International Law: Foundations, Systems, and Dispute Settlement

INTRODUCTION E FOUNDATION National INTERNATIONAL LAM Legal System & rues : OF laws-to regulate behaviors - vertical structure processes through which laws a re inforced There are 1. 3 types of legal systems n common Law - > - : e based on judicial precedents /pack court decisions) judges interpret laws and their decisions set precedents for future cases I judges make > - 2 . Civil us , caw-based Up , on Canada , decisions based on previous similar c a s e s ( Australia laws and statures / everything is deadly written down and judges follow those > - most of Ev rules strickly . 3 Theocratic Law - > - > - based on religious principles and sacret hens religious leaders/cours interpet the laws on scripture Saudi Arabia Tran , , Vatican City International Legal System · specific nature between stares governs clas - horizonal structure · abou states · , , not individuals - all acors are equal ; there - all states are is n o single authority legally equal - limited inforcement - there is no single authority above states to make states follow rules History of International Dav it started with include trade , regulating was /peace agreements butexpanded to diplomacy , Dav of Mar E Dav ↳brade as a and of humanitarian law Peace I regulating wa r - e maintaining pa Trade relations) factor I many early legal facors emerged from Roman influence The Roman Empire's les Gentium (law of nations) set for international legal principles ↳ an early precedent body of ear applied to interactions been comans and foreigners established · citizenship protection as VOCAB jurisdiction principles , , and - creary law ! amisticia-friendship : pax-peace · · How Depiro Surrender foepus-treaty did · - influencedmodern concepts such jus gentium influence basic is concepts ? fundamental international curtomary laws principles come - · key concepts : Creaties , legal obligations between states ec . , Middle ages and Renaissance (The · from lus gentium Birth of nation-states) Tannon Law /Catholic church's legal System) played a role in shaping early international law Socio-political changes in Europe · - rise the nation state-sovereignty Francisco de Nitocia E Hugo Govius-founders of modern · 19th is Century is concepts Revolution-American Constitution mmmch · governance · of - - established modern democratic influenced the development of it Napoleonic Mars E Code Civile n e e ~ - introduced codified legal systems that influenced civil law traditions Vienna · Congress (1815) - ~ established diplomatic rules- 1st international organizations (Universal Postal Union) key developments in is The end · of the 19th and Hague Peace Conferences early 20thcenturies raw major milestones - Geneva Conventions-established Permanent Couc of Arbitration-states could · · League of Nations-1st global international disputes resolve rules for war-humanitarian protection without war organization · Permanent Your of International Justice-precursor of the iss · International Labor Organization-to regulate labor rights International have after WWS · · · United Nations ic] Tharter (1945) - established the UN , first truly universal international rplaces the PCI] proliferation of international braries Modern influences in it · · · Soviet Theories - influenced is during the Cold War Hans Kelsen's approach -hierarchical structure of law McDougal's Behavioral Theory-is-tool for : shaping global behavior org . key principles of the un Charter Peaceful Coexistence: States must resolve disputes without war. Non-Intervention: States cannot interfere in the domestic affairs of others. Territorial Integrity: States must respect each other’s borders. Right to Self-Determination: People have the right to form their own governments. Protection of Individuals: The UN also promotes human rights and humanitarian law - - - · - L - - - SOURCES OFINTERNATIONAL A I Sources of international conventions/creaties > - international custom > - general principles of law > - - International Law judicial decisions and teachings How are sources classified ? · formal sources - - constitutional mechanisms) procedural aspects - legal ↳ cules through which identified and recognized as biding are processes that determine how law is created ↓ Law · sources material - : creating content of the law procedures : , - economic facoes ↳ Law why the define the legal validity of a rule underlying social , political , and that influence its development a legal rule exists ↓ petermining agents : define who influences the law ↳ defined by State's behavior International Customs ↳ longest existing source of law across different socio-political regimes/reflects the decentralized + ↓ horizontal nature of is the international law F r living tradition in - Customary law is related to the fact that the states believe that it is an For it to be · ad of law custom it depends on its duration a duration-needs to be - - and consistency : a certain repeated over period to gain legal recognition · depends on the nature of the act-some customs took centuries to form while others developed quickly dus to global urgency · consistency and repetition - manner · - must be followed by a consistent and uniform by states distinction between state situation and the nature > - - of the ac A rule can still be a customary law, even if not all states practice it, as long as those states that are affected follow it consistently and out of legal obligation (opinio juris). The type of rule (whether it applies universally or to a specific group) determines how consistently it must be followed. - Elements of neracity S practice of the 1 custom Opinio Juris give necessitare how widelya practice is followed states must by states , they believe it is legally required > - repeated over time consistency · + · no of states of states no engaging states > powerful/influencial - must · be involved major actory - accepted on · generalization a broad scale follow the practice because - not just because to do so our convenience ↓ Traditions distinguishes customs from - to political · The ic has a approaches to identifying of habit/ a custome agreements : and legal literature assuming general practice based on evidence ↳ 1. treaties more - . 2 more flexible approach rigorous requirements - customs must be backed - , resolutions , state declarations , diplomatic exchanges strik proof of both generality and opinio juris by clear state practice over time Ther issues to be considered · & Persistant objector a side can - A stare that cleady - - consistently and objces to a customary cule while it i s will object a customary is while it is skill developing > - The objection must be clear and consistent if succesful the state won't be bound by the custom forming > - , objedoc-states Subsequent · · & bjec a curomacy cule very to reject a custom after it has already been widely accepted A state that vcies Go > - after it has already become can - problem : can a state widely accepted intoa n international ↳ himing is key burden of proof The - nor m ? - No the general principle O of it is that , once a cule has achieved widespread acceptance i t binds all states , if a state rejeds early enough (during formation phase) it might be exampl The - - ope out of a custom once it has solidified It is , always the claimant (the person making a claim a lawsuit or for state benefit) to prove such especially i n a custom exists i n case the bribunal requires such proof - consistent many application by states It must prove state practice and - · relations Bilateral > - customs - may develop between2 specific states due to their historical relations · egional and local custom - opinio juris General Principles of Lam - universally accepted key General ; legal concepts that apply a the international level principles jurisdictional principles/practices transported from natural Jurisprudences · consent · > - state must reciprocity-states · agree to be bound by must treat each other a treaty/legal obligations equally in legal matters good faith /Packa Sun Servanda) -treaties/legal · equality of states · - all states validity of agreements · legislations of the "civilized nations" elements that exist in most national - have remain open to must be respected + performed in good faith standing in is legal agreements must be freedom of the seas-seas · equal legal agreements valid , all states for voluntary , and not obtained through coercion or fraud navigation and trade Judicial decisions and teachings · International Arbitral Tribunals key mechanism for resolving disputes > - > - asolve disputes between states /private parties based on mutual consent agreements and is case-specific open involve ad Ho ↓ "For this specific purpose" · - something created cmporarily to address a particular situation International Court of Justice (ic]) and its Predecessor > - > - principal judicial organ of the UN , successor of the Permanent plays a vixal cole in the development of is Court of Justice · International Criminal Your permanent vcibunal prosecuting individuals for serious crimes/genocide, > - crimes was , against humanity) crimes Regional Cours · interpres/enforce is within specific regions > - ADHOC tubunals · temporary cours established/created to address specific situations/ > - conflics > - Ex : , often in response tourgent needs for accountability International Criminal Tribunal for Rwanda (on genocides in Rwanda) National Cours · > - integrate/incorporals il into domestic legal systems The International Your