Public International Law Fall 2024 PDF

PUBLIC INTERNATIONAL LAW Fall 2024 Anna Schmitt Nagelbach, LLM How to begin answering an Exam Question Use the IRAC method, or the similar FIRAC method Facts (summarize the relevant facts) I ssue (determine the area(s) of law at hand : State Responsibility? Collective Security? Formulate a legal q...

PUBLIC INTERNATIONAL LAW Fall 2024 Anna Schmitt Nagelbach, LLM How to begin answering an Exam Question Use the IRAC method, or the similar FIRAC method Facts (summarize the relevant facts) I ssue (determine the area(s) of law at hand : State Responsibility? Collective Security? Formulate a legal question) R ule (figure out which specific laws / rules will help you to answer the question) A pplication / Analysis (Apply the facts at hand to the rule(s). Apply relevant previous case law. Analyze) C onclusion (Answer the legal question : Often Yes / No, plus explanation) International Law is A system of rules and principles concerning relations between sovereign states, and relations between states and international organizations, such as the United Nations. What is a state? “The guarantee of internal peace, external security, and the enjoyment of property.” – Robespierre The Leviathan is a powerful, centralized authority created by individuals through a social contract. It is necessary to prevent conflict and disorder that prevail in a state of nature. – Hobbes “a human community that successfully claims the monopoly of the legitimate use of physical force within a given territory.” – Weber What is a state? Peace Treaty of Westphalia (1648) 1. Sovereignty 2. Territorial Integrity 3. Equality of states as independent members of an international system  4 eras : sovereignty and IL First era : pre-Westphalia – Westphalia 1648 - different tribes, empires, city-states, groups – often trying to expand - war, conquering, fighting as generally acceptable Pre-sovereignty - shortly before 1648: Hugo Grotius On the Law of War and Peace Second era : 1648 – 1945 - sovereign states with defined territories, government, populations Sovereignty : the - ended a war with an agreement, through diplomatic means modern state - early treaties that shaped inter-state relations Third era : United Nations founded 1945 – 2005 / - present Sovereign state very - war is now basically illegal; emphasis on diplomatic solutions - supranational organisations (EU) powerful, but not the - NGOs became actors on the international plane only influence in int’l - development of human rights (possible limits on sovereignty) affairs - (Fourth era : Responsibility to Protect 2005 – present - ‘flipped’ sovereignty : sovereignty includes responsibility to protect populations of people  2nd Era Elaboration - Second era : Post-Westphalia - 1945 - sovereign states with defined territories, government, populations - war can end through diplomatic means - early treaties that shaped inter-state relations - Treaty of Utrecht 1713 - Congress of Vienna 1815 → Concert of Europe agreements on river navigation, slave trade - The Hague Peace Conferences 1899 & 1907 → PCIJ; many treaties between states - League of Nations 1919 - Kelogg-Briand Pact / Pact of Paris 1928 (renounced war!) - Montevideo Convention on the Rights and Duties of States 1933 3rd Era Elaboration Third era : United Nations founded 1945 “…determined to save succeeding generations from the scourge of war, … and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom, and for these ends to practice tolerance and live together in peace with one another as good neighbours, and to unite our strength to maintain international peace and security, and to ensure…that armed force shall not be used, save in the common interest…."  The role of states - States are sovereign. - Law can only be made with consent of states. - International organizations largely dependent on states and the willingness of their governments for support. - Only states can be members of the UN ; only states can call upon the UNSC if there is a threat to international peace and security. - Only states may appear in proceedings before the International Court of Justice. - International Law is still predominantly made and implemented by states.