Beruflich Dokumente
Kultur Dokumente
- consists of the rules and principles of general application dealing with the conduct
of States and of international organizations in their international relations with one
another and with private individuals, minority groups and transnational companies.
- international organizations
- states
Hugo Grotius (17th century): 30 years war (protestants-><- Catholics) -> peace of
Westphalia
Sweden, France
- principle of sovereignty
Why do we have wars? -> to have peace: after every war there is a peace treaty/
agreement
What is a state?
a permanent population
a defined territory (Palestine, Israel - no defined territory?)
a government and
the capacity to enter into relations with other states
must be fully independent and be recognized as a state by other states? -
important, but not necessary
one official language? - for documents; it is helpful, but not necessary
- are established by states through international agreements and their powers are
limited to those conferred on them in their constituent document.
- not constitutional law
Sources of Law
- the article 38 (Statue of the International Court of Justice), describes the law to be
applied by ICJ
The Court, whose function is to decide in accordance with international law such
disputes as are submitted to it, shall apply:
International
The law of treaties is set out in the 1969 Vienna Convention on the Law of Treaties
which contains the basic principles of treaty law, the procedures for how treaties
becoming binding and enter into force, the consequences of a breach of treaty, and
Lotus case
external
internal
Different meanings
Grotius defines it as the supreme political power vested in him whose acts are not
subject to any other and whose will cannot be over-ridden
Internal sovereignty
External sovereignty
On Sunday, June 27, 1976, an Air France jetliner with 256 passengers and a free of
12, en route from Tel Aviv to Paris via Athens, was hijacked after taking off from
Athens.
Thus began an act of air piracy that was to end 7 days later on July 4, 1976, with the
successful Israeli airborne commando raid on Entebbe Airport freeing 105 hostages
were Israeli nationals or dual nationals.
Article 2 UN Charter
(1) The Organization is based on the principle of the sovereign equality of all its
members
...
(4) All Members shall refrain in their international relations from them threat or use
of force against the territorial integrity or political independence of any state, or in
any other manner inconsistent with the purposes of the UN
Art 2
1. Members
Israel +
Uganda +
2. Territorial integrity
3. Force/ violence
1. Treaties
2. Customs
3. principles general
4. Jurisdiction
5. Opinions of professors
4.
State Secession
or
Secession is the creation of a new independent entity through the separation of part
of the territory and population of an existing state without the consent of the latter
state.
- The transfer of some powers, and the delegation of some functions, from a central
sovereign government to local government; eg. from Westminster to Scottish
parliament and Welsh assembly
Decolonization
Secession
- the essential questions at issue concern whether there exists a right to secession
and the role of the fundamental principles of international law in supporting or
opposing the creation of a new independent entity. (Marcelo Kohen)
-> propaganda
-> international recognition
Self-determination
Most sovereign states do not have the right for self-determination through secession
in their constitutes, but most of them expressly forbid it. e.g. China and the Soviet
Union
Minorities
This declaration is highly important in the area of international public law and is one
of the most important legal instruments concerning the right to self-determination
- March 2014, the governments of the Autonomous Republic of Crimea and the city
of Sevastopol declared independence from Ukraine and asked to join the Russian
Federation
Failed state
- education
- security
- governance
- terrorism
- corruption
Measurement
- social indicator
- economic indicators
- ius soli
- ius sanguinis
- naturalization
ius soli
ius sanguinis
right of blood. Citizenship is not determined by place of birth but by having one or
both parents who are citizens of the state
naturalization
Case of Nottebohm
genuine link
- habitual residence
- family ties
9. Article 36 - EXAM!
Art 36 (2)
Article 36(2) of the court's statute, known as the Optional Clause, allows states to
make a unilateral declaration recognizing "as compulsory ipso facto and without
special agreement, in relation to any other state accepting the same obligation, the
jurisdiction of the Court in all legal disputes"
Article 36
1. The jurisdiction of the Court comprises all cases which the parties refer to it and
all matters specially provided for in the Charter of the United Nations or in treaties
and conventions in force.
2. The states parties to the present Statute may at any time declare that they
recognize as compulsory ipso facto and without special agreement, in relation to
any other state accepting the same obligation, the jurisdiction of the Court in all
legal disputes concerning:
6. In the event of a dispute as to whether the Court has jurisdiction, the matter shall
be settled by the decision of the Court.
OPTIONAL CLAUSE
Thirdly, Article 36(2) allows states to make declarations accepting the Court's
jurisdiction as compulsory ("optional clause declarations"). Not all countries accept
the compulsory jurisdiction of the International Court of Justice, ICJ. For example,
Australia accepts compulsory ICJ jurisdiction "with reservations" whereas Brazil has
not accepted compulsory ICJ jurisdiction, directly. However, Brazil has accepted the
compulsory jurisdiction by becoming a Party to the Pact of Bogota.
It was, moreover, to a Brazilian delegate, Raul Fernandes, that the concept of the
optional compulsory jurisdiction mechanism was owed. First adopted in 1922 for the
Permanent Court of International Justice (the predecessor of the International Court
of Justice under the League of Nations), this system was readopted in 1945 for the
International Court of Justice. "The 'Fernandes clause' has thus had the merit, not
only of having represented a historic step forward for international law, but also of
constituting today, for 62 States, one of the bases of the Court's jurisdiction",
according to its President.
Connally Reservation
-> if they refuse to face the international court, they have to face their national
court
On 14 August 1946, the United States qualified its acceptance of the compulsory
jurisdiction of the International Court of Justice (ICJ) under Art. 36 (2) Statute of the
International Court of Justice (the Optional Clause International Court of Justice,
Optional Clause) in its Declaration of Acceptance (1946 Declaration) through a
clause which excludes disputes with regard to matters which are essentially within
the domestic jurisdiction of the United States of America as determined by the
United States of America (emphasis added). This clause is known as the Connally
Reservation and was named after Senator Tom Connally of Texas who proposed the
addition of the words as determined by the United States of America to the 1946
Declaration in order to prevent any potential interference by the ICJ in domestic
matters of the US (eg, immigration or regulation of tariffs and duties). The fact that
the declaration leaves it to the declarant State to determine whether a dispute
comes within the jurisdiction of the Court under Art. 36 (2) Statute of the ICJ
distinguishes the self-judging or auto-interpretative Connally Reservation
(Treaties, Multilateral, Reservations to) from the more common exception of
domestic jurisdiction in declarations under the Optional Clause whereby a State
excludes the jurisdiction of the Court with respect to matters falling within its
domestic jurisdiction without reserving its exclusive right to decide which matters
come within the scope of this exception (eg, a declaration of acceptance excluding
disputes which, by international law, fall within the jurisdiction of the declarant
State, which has been formulated by a significant number of States; Jurisdiction of
States).