of Justice successor of the Permanent Cour of Justice , · · foundation composition : : 1948/1999 15 judjes and · , elecked for 9 year beems by it > - > - " ... however widely accepted it may influence the development of , - General Assembly Security Council jurisdiction-"The Cour does apply the law and not make or the UN contentious cases - a , when general a decision i s unanimous is Resolves legal disputes between states. advisory opinions- Provides legal advice to UN bodies and agencies. security council enforcement- The UN Security Council may enforce ICJ rulings, but compliance depends on political will. Teachings of recognized scholars and insitutions plays pivotalwle as in the subsidiary sources development/codification of is ; of it it i s composed International law comission-of legal experts lasked with promoting the progressive development of > - is and us · · · advisory opinionsinterpretations codification Function: Clarifies legal questions for UN bodies and member states. Influence: Non-binding but highly respected, often shaping international legal norms and influencing court decisions. publications publications in distinguished legal journals > - · · European Law Journal- Features articles that critically examine legal developments within Europe and their implications in International Law - Influences policymaking, legal debates, and judicial decisions. American Legal Journal- Examines how U.S. domestic law interacts with international obligations. recognition of scholars and institutions contribute > - · · Scholarly consensus- to legal interpretation/application subsidiary source of is , Influential legal texts by scholars, though not legally binding, are widely cited in courts and academia, shaping the interpretation and application of international law. Invitations and research entry- Research institutes and academic conferences bring together experts to analyze, develop, and influence emerging legal trends and frameworks in international law. Treaties - Statue of the icI · Ar , pacia sunservanca · = . 38 - "agreements must be kept" fundamental principle of is : are provide explicit , written legal obligations allow - for more precise regulation Reservations and declarations of treavies - S · state can exclude/ the stares interpretation clarify modify treaty o certain provisions certain provisions of a ↓ But a reservation can't contradic the brealy's Declarations help states clarify their interpretation or application of a treaty without altering its legal obligations. are purpose I -m FEATURE effec t · treaties prohibit/limit some Purpose Binding reservations ↳ apamutilateral a "a reservation · clearly defined and agreed upon > - a in bens e recognizes treaties as primary source of is creaties important ? ~ > - legallyfinding agreements whiche of il dinamics The main : treaties : enables does not want to a state comply to " - Reservations allow states to modify or exclude specific treaty provisions to align with national laws while still participating in the agreement. ? NOTA : juscogens - Vienna Convention · a leary is void if it conflicts with Lave Treaties on the of , a premptory nor m 1969 codified existing customary law on treavies and provides a framerous for beary law principles in the preamble key : - · · · main consent-states voluntarily enter bravies good faith - braries must be respected and performed honestly Pacia sunr Servanda-aguements must be kept ; binding nature of creaties provisions : ~ · · right to joins "Each wate has the right to be a partyNo a treaty non-discrimination mechanics - no state can be artitarily included of Treaties : r a i s e ~ adoption I process by which treaty is agreed upon by stares ( · a entry into force I how - scope (application of creaties + · · · of is when creaties become legally binding obligations of states) ermination / conditions under which creaties can be dissolved/withdrawn from I " key points of the vienna convention · · · · void creaties Ia leavy i s void if it conflics with a peremptory nor m of general is universality I jus cogens nor ms are non-derogation / countries can't recognized by the envice international community ( opt out of there norms ( modification (the only way to change a jus cogens nor m i s by creating a new nor m that holds the same status Principles of is · · traditionally customary it peremptory norms (jus cogens) - a fundamental principle of isthat is so important that no state can violate , ignore , or opt-out of Classification of treaties Treaty - general heem for legally binding international instruments Charter-treaty of foundation nature with strong legal weight convention-international multilateral treaty with significant importance setting a standac agreement-creary dealing with specific issues generally bilateral , pack - starve one/a group of - legally binding instruments legal instrument with both foundation elements and explanatory character convenant-multilateral legal instrument (used in HR) However , there between states are binding more dinamic , , interaction : Declarations · other specific methods for legally (might be only political , but might have legally binding elements or fully binding ( - Declarations nical : express consensus/aguement on a n issue but doesn't create legal obligations memorandum of understanding · - lowlevel , functionality instrument only the , participating parties could define its scope and level exchance additional of Diplomatic nores letters Law-making creavies us S · create Standards u multilateral agreements with issues that cover E general behavior parties are practically for obligations all The same codification · treaties already existingcustomary lav That are assembled norms and of international across · - various signatories · contrac type creaties urnational obligations setting up ↳ - · of obligations agreed upon on a universal level darify organize and make binding The , , - customacy laws that most states were already - following ↳ - non-signatoues could apply such laries/ some packs which entitles these even state , provisions with "strong lawmaking effect" - #e/ vawy has e legal influence apply even to stares that so much thattheir principles have not signed them - Feature Law-making treaties purpose create n e w legal norms/customs I codification treaties formalize/organize/clacify existing rules and customs - Legal effect introduce n e w obligations Human Rights Creaties , Geneva Conventions example applicability Inly binding Ther classification · it acustomary a ↳ unless on becomes a se signatories unless custom develops inforce widely accepted laws r Vienna Conventions , UNCLOS open binding on all states due to custom of creaties Bilateral Treaties - - > - > - represent specific agreements main instrument to of is - · a on political , define the status of the relations between 2 Subjects specific issue economic , Leade , security fisheries , multilateral treaties - - > - > - > - agreements involving 3 brades in scope , cover + pacies usually sais a wide has a contractual nature , , on range of issues /depending the breavy) focuses on a specific subjec has a limited , scope and can sometimes be regional applying only to arain awas/quups of stares , , summary : Bilateral Treaties: • Involve two parties. • Focus on specific issues (political, economic, etc.). • More flexible and tailored but limited in scope. Multilateral Treaties: • Involve three or more parties. • Address broader issues with collective importance. • Aim for standardization but can face complex negotiation challenges. Are the un resolutions/decisions customary or brealy in is ? UN resolutions and decisions types of resolutions : General Assembley Resolutions non-binding recommendations thatexpress > - : the opinions/wishes of the GA ; of > - Security Council Resolutions : seen as reflections the international consensus can be binding on un member stares when addressing threats to international peace/security resolutions that ; may impose obligations/ authorize actions International Dav Comission Spinion 1950 , The mernational Law Comission (i() - · · - established by The UN , 1947 provides guidance on the development/codification of it "The cumulative practice of states , , including their responses to un resolutions can · be as evidence of is regarded This practice may contribute development of cromacy i , " which formed through consistent state practice and a > - ic] E While UN resolutions themselves are not binding, they may contribute to the formation of customary international law if they are followed consistently and states believe they are legally obligated to the a practice is belief that such legally obligatory (opinio juris) The ILC emphasized that while UN resolutions themselves may not create binding obligations, they can inform and influence the evolution of international law by reflecting the collective will and practices of states. Advisory Opinion , 2004 : Construction of the wall In 2004 the ic] issued an advisory opinion regarding the legality of the . In Territories construction o a wall by Israel in occupied Palestinian This opinion the ico stated : Resolutions of the UN General Assembly and Security Council could serve as evidence of international rules and principles, even if they do not constitute binding law in the same way treaties do. The ICJ noted that these resolutions reflect the international community's views and legal norms, which can contribute to the understanding of existing international law. Treaties us Customs -CCIPERIA TREATE ↑ formality creation require explicit consent from states Binding scope binding only on parties that consent LIST informal and unwritten develops from consistent state practices over time · wolves amended/terminated with can be FLEXIBILITY binds all states , regardless of specific agreements gradually - reflects general consensus of state behavior mutual consent Unilateral declarations > - statements made by a state that an create without context on the a legal obligations under is even , formal agreement withohe states case : Case brought by Australia and New Zealand against France regarding atmospheric nuclear tests in the South Pacific: the ICJ examined not only the substantive issues at stake but also the implications of France's unilateral declaration. France announced that it would cease conducting atmospheric nuclear tests in the region, a statement that was significant in the context of international concerns about nuclear proliferation and environmental protection. - - Legal significance of Unilateral Declarations · creation of Legal obligations > - > - - - : states c a n be held accountable for their public commitments Traditionally, international law is based on agreements between states (treaties). However, the ICJ's recognition of France’s unilateral declaration as legally binding shows that a state can create legal obligations on its own. This means that if a state publicly commits to an action (e.g., stopping nuclear tests), it can be held accountable for that promise under international law. This challenges the idea that only treaties or customary law create binding obligations, expanding the sources of international law. · interpretation and intent-cours analyse the content intent and reactions of other states to determine if binding The ICJ does not automatically consider all unilateral statements as legally binding. Instead, it looks at the context in which the declaration was made: The intent of the declaring state – Did the state mean to create a legal obligation? The reaction of other states – Did other states rely on the declaration as a binding commitment? z a - , , declaration i s - · - > - · In France’s case, its declaration to stop nuclear testing was assessed within the broader context of international disarmament, suggesting that it was intended to be taken seriously. This shows that context and intent play a crucial role in determining whether a unilateral declaration is legally binding. Legitimacy and accountability-when a state mases a legally significant statement it cannot , easily read it, reinforcing international cust and - - - responsability Once a state makes a legally significant declaration, it cannot easily retract it. This reinforces state responsibility in international relations, preventing states from making promises and later denying them. Public or formal statements (e.g., diplomatic speeches, official government announcements) are particularly likely to be seen as binding, increasing the credibility of international commitments. ILC's role in Unilateral Acs The international Dav Commission studied unilateral acs to clarify when they create . Their discussions/findings contributed to the understanding of legal obligations yes of unilateral acts - can · · · > - promises > - have implications i n herms of their binding nature Commitments made by a state that others may rely on recognitions- Acknowledgment of a legal or political situation motifications- Formal communications that indicate a state’s position on a matter inping nature criteria For > - · · darity- The statement must be explicit, leaving no ambiguity. intent- The state must intend for the declaration to create legal obligations. : content/circumstances · > - - The declaration must be made in a context where it is expected to have legal consequences practical implications - - - · Helps states understand the legal consequences of unilateral acts. Ensures stability and accountability in international relations. Provides guidance to prevent disputes over binding declarations. SUBJECTS INTERNATIONAL LAW pac u OF , Legal personality ↳ under International Public Law legal personality refers to · · - an entity's capacity to: have rightsobligations under in engage in legal various actors actions on # , ases before international cours including bringing international that could (or not) be subjects planes ( in the global legal, political, and diplomatic environment ( of is Subjects of i · ic] reports and 1949 : , international rights and duries "an entity capable of possessing having apacity the accumulative to maintain its rights by bringing international claims components - The reality of is is more complex than jus states being the only subjects . adoes also play important coles · Ther : non-state acoes NGOs - > - and corporations While traditionally excluded from the category of subjects of international law, certain non-state actors have gained legal personality, particularly in specific contexts. human rights influencing : NGOs can is and policies , being issues to international forums " Transnational corporations up > - World Trade , Organization regional organizations (EU) have legal , personalities · specific Status territories - territories and regions that do not have full statehood but still have a recognized status in international law. States Montevideo Convention on Rights and Duties of States · "The state as a person of is should posses the · · permanent a defined herrivocy 1993 , Avide 31 following qualifications · capacity to enter into relations with other states" StareHOOD (legal approach) - : saviviry government · · population a , status of being a recognized & functionality entity with rights and ~ #remaining) obligations under is political considerations - · recognition-political recognition by other states is vital and open required for full participation in international affairs · Ex : Palestine and Taiwan- Taiwan meets the criteria for statehood but lacks recognition from the United Nations and many countries due to political pressure from China. Palestine is recognized by some states but not by others, affecting its legal status. stability and governance-the effectiveness of a government also affects political · recognition ; a functioning goo . That controls its territory is crucial States perceived as unstable, failing, or illegitimate may struggle to establish diplomatic relations and participate fully in international organizations. ↑ · geopolitical dynamics political alliances conflicts - , can a state unification recognition decolonization/independence separation or secession- · unification · or relationships decolonization separation/succession is created ~ · and historical influence recognition 6 How , movements process by which a region or group within an existing state breaks away to form a new, independent state merger recognition by other stares · Baric elements for a state to be considered as such under it Criteria related to indicators of a stable > - > - > - community Requirements of existing human factor: normally, but not always interrelated with the criteria for territory. a defined territory is usually needed, some recognized states (e.g., Palestine) have disputed or shifting permanent population- Although territorial boundaries. defined vercitocy- Territorial effectiveness as a major, though not exhaustive factor for statehood. > - Borders do not have to be perfectly defined, but there must be a recognized geographical space where the government operates. The acceptance a rate with a lerritorial dispute of depends on several factors 1. by the internationa community : International recognition- A state can be accepted by other states and international organizations even if its borders are disputed, often based on diplomatic alliances rather than strict legal criteria (e.g., Palestine at the UN) 2 . Legal framework- The Montevideo Convention (1933) defines statehood, which outlines criteria such as a defined territory, but territorial disputes complicate recognition, though effective control over territory can still lead to acceptance. 3 . Stability and governance- 4. Peaceful Resolution Efforts- 5. States that engage in negotiations and peaceful dispute resolution are viewed more favorably in the international system. often depends on political motivations rather than legal principles, with powerful states influencing geopolitical interests- Recognition outcomes based on their strategic interests historical content- Past treaties, historical claims, and previous diplomatic relations affect recognition decisions. . 