LAW 214 FINAL HAZIRLIK

CHAPTER 13 DIPLOMATIC IMMUNITIES

International Jurisdiction principles :

* The concept of jurisdiction revolves around the principles of state sovereignty, equality and
non-interference.
- Most of the grounds for jurisdiction can be related to the requirement under international law
to respect the territorial integrity and political independence of other states.
Diplomat is a person appointed by a state to conduct diplomacy with another state or
international organization. The main functions of diplomats revolve around the representation
and protection of the interests and nationals of the sending state, as well as the promotion of
information and friendly relations.
Diplomatic bag : is a bag in which mail is sent to and from foreign embassies. Diplomatic
bags are protected by law, so that they are not opened by anyone except the official or
embassy they are addressed to.
Persona non grata, a diplomat who is anacceptable to the government to which he is sent.
- Madde 61 ) (arşiv ve belgelerin dokunulmazlığı)
- Madde 55 ) (Kabul eden devletin kanun ve düzenlemelerine saygı)
- Madde 43 ) (Konsolosların, görevlerinin yerine getirilmesi sırasında işledikleri fiillerden
dolayı kabul eden Devletin adli ve idari makamlarının yargısına tabi değildir.)
- Shuttle Diplomacy  int negotiations conducted by a mediator who frequently flies back
and forth btw the negotiating parties. (kissinger Middle east)
- Spesific Privileges
1 Diplomats are not reguired to give evidence
2 Immune from personal service
3 Excused from paying most taxses and social security provisions
4 Excused for customs duties and inspections
- Diplomatic Representative  diplomat (and their family members enjoy) broad protection
from arest and detention, as well as immunitiy from criminal laws and civil and administrative
juristiction.

CHAPTER 15 ENVIRONMENT LAW

* Traditionally, a state would only be responsible in the international legal sense for damage
caused where it could be clearly demonstrated that this resulted from its own unlawful
activity.
- Pollution generated from within a particular state often has a serious impact upon other
countries. (acid rain, chemicals gases emitted from factories rise in the atmosphere and react
with water and sunlight to from acids.)
- Domestic environmental law itself creation of 1960s-1970s, int’l environmental law
customarily dated from 1972 Stockholm Declaration
- The UN Environment Programme was established after the Stockholm Conference of 1972.
This is important organization in the evolution of conventions and instruments in the field of
environmental protection.

Trail Smelter Arbitration : the Tribunal was concerned with a dispute btw Canada and
America over sulphur dioxide pollution from a Canadian smelter, built in valley shared by
British Columbia and the state of Washington, which damaged trees and crops on the
American side of the border.
- The int Court reinforced this approach, by emphasizing in the Corfu Channel case that it
was the obligation of every state “not to allow knowingly its territory to be used for acts
contrary to the rights of other states.
- Canada’s responsibility was accepted from the start, the case focusing upon the
compensation due and terms of the future operation of the smelter.

Protection of the atmosphere 3 regimes:

- Air pollution
- Protection of ozone layer
- Climate change
Acid rain, lake acidification, forest damage, materials damage, health effects,regional,
transboundary on the very expanded land.

* Sustainable Development (sürdürülebilir kalkınma)

1) Transbundary (sınır aşan bir özelliği var) – serious impact generated hazards emitted out
of transbundary.
2) Coop. necessitiy – devletler bu problemleri kendi başlarına çözemezler. – state can not
solve individually environment problem. Polluting problems may bring solutions with int.
cooperatives.
States are responsible  violence of law.
 giving damage.
* Rio Decleration 1992
- states responsibility and the environment  do not injure going hazards).
1) damage cause (zararın olması lazım)
2) her devlet başka devletlere verdiği zarardan sorumludur.
3) kanunun uluslar arası işbirliği nedir.
- States should be compensation which occur their awful act

CHAPTER 18 – THE SETTLEMENT OF DISPUTES BY PEACEFUL

* Dispute Defined ; an int dispute is a contest of specificity, the resolution of which has some
practical effect on the relations btw the states involved.
* ICJ ; only accepts disputes which are agreements on points of law or fact, a conflict of legal
views or interests btw two person.

