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Samenvatting - International Law
1.1 An introduction
What does public international deal with?The legal
issuesof concernto more than one state that create the system of law that regulates the interrelationship of sovereign states and their rights and duties to one another.
What is the consequence of the seemingly ever-expanding reach of international law?The gradual development of thousands of sub-disciplines such as international human rights law, environmental law etc.
What are the main differences between domestic and international law?In international law, there is neither a legislative nor an executive branch and there is no mandatory and well-established procedure for the settlement of legal disputes
1.2.1 Early modern international law
Which two political and religious forces characterized the Middle Ages?The Holy Roman Empire and the Catholic Church
What is natural law (jus naturale)?Natural law contained an all-embracing set of ideas about natural and social life in the universe and, though it primary focused on the individuals and their relations to the world, it also applied to states by virtue to the fact that rules were also individuals and therefore subject to it.
What is jus gentium?A law of peoples/nations and hence inferior to national law at times simply perceived as being derived from natural law.
1.2.2 Peace of Westphalia
Why can the Peace of Westphalia (1648) that brought an end to the Thirty Years War that had ravaged continental Europe be seen as the birth of international law?Because the Peace/Treaties of Munster/Osnabruck had the idea to reduce the powers of transnational forces, like empire and religion and instead compartmentalize territory and individuals into sovereign states.
1.2.3 The 19th century and the era of positivism
How can 'positivism' during the 19th century be described?Positivism attached primary importance to state consent, whether expressed explicitly in the form of a treaty of implicitly by customary practices adhered to by states due to a belief that the practice was legally binding.
1.2.4 The interwar period
What was the main task of the League of Nations established in 1919?Maintaining world peace. While they did not
prohibitwar, it required states to submit potential destabilizing disputesto one of a number of settlement mechanismsand to resist from resortingto war until a certain period had elapsedfollowing the decision by that mechanism.
Which important institute was also established during the Interwar Period?The PCIJ in The Hague
1.2.5 The period after the end of the Second World War
What were major achievements in international law after the Second World War?The Nuremberg Tribunal and the League of Nations which was formed into the United Nations.
1.3.1 Introduction -- a society of sovereign nation states
In which two ways can an issue become of interest to more than one state?When two or more states have colliding interests in the substance of an issue or when the involved states have agreed in a treaty to turn the issue into one of international character.
When can a matter become an issue for international law due to its content?When the involved states have agreed in a treaty to turn the issue into on of an international character due to international law of cooperation
When can a matter become an issue for international law due to its form?When two or more states may have colliding issues which is dealt with in the international law of coexistence.
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Laatst toegevoegde flashcards
In which three cases can a state use force without consent or a resolution from the security council?
Rescuing nationals abroad, humanitarian interventions and deterring states from using chemical weapons
Which three factors must be taken into account for self-defense to be lawful?
Necessity, immediacy and proportionality
What is an important rule in the initiation of self-defense?
Anticipatory self-defense is allowed, but the state may not take any measures of self-defense until the attack has actually taken place
What are the limits on the Security Council's authority?
The Council is bound by the UN's general purposes and principles, they can only deal with threats to international peace and security and they cannot oblige states to disregard norms of a jus cogens/peremptory character.
Why do the permanent 5 have a veto-right?
Not just because they won WW2, also because in 1945 was believed that the best way of maintaining world peace was to have the 5 greatest powers agree on the use of force
What are the two elements of the principle of sovereignty that is referred to by the ICJ as being part and parcel of customary international law?
(1) an intervention aimed at (2) a matter in which each state is permitted to decide freely
What is the general perception about the use of force in the UN Charter?
This is limited to armed measures
What is the difference between rules regulating jus ad bellum and jus in bello?
Jus ad bellum are the rules that determine when and for what purpose a state may use force against another state and jus in bello mean how military actions must be conducted during war
When does the ICJ give an advisory opinion?
To any legal question that the General Assembly or the Security Council requests for
What does the UN Charter say about the judgements by the Court that are final and without appeal?
The members of the UN have to comply with the decisions and if they do not, other states can bring this up to the Security Council which can take measures to give effect to the judgement