6 1. A state’s ability to maintain order, provide public services, and function effectively increases its chances of recognition, even in disputed territories of prior cases like Kosovo’s impacts how similar situations precedents see by previous territory disputes- Recognition (e.g., Catalonia, South Ossetia) are assessed by the international community. Criteria related to the operational > - effectiveness of a state government requirement for existence of state Structures- enforcement : - mechanisms · Saland case , 1970 - However, the lack of such strong structure could be counterbalanced in modern politics by strong support from the international community. (Creates quite ambiguous situations and sometimes even double standard) capacity to enter into relations with other states > - : state must be able to - with other engage in diplomatic/legal relation # recognized states Although international organizations and non-state actors can interact with states, full statehood requires independent foreign relations capabilities. other criteria > - condicio sine Quanon = "an essential condition"-independence and sovereignty - > - atainment manner of capacity toenter legal relations · · A state’s ability to engage in diplomatic relations depends on how it attained independence. peaceful-lawful means (democratic processes negotiations etr) strengthen , state's a · Ex : legitimacy Nochern in Cyprus ? , international relations Declared independence in 1983 but is only recognized by Turkey. The UN considers it part of the Republic of Cyprus, preventing it from fully engaging in international legal relations. right to self-determination fundamental principle in the ur Charter allowing - : , - - people to seek independence and estabilish their own governance structures as a n essential - element for gn Tion a state to be able to operate on the international stage effectively - Fundamental rights of staves There rights estabilish legal principles while also creating reciprocal obligations among international across · independence - being fre to ac within the legality of the international legal system · non-intervention in internal affairs - stares must respect each other's Sovereignty and avoid interference ; related to the abstention of use of force peaceful coexistence · ↳ ↳ · - principle promoting diplomatic stability India-China declaration equality , Helsinki Process /USA vS USSL) - all states have equal rights/duries in the international community regardless of economic , I 1979 ↳ Declaration social , Il of Principles of , 1970 , or political differences ↓ Elements of - Sovereign equality states are : judicially equal All states are equal under international law, regardless of size or power. - each state enjoys the rights inheren in Each state has the right to govern itself without external control. each state has the - full Sovereigny duly to respect the personality of other stairs States must acknowledge and respect the legal existence and rights of others. > - the territorial integrity and political independence of the state are inviolable A state’s borders and governance must not be violated by external forces. - each Rate has the and cultural > - right to freely choose/develop its political , social economic , , systems each state has the dury to comply fully and in good faith with international obligations and to live in peace with other states States must uphold treaties, agreements, and legal commitments in good faith and maintain peaceful relations. Extinction of states & I state cases to exist as a · subjec of is due to many - reasons merger-2 + states unite to for a - > - · EX : German Reunification annexation-state - · EX : single stare East and West Germany unified after the fall of the Berlin Wall. , 1990 : The former division ended through legal and political agreements, not conflict. lazes control of another state's forcibly Verritory integrating , it on its - own Austria Nazi Germany annexed Austria, making it part of the Third Reich. 1938 : Austria lost its independence and sovereignty. , Dismemberment-state dissolves and multiple new rates - > - · : EX : USSR settlements Post-conflict - - > - , emerge from it 1991- The Soviet Union broke apart, creating 15 independent states. international agreements restructu a state after complic Ex : Dayton Agreements , 1995- Ended the Bosnian War while maintaining Bosnia > - and Herzegovina as a state. Created governance structures reflecting new political realities. SUBJECTS INTERNATIONAL LAW para OF , Session 7 Blakes Federal States · multiple entities that share power with theanical government Characteristics : - - - · diverse governance - each and · shared entity may have its own constitution , . goo legislative powers Sovereignty-power is divided been the central and regional governments Political andLegal concepts - - · federalism - a political system wher power is divided been a central - authority and constituent enrixies conctional · arrangements - the specific distribution of powers and responsabilities · can vary widely among federal systems auonomy-components/entities) may have varying degrees autonomy in areas such as education healthcare , enforcement , of law into Federation In Could de component legally binding international a - commitments ? It depends Their > - butional arrangements ↳ the ability of constituent entities to entes international · commitments depends USA > - case stuous Belarus and us federal constitution L Cantons are administrative divisions or regions within a country, particularly in Switzerland, where they function as semi-independent states . The Cantons can enter agreements in specific areas, showing a decentralized approach. UN Belarus is a unitary state, meaning all international relations are managed by the central government. Unlike federal states, its regions do not have independent authority to enter into international agreements. USA on the States cannot enter treaties independently; only the federal government has this power Switzerland · - F Shows how unitary states centralize foreign relations, preventing regional governments from making independent commitments. Switzerland The U.S. Constitution (Article I, Section 10) prohibits individual states from entering into treaties or foreign agreements. Only the federal government has that authority. VS Switzerland, however, follows a more decentralized federal model, where cantons (Swiss regional units) can enter into international agreements in specific areas, such as education or the environment. This case illustrates two different approaches to federalism: The U.S. model centralizes foreign affairs, ensuring a single national position on international commitments. The Swiss model grants limited international autonomy to its cantons, demonstrating a flexible federal structure. · s How do federal states ensure that their regions states, provinces, or territories ( -comply with ~ international compliance obligation within their national legal system ? with e m ~ international oblications Different federal states have varying approaches to integrating international obligations into their domestic legal systems. These differences can lead to jurisprudential challenges, especially when subnational entities (states, provinces, or cantons) resist implementing international commitments. - domestic legal systems - - federal states--mechanisms for - is into integrating domestic law Jurisprudence Challenges These challenges arise when · different regions interpret apply , , or resist international obligations differently creating legal inconsistencies and enforcement difficulties , within the national > - u . . S legal system and the "Federal Clause" The Supremacy Clause (Article VI) of the U.S. Constitution states that federal law overrides state law, meaning that international treaties signed by the federal government must be respected by all states. However, treaties do not automatically become enforceable; they must be implemented through domestic legislation by Congress. Jurisprudence challenges: Some U.S. states have resisted implementing certain international treaty obligations, leading to legal disputes. Australia and Federal compliance > - Similar to the U.S., Australia requires international treaties to be implemented through federal legislation before they can take effect domestically. The Commonwealth Government (Federal Government) is responsible for signing treaties, but states and territories often have authority over key areas affected by those treaties (e.g., education, environment, criminal law). Jurisprudence challenges: States may refuse to align their laws with international treaties, causing inconsistency in treaty enforcement. > - FROM ( Noth Macedonia) and compliance issues North Macedonia, as a federal-like system, faces challenges in implementing international obligations uniformly across different regions. Certain ethnic or political divisions within the country make compliance with international agreements more complex. Jurisprudence challenges: Some regions may interpret or enforce international obligations differently, leading to inconsistencies Association of states An association of sales refers to a formal relationship where smaller /less powerful states maintain a degree of independence while a being lined to a larger stare or group of states > - purpose enhance political economic : , - member states to relain Examples of associations , or security cooperation while allowing significant autonomy : is lands Look zealand and new status > - : Look Islands-self-governing territory relationship · · · fee association with ↓ # New Lealand > - in smaller territory or state is self-governing but voluntarily maintains a formal relationship with a larger, more powerful state. The associated state retains its sovereignty while delegating certain responsibilities—such as defense, foreign affairs, or economic assistance—to the larger state. : Look Islands controls its own domestic affairs New Zealand handles defence and foreign affairs Lizens of the Cook Islands hold New Zealand exizenship reflecting deep , cutural /Social hies > - relevance - Demonstrates how a smaller state can retain autonomy while relying on a larger state for specific responsibilities. commonwealth/ #British - a political association of independent states cerritories , mostly former Brixish Empire characteristics - : member states share historical his to the British · rown but remain independent