* This chapter is concerned with the procedures available within the int order for the peaceful
resolution of disputes and conflicts, except for judicial procedures covered elsewhere.
- diplomatic procedures and adjudication (usul ve yargı)
- Article 2(3) of the United Nations Charter provides that : all members shall settle their
int disputes by peaceful means in such a manner that int peace and security and justice are not
endangered.
* Negotiation (müzakere): is a dialogue between two or more people or parties, intended to
reach an understanding, resolve point of difference, or gain advantage in outcome of dialogue,
to produce an agreement upon courses of action.
* Inquiry (soruşturma, araştırma) : Differences of opinion on factual matters underline a
dispute btw parties, the logical solution is often to institute a commission of injury to be
conducted by reputable observers to ascertain precisely the facts in contention. Such inquiries
were first elaborated in the 1899 Hague Conference as a possible alternative to the use of
arbitration.
* Conciliation (arabuluculuk) : the process of conciliation involves a third-party
investigation of the basis of the dispute and the submission of a report embodying suggestions
for a settlement.
* Int Institutions and Dispute Settlement (uluslararası kurumlar ve antlaşmazlıkların
çözümü) :
- Regional Organizations : UN Security Council possesses “primary responsibility for the
maintenance of int peace and security.
- The African Union : was established in 1963. The jurisdiction of the commission was not,
however, compulsory and it was not utilised.
- Europe : The European Convention for the Peaceful Settlement of Disputes adopted by the
Council of Europe in 1957 provides that legal disputes are to be sent to the Int Court.
- Arbitration (hakemlik) ; Int arbitration was held to be the most effective and equitable
manner of dispute settlement, where diplomacy had failed. Arbitration tribunals may be
composed in different ways. There may be a single arbitrator or a collegiate body.

CHAPTER 19 – THE INTERNATIONAL COURT OF JUSTICE

* The ICJ is composed of fifteen members. The prosedure for the appointment of judges is
interesting in that it combines both legal and political elements, while seeking to exclude as
far as possible the influence of national states over them.
- The members of the court are elected by the General Assembly and Security Counsil (voting
separately) from a list of qualified persons drawn up by the national groups of the Permanent
Court of Arbitration, or by sepecially appointed national groups in the case of UN members
that are not represented in the PCA.

CHAPTER 20 – INT. LAW AND USE OF FORCE BY STATES

Tanım ; * The prohibition – article 2(4)
- “All Members shall refrain in their international relations from the threat or use of force
against the territorial integrity or political independence of any State, or in any other manner
inconsistent with the Purposes of the United Nations”.
- the principles of the United Nations, are bounded non-member states

Right to use force/law of armed conflict

- Right to use force is called the jus ad bellum (nefs i müdafa)

The United Nations Charter, 1945

To protect future generation from the possible wars. Charter establishes a system of collective
security and forbids unilateral resort to force
- However, preserves the right of self-defence
Collective Security ; NATO
Consists of three pillars:
- Prohibition of use of force (article 2(4))
- Powers of the Security Council to deal with breaches of the peace or threats to peace
(articles 39-42)
- Reservation of the right of individual and collective self-defence until Security Council can
act effectively
* The prohibition – article 2(4)
- “All Members shall refrain in their international relations from the threat or use of force
against the territorial integrity or political independence of any State, or in any other manner
inconsistent with the Purposes of the United Nations”.
* Powers of the Security Council - Article 39
- “The Security Council shall determine the existence of any threat to the peace, breach of the
peace, or act of aggression and shall make recommendations, or decide what measures shall
be taken in accordance with articles 41 and 42 to maintain or restore international peace and
security.”
* Article 41 ; “The Security Council may decide what measures not involving the use of
armed force are to be employed to give effect to its decisions, and it may call upon the
Members of the United Nations to apply such measures. These may include complete or
partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and
other means of communication, and the severance of diplomatic relations.”
* Article 42 : “Should the Security Council consider that measures provided for in article 41
would be inadequate or have proved to be inadequate, it may take such action by air, sea, or
land forces as may be necessary to maintain or restore international peace and security. Such
action may include demonstrations, blockade, and other operations by air, sea, or land forces
of Members of the United Nations.”
Security Council : 15 Members / Permanent five with Veto power  China, France, Russia,
UK, USA

The Security Council in action: Iraq

SECURITY COUNCIL RESOLUTION 660 (2 AUGUST 1990):
- “The Security Council…determining that there is a breach of the peace by the Iraqi invasion
of Kuwait…
1. Condemns the Iraqi invasion…
2. Demands that Iraq withdraw immediately…”

