held in slavery or servitude.", "No one shall be required to perform forced or compulsory labour." Vulnerable Groups and Specialized Conventions Women: ○ Convention on the Elimination of All Forms of Discrimination Against Women CEDAW (1979): Children: ○ Convention on the Rights of the Child (1989): including protection from exploitation. Persons with Disabilities: ○ Convention on the Rights of Persons with Disabilities (CRPD, 2007): Ensures dignity, inclusion, and accessibility. Racial Discrimination: ○ International Convention on the Elimination of All Forms of Racial Discrimination: Prohibits all forms of racial discrimination. 1965 4. Human Rights Enforcement Mechanisms UN Human Rights Council: ○ Conducts Universal Periodic Reviews and monitors compliance. Regional Mechanisms: ○ European Court of Human Rights. ○ Inter-American Commission on Human Rights. ○ African Commission on Human and Peoples' Rights. Treaty Bodies: Committees monitoring implementation of core conventions (e.g., CAT, CRC, CCPR). 5. Human Rights in Armed Conflict Intersection of IHL and HR: ○ Right to Life: Non-derogable under ICCPR and protected under IHL. ○ Prohibition of Torture: Absolute under HR law and IHL. Environmental Law Timeline of treaties - 1972 Stockholm Conference: UN Environment Program (UNEP) - 1985 Vienna Convention on the Protection of the Ozone Layer - 1987 Montreal Protocol and 1992 Convention on Biodiversity - UN Commission on Sustainable Development, 1992 - Healthy environment became a Human Right - Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, (the Aarhus Convention), 1998 State Responsibility and Environmental Damage Duties of states: - Convention on the Law of the Sea 1982: states have obligation to protect and preserve marine environment - Stockholm Declaration 1972: states can exploit their own resources BUT responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or jurisdictions - Trans-boundry pollution often violates int law as pollution in your own territory will affect nearby countries - ICJ Nuclear Test Case 1962 - “Obligations of states to respect and protect the environment” Damage: - State must prove they avoided environmental damage at all costs - Injury must be established by clear and convincing evidence standard - Not always have material form - “Risk of damage”: effects of pollution, needs to endanger human health, ecosystems  - Allows activities to be halted because of risk of damage - Private Persons: responsibility of states for actions done by its officials (companies or individuals) Prevention of Transboundary Harm International Law Commission, 1973 to 1977 - A State can be responsible for harmful effects of acts that by themselves are not considered a breach of international law. Draft articles on Prevention of Transboundary Harm from Hazardous Activities, 2001 prevention of transboundary harm, cooperation to prevent significant harm and reduce risk, the exercise of regulatory control by states of activities on their territory through prior authorizations, Environmental Impact Assessment (focuses on potential harmful effect of own state and other states) Draft principles on the allocation of loss in the case of transboundary harm arising out of hazardous activities, 2006 Rio Declaration: Precautionary Principle - Applied according to each capabilities - “Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation” - Obligation to do all in a state's capabilities to prevent the irreversible damage in a cost effective way The Polluter Pays Principle Pollution = the presence of substances and heat in environmental media (air water land) whose nature, location or quantity produces undesirable environmental effect = activity that generates pollutants Air Pollution = presence of contaminant or pollutant substances in the air that do not disperse properly + interfere with human health or produce other harmful env effects Treaties: Geneva Convention on Long Range Transboundary Air Pollution 1979 Montreal Rules of International Law Applicable to Transboundary pollution, 1982 Case: Tall Smelter Case 1941 United States v. Canada - "no harm" rule in transboundary contexts. It held that states must prevent activities within their jurisdiction from causing environmental harm to other states, emphasizing state responsibility for transboundary pollution. The ruling mandated compensation for proven damages and required preventive measures to mitigate future harm. This case set a precedent for balancing industrial development with environmental protection Water Pollution International Watercourse waters: “systems of surface and ground waters situated in more than one state Marine Pollution: - Shipping, dumping sea, activities in seabed - Responsibility In cases of pollution from ships Ultra Hazardous Waste = involving an extremely large risk (as of loss or harm): Nuclear Safety: International Atomic Energy Agency: Treaties: - Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, 1963 - Nuclear Non-Proliferation Treaty, 1968 - Convention on Assistance in Cases of Nuclear Emergency, 1986 - Convention on Nuclear Safety, 1994 Cases: - Chernobyl, 1986 - Fukushima, 2011 - New Zealand vs France Case, ICJ Outer Space Outer Space Treaty 1967 - Exploitation of outer space for the benefit of all states Buenos Aires International Instrument on the Protection of the Environment from Damage Caused by Space Debris, ILA 1994 - Biggest problem: space debris (created by satellites bumping into each other) Climate Change 1997 Kyoto Protocol