nations promotes democracy · , human rights , and economic development relevance- Shows how former colonies can maintain voluntary cooperation without being politically > - dependent. independent (cis)/ ↳ ommonwealth of states established after the Soviet Union was dissolved in 1991 - , including mostformer Sovie republics except the Ballic states objectives - · : facilitate political economic and cultural cooperation , , address shared concerns such as trade · challenges > - · , defense and security : difficulties in integration due to political differences - conflicing national interests > - relevanc Demonstrates the struggles of post-Soviet states in maintaining unity while pursuing independent policies. union / European - political-economic union aiming for integration /cooperation among European states > - legal framewor · : Lisbon lreavy , 2007 , established the EU as a legal entity, allowing it to ac in international affairs · concept of "We closer union" pushing for deeper integration , - key components · · > - : common foreign and security policy- Coordinates foreign policy and strengthens the EU’s global influence. economic integration- Promotes free trade, mobility, and economic cooperation, including the single market and Eurozone. relevance The EU is the most developed association of states, with binding agreements and shared institutions. Protectocates and protected states · - S marion statehood and international relations are - handed to another stare statehood is conserved but parts of et, including international relations are handed to another state The protecting state assumes responsibility for foreign affairs and defense. > - > - , The local government retains some level of administrative autonomy but is heavily influenced or controlled by the protector. > - The protected state manages its internal affairs independently while relying on the protecting state for defined international obligations. This arrangement often arises from historical contexts or political negotiations, typically due to economic or security needs. E ASPECTS PROTECTORATE PROTECTED Definition Foreign affairs and Defense internal Governance sovereignty under oversight restricted Sovereignty on the major decisions protector state fully autonomous i n domestic maters - are handled by another stare scope of security or diplomacy are transfered MONACO E France > - monaco delegated ir-defense mates to france key differences : protectorate- Limited sovereignty → The protectorate operates under the authority of the protecting ↑ state, meaning it cannot make independent decisions on foreign policy or defense. Dorring · 2 · protected state # of delegation s I - Full sovereignty → The state remains independent and governs itself, but chooses to delegate certain external responsibilities (e.g., defense or diplomacy) to another state. protectorate- Broad delegation → The protecting state controls multiple aspects, especially international affairs, defense, and sometimes internal governance. protected state - Limited delegation → The state only hands over specific areas (e.g., foreign affairs or military protection) while keeping full control over its domestic laws and governance. Some cases apart Palestine-Partially recognized unity with us observer staws Historical Context: ~ • • 1964: Palestine Liberation Organization (PLO) was created to represent Palestinian interests. 1974: The UN General Assembly (UNGA) granted the PLO observer status, recognizing it as the representative of the Palestinian people. Key Developments: - m i c • • • • 1993: Oslo Accords established a framework for Palestinian self-governance. 1994: Cairo Agreement created the Palestinian Authority (PA) to govern parts of the West Bank and Gaza Strip. 2012: Palestine acceded to the ICC, raising legal questions about jurisdiction over war crimes. 2015: Palestine attempted to bring cases against Israel at the ICC, intensifying the debate over its statehood. Current Status: n e e • • 2012: The UNGA granted Palestine "non-member observer state" status, boosting its international recognition. Despite recognition by many states, its full statehood remains legally and politically disputed. Why It’s Important: Palestine highlights how international recognition impacts statehood, even when an entity has a government and defined territory. Kosovo-declared independence but faces limited recognition Independence Declaration: m i n e e s • 2008: Kosovo declared independence from Serbia, receiving mixed reactions globally. Legal Status (ICJ Ruling): - • 2010: The ICJ ruled that Kosovo’s independence did not violate international law but did not establish full statehood. Political Implications: - • • Serbia continues to claim Kosovo and does not recognize its independence. International negotiations have attempted to normalize relations but have faced ongoing tensions and setbacks. Legal Issues: - • • Kosovo’s legitimacy remains contested due to UN Security Council resolutions affirming Serbia’s territorial integrity. While over 100 countries recognize Kosovo, others (Russia, China) do not, preventing UN membership. Why It’s Important: Kosovo illustrates how international law can support independence, but full recognition depends on diplomatic and political factors. Taiwan - a fully functioning state without UN recognition Historical Context: - • • 1895–1945: Taiwan was under Japanese rule after the First Sino-Japanese War. Post-WWII: Taiwan’s legal status remained unclear after Japan’s surrender. Current Governance: - • • Taiwan operates as a separate state with its own government, military, and economic system, distinct from China. The People’s Republic of China (PRC) claims Taiwan as part of its territory, blocking its international recognition. International Participation: - • • Taiwan engages in global trade and is part of GATT and WTO under a special designation. Due to China's influence, Taiwan is not recognized by the UN and is excluded from many international organizations. Why It’s Important: Taiwan functions as an independent state but is denied recognition due to geopolitical power dynamics, showing how politics can override legal statehood criteria. specialtypes of ferritories that are not fulles independent but have unique legal/political - arrangements Territorial entities Territorial entities are special types of territories that are not fully independent states but have unique legal and political arrangements. These include condominiums, mandated territories, and trust territories, often arising from historical agreements, colonization, or international governance frameworks. · condominium-2-countries share sovereign powers over a territory shared governance between · · acises 2 + states from creaties , colonial agreements, or historical claims participants relain some authority over the territory · > - case study : New Hebrides - Vanaw Historical Context: Originally claimed by Spain (1660s–1880s), later administered by Britain and France from 1906. Administration: • British and French authorities shared governance, creating a dual legal and political system. • Laws and administration differed based on nationality, leading to complex governance challenges. Independence: • Vanuatu gained full independence in 1980, ending the condominium arrangement. • The case highlights the complexities of shared sovereignty and colonial administration. Relevance: Conveys how shared sovereignty systems work and how they can transition to full statehood. mandated and trust territories - created to administer former colonies following WWI and 2 ; aimed to overses the transition of these territories to zef-governance -> after was , League of Nations introduced mandatedterritories territories to prepare used while the ur later crust S regions for self-governance and independence · Unixed Nations Trusteeship system · The up continued This approach through the Trusteeship system estabilised under Avides 12 and 13 of the · but territories : , UN Charter regions placed under administration of a member state , with the > - goal of preparing them for self-determination-independence case study : South Africa and she ic] advisory opinion Background: Namibia (formerly South West Africa) was under South African administration as a mandate territory. UN General Assembly Resolution 2145 (1966): Declared South Africa’s continued control illegal and demanded withdrawal. ICJ Advisory Opinion (1971): • Reaffirmed Namibia’s right to self-determination. • Declared that the mandate had not lapsed, making South Africa’s rule unlawful. Independence of Namibia (1990): • After decades of struggle, Namibia became independent, showcasing the UN’s role in decolonization efforts. Relevance: Shows how international law facilitated decolonization, particularly through the UN’s role in overseeing transitions to independence. Territories under international administration Bosnia E Herzegovina-U and to supervise - un peacebuilding Background The Bosnian War (1992–1995) was a brutal conflict following the breakup of Yugoslavia, involving ethnic violence among Bosniaks, Croats, and Serbs The war ended with the Dayton Agreement (1995), which created a complex power-sharing government to balance ethnic tensions Given the deep divisions, the international community stepped in to stabilize the country. - > - - UN Mission: • The United Nations Mission in Bosnia and Herzegovina (UNMBIH) was established after the Bosnian War under UN Security Council Resolution (UNSCR) 1035 (1995). • The mission