Categories of Force ; 
1 Retorsion (zorunlu baskı yapan) : The typical methods of retorsion are the use of
comparably severe measures against citizens of the foreign nation found within the borders of
the retaliating nation.
2 Reprisals (misilleme): are in themselves illegal and have been adopted by one state in
retaliation for the commission of an earlier illegal act by another state.
3 Self-defense : Article 51
- Nothing in the present Charter shall impair the inherent right of individual or collective self-
defence if an armed attack occurs against a Member of the United Nations, until the Security
Council has taken measures necessary to maintain international peace and security”

The Caroline:
- This dispute revolved around an incident in 1837 in which British subjects seized and
destroyed a vessel in an American port. This had taken place because the Caroline had been
supplying groups of American nationals, who had been conducting raids(baskın) into
Canadian territory.
* The protection of national abroad (kendi toprakları dışındaki vatandaşlarını koruma) Ex :
The US conducted a bombing raid on Libya 10-15 April 1986 as a consequence of alleged
Libyan involvemend in an attack on US service men in West Berlin.
* Intervention (müdahale)  1965 declaration on the Inadmissibility of Intervention in the
Domestic Affairs of States
* Civil wars

* Barışın sağlanması, çatışmanın önlenmesi.

1) Diplomatik yöntemler en etkin bir şekilde kullanılır. (BM nin askeri gücü yok fakat EU
nun ve NATO nun askeri gücü var.
* Hakemlik için tarafların kararlarına uymak gerekir (Özel bir mahkemede olabilir, taraflar
bunu kendileri seçmeli).
* Devletler diplomatik sonuç alamazsa kuvvet kullanır.
- Bir ülke kendi halkına karşı suç işlerse mudahale görebilir.
-- agressive use of force.

CHAPTER 21 INTERNATIONAL HUMANITARIAN LAW

ICRC (Int Committee of the red cross)  impartial, neutral and independent organization
whose exclusively humanitarian mission is to protect the lives and dignity of victims of war
and internal violence and the provide them with assistance. It also endeavours to prevent
suffering by promoting and strengthening humanitarian law and universal humanitarian
principles.
- IHL is applicable in situations international armed conflict and non-international armed
conflict.
* IHL is not applicable in situations including internal disturbances.
- Protection of Civilians and Combatants hors de combat (savaş dışı)
* Life and physical and moral integrity. Absolute prohibition of torture and ill-treatment.
* Treatment of the wounded and sick.
* Prohibition of murder of or injury to an enemy who renders himself or who is hors de
combat.
* Respect for dignity of captured combatants and civilians.

* CHAPTER 22 THE UNION NATION

- 2/4  devletlerin sınırları ve siyasi rejimleri kuvvet yolu ile değiştirilemez.

maintain peace and security Friendly relation with nations

effective, collective measures Respect equal rights self-determination
prevention / removal Streng then universal peace
agression Respect human and rights
justice and int. law

The UN Charter  in 1945, representatives from 50 countries met in San Francisco at the
UN Conference on International Org to draw up the UN Charter.
The Security Council consist of 15 members, 5 of them being permanent members (US, UK,
Russia, China, France are right to have the veto)

* Organs of UN  General Assembly, Security Council, Economic and Social Council,

Trusteeship Council, The Secretariat and The Int Court of Justice
* BM genel sekreterinin görevi ve rolü nedir  arabuluculuk görevi görür, operasyonlara
karar verir.

INTERNATIONAL INSTITUTIONS
* Institutions  are enduring sets of rules, norms, and principles that stipulate (anlaşmak)
the ways in which actors should cooperate and compete with one another in particular
situations.
- members must be states or international organizations
- it must be established by treaty.
- it must be capable of adopting norms to members.
* Classification  based on function  Political (GA), Judicial (ICJ), Administrative
(WHO), Settlement of Dispute (WTO)
* These are organizations established by inter-governmental argreement and having wide int
responsibilities in economic, social, cultural and other fields that have been brought into
relationship with the United Nation.
- International Labor Org  established in 1919 to prevent and extend the rights of
workers.
- UNESCO (The UN Educational, Scientific and Cultural Org)  established to further the
increase and diffusion of knowledge by various activities, including technical assistance and
co-operative ventures with national governments.
- World Health Org  established in 1946 with the aim of unifying the standards of health
care.
- IMF (International Monetary Fund)  which aims to asist monetary co-operation and
increase world trade.

* Regional Institutions
- EU  European Union aims establishing a single unified market with common external
tariffs and the elimination of internal tariffs and it promotes the free movement of capital and
labor.
- Europe (EEC)
- Americas (NAFTA)
- Asia (ASEAN)
- The Middle East (Arab League)
- Africa (OAU)