Summary International Law

ISBN-10 0521194873 ISBN-13 9780521194877
54 Flashcards & Notes
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This is the summary of the book "International Law". The author(s) of the book is/are Jan Klabbers. The ISBN of the book is 9780521194877 or 0521194873. This summary is written by students who study efficient with the Study Tool of Study Smart With Chris.

Summary - International Law

  • 2 The making of international law

  • What are the main sources of international law?
    1. International conventions
    2. International custom
    3. General principles of law
    4. Judicial decisions and teachings of the most highly qualified publicists

    Art 38 ICJ
  • What is customary law?
    • A general practice
    • Accepted as law
  • 4 The subjects of international law

  • Who are subjected to international law?
    The main subjects are states and international organizations
  • What is a state?
    Requirements for a state are:
    • A population;
    • Territory ;
    • Effective government;
    • Capacity to enter into international relations.

    Montevideo convention  
  • How do states acquire territory?
    - Discovery
    - Occupation
    - Prescription
    - Cession
    - Adjudication
    - Accretion or sedimentation
  • What is an international organization?
    An international organization is:
    - An intergovernmental organization;
    - Created by states;
    - (Usually) by means of a treaty
    - In order to perform a task or function that states are unable or unwilling to perform.
  • 5 Jurisdiction, powers and immunities

  • On what basis can states claim responsibility?
    • Territoriality;
    • Nationality;
    • Protection;
    • Passive personality;
    • Universality.
  • What is territoriality?
    The idea that states can exercise jurisdiction over their territory.
  • What is nationality?
    The idea that states can exercise jurisdiction over their nationals.
  • What is protection?
    The idea that states can exercise jurisdiction over a situation that endangers the state.
  • What is passive personality
    The idea that a state can exercise jurisdiction over anyone who harms its nationals, no matter where this occurs.
  • What is universality?
    The idea that some crimes are so abhorrent that all states can exercise jurisdiction, no matter where they are committed, or whom they are committed against.
  • 7 The law of responsibility

  • What is responsibility?
    The idea that some entity can be blamed for undesirable behaviour.
  • What are the principles of state responsibility?
    - Attribution
    - International wrongful act.
  • In what cases does the International Court of Justice have jurisdiction?
    • All the cases which the parties refer to it;
    • All matters specially provided for in the Charter;
    • All matters specially provided for ... in treaties and conventions in force;
    • The optional clause;
    • Transferred jurisdiction (from the PCIJ);
    • Forum prorogatum (accepting jurisdiction by cooperation).
  • What is an advisory opinion?
    Under article 65 ICJ international organizations may ask the ICJ for an advisory opinion on any legal question.
    Under article 96 UN the Security Council and the General Assembly can do so as well. 
  • 7.5 Circumstances precluding wrongfulness

  • What are circumstances precluding wrongfulness?
    These are listed in artt. 20-25 of ARSIWA:
    - Consent
    - Self-defence
    - Countermeasures in respect of an internationally wrongful act
    - Force majeure
    - Distress
    - Necessity
  • What is needed for an appeal on 'necessity'?
    The national stake must be:
    - an essential interest
    - under grave and imminent peril
    And the conduct must be relatively harmless towards the other state or international community.
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Responsibility to protect (R2P)
What are the main sources of international law?
What is customary law?
Who are subjected to international law?
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