aimed to stabilize the region and facilitate post-war reconstruction. - Dayton Agreements (1995): • Ended the Bosnian War and laid the gorundwork for peace and reconstruction; created a complex powersharing government to accommodate ethnic groups (Bosniaks, Croats, and Serbs). - Role of the High Representative: ~ • An international overseer with broad authority to implement peace agreements; A powerful international figure responsible for enforcing the Dayton Agreements. • In 2007, control shifted to the European Union Police Mission, signaling a shift toward greater european involvement in stabilizing the region Relevance: Bosnia represents a long-term international administration effort to rebuild a war-torn country while ensuring ethnic balance and stability. - East rimor - un supervised transition to independence Background East Timor was a Portuguese colony until 1975, when it declared independence Indonesia invaded and occupied East Timor, leading to decades of violence and resistance In 1999, a UN-sponsored referendum led to East Timor choosing independence, but Indonesian-backed militias responded with violence, creating a humanitarian crisis. - > - - UN Transitional Administration: • The United Nations Transitional Administration in East Timor (UNTAET) was established (1999–2002) under UNSCR 1272 (1999) after Indonesia withdrew from the region. • UNTAET was responsible for providing security, estabilishing a functioning government and facilitating the transition to independence following Indonesia’s withdrawal after violent referedum in 1999. - Independence: • 2002: East Timor became the first new sovereign state of the 21st century. - First Special Representative; Key Figure: • Sergio Vieira de Mello served as the first Special Representative of the UN Secretary-General, playing a crucial role in state-building and administration. i ~ s Relevance: East Timor is a successful case of UN-administered transition to full independence, demonstrating the role of international governance in post-conflict recovery. - ROSOVO-UNMIKE EU led administration Background Kosovo was part of Serbia under the former Yugoslavia, but ethnic tensions between Serbs and Albanians led to violent conflict in the late 1990s NATO's intervention in 1999 (Operation Allied Force) resulted in the withdrawal of Serbian forces, and Kosovo came under UN administration to ensure security and stability during the transition to a self-governing region Kosovo’s declaration of independence in 2008 sparked mixed international reactions, with Serbia rejecting Kosovo’s independence and Russia and China opposing recognition. ~ > - - UN Mission: • The United Nations Interim Administration Mission in Kosovo (UNMIK) was created under UNSCR 1244 (1999) following NATO’s intervention in the Kosovo War. • It was responsible for governing Kosovo temporarily while facilitating self-rule. - Mandate: • UNMIK was charged with overseeing the administration of Kosovo and facilitating the estabilishment of self-governance while ensuring security and stability in the region. • Oversaw political administration, security, and institution-building while Kosovo transitioned to selfgovernance. - European Union Involvement: • The EU Rule of Law Mission in Kosovo (EULEX) works alongside UNMIK, focusing on legal and judicial reforms. - Special Representatives: • Bernard Kouchner (first UN Special Representative) helped establish Kosovo’s institutions and promote stability • Caroline Ziadeh (current Special Representative) continues peacekeeping and governance efforts. - Relevance: Kosovo is a unique case where international law, military intervention, and UN administration shaped its path to self-rule, although statehood remains disputed. - specific cares Some entities hold a unique status in international law. While they are not traditional states, they are recognized as sovereign entities, engaging in diplomatic relations and international affairs despite their limited territorial control. The varican /Holy see -cheocratic Sovereignty E international influence Historical Background • The Vatican originates from the Papal States (756–1870), a theocratic state ruled by the Pope. • In 1870, Italy unified, absorbing the Papal States, reducing the Pope’s temporal power and creating a sovereignty dispute. ~ Lateran Treaty (1929) • Signed between the Holy See and Italy, formally recognizing Vatican City as an independent sovereign state. • Key Provisions: Defined Vatican City’s boundaries within Rome. Guaranteed the Holy See’s independence from Italy. Provided financial compensation for the loss of the Papal States. - > - > - > World War II and Vatican Neutrality • Rome was declared an "open city," meaning it was not to be attacked or defended, protecting its cultural and religious significance. • The Vatican maintained neutrality, focusing on humanitarian aid and diplomatic efforts. m i n ~ i n Current Role & International Presence • The Vatican is a significant diplomatic player, engaging in human rights advocacy, peace negotiations, and interfaith dialogue. • Maintains diplomatic relations with over 180 countries. • Holds "Observer Status" at the United Nations, allowing influence in international affairs without full UN membership. i s ~ Relevance: The Vatican is an example of a sovereign theocratic state, demonstrating how an entity without traditional political governance can still exercise global influence through diplomacy. - The sovereign order of malra - a stateless sovereign entity with diplomatic Kalus Background • The Sovereign Military Order of Malta (SMOM) was founded in the 11th century as a chivalric order providing medical aid to Christian pilgrims in the Holy Land. • Over time, it became a sovereign entity, recognized for its humanitarian mission and diplomatic status. u n ~ Sovereignty Without Territory • While the Order no longer controls territory, it remains a recognized subject of international law. • Key Features of its Sovereignty: Has its own diplomatic relations and issues passports. Can enter into treaties and conduct international humanitarian missions. Operates as a humanitarian and medical relief organization rather than a traditional state. - & Y & Diplomatic Relations & Humanitarian Activities • Recognized as a sovereign entity by over 100 countries. • Runs medical, disaster relief, and social services worldwide. • Plays a key role in international diplomacy, particularly in humanitarian aid, refugee assistance, and global health programs. - u s e Relevance: The Order of Malta is a rare case of a sovereign entity without territory, showing how sovereignty can be maintained through historical rights, diplomatic relations, and humanitarian missions. - · Some other entities that might be subjects of i # Barcelona Traction Case (ICJ, 1970) determined that corporations may have International Public Companies /IMMARSAr INTERLASAr) ↳ · satelite companies international legal protections if their home state intervenes diplomatically. , These companies operate across national borders and engage in international agreements, making them relevant in international law. - · Transnational Corporations (Barcelona Traction Case 1920) , These companies can engage in disputes under international law but do not hold full legal personality like states or international organizations. · National Liberation Movements Some movements seeking independence or self-determination gain limited international recognition (e.g., Palestine Liberation Organization (PLO)). May be considered subjects of international law when recognized by international organizations or engaged in peace agreements. have legal personality International organizations ↳ - can sign creaties sue , , be held accountable under is Organizations like the UN, WTO, and WHO have legal personality, meaning they can sign treaties, sue, and be held accountable under international law. · ic] , ·her · 1949 - UN was recognized as a subject of is ; seting a precedent for intergovernmental organizations Vienna Convention on the Law of Treaties , 1986 - establishes rules for creaties between international organizations and states Humanitarian organizations · · · : ICRC EIFR- Operate under a special status—recognized in international International Commite of The Red Cross humanitarian law but not full subjects of international law. Their legal framework allows them to engage in war zones, provide aid, and influence humanitarian policies globally. humanitarian law and some amorphous approach humanitarian pattern RECOGNITION AND STATE SUCESSION Sessions 7 + 8 Recognition General situation or How some political considerations COULD turn intoLegal actions Political factors such as alliances, conflicts, and historical disputes can influence legal decisions on state recognition, leading to formal actions like diplomatic recognition, non-recognition policies, or international court rulings. formal acnoledgment of a state's existence > - and This process varies based of its ability to engage in diplomatic legal relations with other states. - forms + on political historical and legal facous , , recognition : - · be sure - "BY recognition-full/ oficial legal acknowledgement of a state's covereigny LAW" under it · be facto - "IN REALITY" recognition-acknowledgement of a state's existence and control without granting it full legal legitimacy WHY is recognition a complex problem ? ⑳irical pressure ↳ powerful states may influence/block recognition based on strategic interests ⑫ernal Divisions ↳ internal divisions within a occur when political parties , regions , or ethnic groups country disagree on recognizing another state domestic conflict diplomatic challenges + legal obstacles in fouign policy a state in chaos or political conflic is less likely to gain broad recognition as other states prefer , to engage with stable , clearly governed entities ⑤ Legal ambinities ↳ the euxeria recognition is not always clear leading to legal for , uncertainties the lac of universally accepted standards The can complicate recognition process Distorical contexts ↳ historical quevances/legacies can make recognition past conflics Outcomes > - , effects a sensitive issue colonial histories and unresolved disputes complicate recognition , , , and nuances legitimization recognition grans legal/diplomatic legitimacy to : a state's S · # government enables participation in international diplomacy, A recognized state can join international organizations, sign treaties, and receive financial and diplomatic support, strengthening its sovereignty. joining international orgs > - and : = Recognition can help stabilize post-conflict regions, encouraging peace agreements and diplomatic solutions. encourages diplomatic negotiations between isolation E Lack of recognition can leave a state politically and economically cut off, making it difficult to engage in trade and global governance. & : The lack financial aid access conflic resolution recognition can facilitate dialogue #I > - ., conflic resolution + - reduces tensions conflicing parties of acognition can leave a state politically and economically isolated diplomatic engagement becomes mode limited > - legal precedents # Each recognition case sets an example for future disputes, shaping international law on sovereignty and statehood. nuanced > - : recognition sees precedents affecting future iR-principles of governing statehood and sovereigning relationships · : the recognition process reveals the complexities of international relationships some states may have # A state may be recognized politically but not territorially, leading to complex diplomatic positions (e.g., recognizing a government but not its territorial claims). nuanced stances , recognizing some aspects of a state's legitimacy while opposing others · Statehood exists regardless of recognition T THEORY do d (S A state possesses legal personality regardless of the existence or not of recognition of other states and the act as such is just a matter of acceptance of the situation for the “declaring state” Non-recognition does not exempt a state 2) from the bassic obligations under International Law. The act of recognition attributed to a state her legal personality…and an unrecognised state can’t have rights and obligations according to the International Law. () ↓ La reen recognition is merely as recognized by other states an acknowledgement of an existing situation than Implications : > - · under this Theory an unrecognized legal personality It cannot sign creaties join legal personality > - , - stare lacs + organizations-engage i n diplomatic relations for legal rights/obligations-If a stare is created as non-existent i n the international rights/obligations by virtue of existence and fulfillment not recognized it i s legal system non-recognition Does nor exemp T - even if a state obligations under it IEX respect for human rights) : & I # # Example: Taiwan and Kosovo struggle with recognition, Example: Palestine is not recognized by all states (Israel & U.S. limiting their ability to join the UN or sign global oppose its recognition), yet it engages in international treaties treaties. and forums like the UN as a non-member observer state. Relevance: This theory emphasizes recognition as a Relevance: This theory supports statehood as an independent legal requirement, making international approval legal fact, ensuring that political bias does not determine a crucial for full statehood. state’s existence. - ASPECT ConstituiVE THEORY recognition's recognition is required for to exist role Legal effect on participation in international Law state has n o legal status unless acognized by others a state personality non-recognition a legally unrecognized state-no rights/obligations i n ic , unrecognized states cannot sign creaties or have official diplomacy join international orgs I DECLARATORY a e saelegallyif i messa a slav has legal status as soon as is fulfills The basic even THEORY requirements of statehood if unreconized , a state still has right obligations under it unrecognized states an still engage in diplomacy follow international rules + , Reality of recognition In international law, recognition is not purely legal or purely political—it is almost always a mix of both. States decide recognition based on strategic interests, legal criteria, and political considerations, leading to inconsistencies and selective recognition. recognition- Highly political act > - states often make · · · · recognition decisions based on strategic interests alliances historical relationships geopolitical considerations Leaal/factual A stare should have · a = this an lead to inconsistencies and selective prerequisites criteria for statehood > - & : defined herritory : : Montevideo Convention , 1933 recognition · a permanent population · a functioning government · > - The capacity to enter into relations with other states however are , the practical control critical factors of a territory and the establishment of a community Even if a region meets legal statehood criteria, recognition may depend on effective governance and stability. For instance, the ability to maintain governance and provide services to a population often plays a role in the perception of legitimacy and the decision to recognize a state. Relevant opinions Institut de Droit International (1936): • • Stressed that recognition is both legal and political and should follow a clear legal framework. emphasizes the importance of establishing a clear legal basis for recognizing new states while acknowledging the political motivations behind such decisions. Lauterpacht’s Legal Doctrine: • Argued for purely legal recognition E A state should be recognized if it meets legal criteria, regardless of political factors. • the existence of a state should be acknowledged based on its fulfillment of legal requirements, • independent of external political pressures. Problem: This view ignores the reality that politics heavily influences recognition decisions. EC Guidelines on the Recognition of New States (1991): • Set legal standards for recognizing new states after the breakup of the Soviet Union and Yugoslavia. • Required states to respect territorial integrity and human rights before being recognized. Legal effects of recognition 1. international effects and Treaty compliance · - A recognized state gains full legal status in international law. Recognized states must follow international laws and agreements. are is recognized gains legal personality legal personality-ware = State can enter into Leaves , , engage in international organizations and participate in diplomatic relations state is granted the to asse is rights-fulfill its obligations under i ability treaty compliance · acognized stares are expected to comply with international - creaties to which they are parties ; recognition enhances their in it they become subjec to the same legal frameworks that govern other states = . 2 standing Domestic effects for the recognized stare Recognition helps build government institutions, such as ministries for foreign affairs, trade, and national security. Recognition opens access to international aid, investments, and technical assistance. Recognized states update laws and policies to meet international standards. structural changes- · the ocognition open leads to structural changes within recognized state as it may estabilish a flamework for governance , , legal systems and insitutions that aligh with international standars , ( ministries for foreign affairs, trade, and other functions relevant to its new international status. 7 · administrative reforms to manage new international obligations- updating laws enhancing bureaucratic capabilities and improving public , , services to meet international standars · funcional aspects and capacity of a recognized state is open inhanced it gains access to international aid investment , = improvements in infrastructure healthcare , , , education , and overall Domestic effect for the recognizing state · · privileges and immunities upon the recognized state and its agents leade registration/relations with the recognizedare Leade agreements investment opportunities and participation in economic forums , , = enhancing the economic standing of both states as and technical assistance development 3. , Variations of the ac of recognition Recognition of states and governments takes different forms, each with different legal and political consequences. Some forms grant full legitimacy, while others offer limited acknowledgment to avoid political controversy. De facto recognition - Acknowledges a state’s existence but does not fully recognize it legally; Used when recognition is politically sensitive or still uncertain. recognition- Fully legal acknowledgment that a state meets all international law criteria; Establishes a full diplomatic be sure and legal relationship. Recognition of governments-specifically applied to government rather than a a state This is significant in cases of regime changes, where a new government may seek recognition from other states. Recognition of a government can be a contentious political act, influencing diplomatic relations. Different recognition types premature recognition · - a state is consensus implied recognition · - occurs , recognized before full international often due to political reasons through actions rather than formal declarations ( Establishing trade relations or sending diplomatic representatives S conditional · recognition - depends on specific criteria being met C Ex: adherence to international law, respect for human rights, or fulfillment of certain obligations.& · collective recognition-group of states recognize a new state together , often through regional/international organizations · Withdrawal Historical Context: Confusion Over Government Recognition: Shift in Recognition: • • • The UK withdrew recognition from The UK initially recognized the Khmer Rouge regime, but withdrew from Taiwan and instead recognized the Haile Selassie was overthrown by recognition once the scale of its People's Republic of China (PRC) as the the Derg, a Marxist-Leninist military atrocities became evident. Implications: This was part of a broader diplomatic Political Ramifications: strategy to engage with China during the • Cold War. The UK’s decision reflected Cold Highlights how recognition of governments can change based on War alignments, as the Derg aligned with the Soviet Union. • legitimate government. • junta. • In 1979, the U.S. withdrew recognition Ethiopia’s monarchy after Emperor • their legitimacy and actions. Impacts on Taiwan: Shows that recognition can be • Showed how recognition is not just withdrawn if a government commits legal, but political, influenced by crimes against humanity or loses global ideological battles. credibility. Taiwan lost formal diplomatic recognition but retained strong U.S. ties through the Taiwan Relations Act. • The U.S. acknowledges China’s One-China policy but continues unofficial support for Key Lesson: Regime changes can lead Key Lesson: Recognition is not permanent Taiwan, creating a complex diplomatic to shifts in diplomatic recognition, —it can be revoked when a regime’s balance. particularly during geopolitical conflicts actions contradict international norms. Key Lesson: Recognition can be redefined like the Cold War. rather than fully revoked, maintaining strategic partnerships despite formal withdrawal. Non-recognition Non-recognition occurs when states refuse to acknowledge another state or government, often as a political stance, legal position, or diplomatic sanction. This can result in international isolation, restricted participation in global governance, and weakened legitimacy. refusal of states to acknowledge the existence/legitimacy > - of another state act of DISCOND Non-recognition can be used as a tool to pressure governments or delegitimize authoritarian regimes. non-recognition as an · signals a fundamental political/ideological disagreement legitimacy of · a over state's existence reflects geopolitical tensions human rights concerns , , ec. the EX : many countries do not recognize the legitimacy of the government of North Korea due to its · human rights abuses and lack of democratic governance. This non-recognition reflects broader geopolitical tensions and ideological divides. consequences · : Isolation restriction of one's international relations+ access resources + ability to engage in participate in global governance non-recognition as a sanction Non-recognition can prevent illegitimate governments from gaining legitimacy, forcing them to comply with international norms. · ↓ non-recognition can be used and force compliance with as a diplomatic tool to isolate a government is Rhodesia (1966, UNSC Sanctions) Namibia (South African Occupation, 1946-1990) The white minority government declared South Africa illegally occupied Namibia, but the independence from the UK without majority rule. UN refused to recognize its administration. The UN declared it illegal and urged states not to Non-recognition pressured South Africa to recognize the regime, leading to economic and withdraw, leading to Namibia’s independence in diplomatic isolation. 1990. China and Taiwan Legal Dispute : a case of selective recognition Historical Background: • 1895: Taiwan became a Japanese protectorate under the Treaty of Shimonoseki. • 1945: After WWII, Taiwan was returned to China under the Potsdam Conference agreement. • 1949: After the Chinese Civil War, Chiang Kai-shek's government retreated to Taiwan, while Mao Zedong established the People's Republic of China (PRC) on the mainland. Recognition Shift (1960s-1970s): Initially, most countries recognized Taiwan (Republic of China, ROC) as the legitimate government E UN General Assembly Resolution 2758 (1971) granted China’s seat in the UN to the PRC, leading to many countries switching recognition to Beijing. Current Situation: • China claims Taiwan as part of its territory, preventing it from gaining de jure recognition. • Taiwan has de facto independence but is only recognized by 13 countries due to China’s political pressure. • Example of Selective Recognition: The U.S. does not recognize Taiwan diplomatically but maintains strong trade and security ties through the Taiwan Relations Act. Key Lesson: Political and economic influence determines recognition, even if a territory functions as a sovereign state. Blake succession - territory political structure , happens to a state when undergoes fundamental changes ? What Continuity - succession legitimacy and · I #overinviou J) and succession legitimate successor states successor A successor state continues the legal A new state emerges, but does not personality of the previous state. automatically inherit treaties and obligations. The one that continues The legal : personality of the previous state/regime > - this involves · · un considerations historical claims governance structures · · many membership international recognition : Successor states that continue legal identity retain un + other international membership positions For example, when the Soviet Union dissolved, the Russian Federation emerged as its successor and retained the USSR’s seat at the UN. In contrast, the other republics had to apply for membership independently. rights and obligations of new states New states emerging from the collapse of a state do not automatically inherit all rights and obligations of the predecessor state. · succession rights negociations determine which creaties and obligations : The new share will which · + determining apply to the new state succession They accept examining existing agreements are obligations : new states may be bound by arrain obligations if deemed to be a continuation of the prior state in some legal sense territorial treaties and foundation agreements > - Treaties subject to succession negotiations territorial treaties · Territorial boundaries usually stay the same after state succession unless renegotiated. > - concern borders + territorial claims between states > - General rure in case of succession : maintain existing boundaries unless otherwise negotiated · political creaties Political treaties depend on negotiation—some remain, while others need new agreements. > - cover bilateral relationships between states usually concerning defense agruments > - · new , alliances , economic states must decide wheter to Partnerships reaffirm , renegotiate , or rejec ·her measures Leade > - > - agreements environmental paces > - · , human rights aguement & states adjust treaty commitments based on their foreign policy priorities Vienna Convention on the succession of states in respect of creaties guidance for succession > - · · - : Provides legal guidelines for how states should handle treaties during succession. Emphasizes negotiation and clear agreements for treaty adoption. Limited international support but remains an important reference in succession cases. , 1978 Succession to treaties in general : multilateralcreaties or regional alliances State succession affects treaty obligations, which can be inherited, renegotiated, or rejected depending on the type of succession. This applies to multilateral treaties (involving multiple states) and regional alliances that successor states may choose to continue or withdraw from. absorption and one > - merger state absorbs another or 2 states merge , open leading to continuity of legal obligations Example: Germany absorbed East Germany (1990), continuing West Germany’s legal obligations. - > - Example: Tanzania (1964) was formed from Tanganyika and Zanzibar, requiring treaty negotiations to integrate governance and foreign policy. cession of territory > - · when a state transfers land to another surrender traxies through creaties resul from war/conflic ; : require clear legal terms on governance + rights/obligations of each state · voluntary cession or · states : agree to transfer land peacefully , open for economic political reasons race cases Gerritory/land involve complex legal/political of sale of , negotiations separation > - to form new states state splits into separate envixies , requiring leavy succession agreements · Belgium-Netherlands (1830): New states negotiated separate treaties. · Austria-Hungary (1919): The empire split into multiple states, each deciding which treaties to uphold. s Finland-Russia (1918): Finland’s independence required treaty negotiations with Russia. · Norway-Sweden (1905): A peaceful separation with a legal framework for treaty succession. independent newly states lavin-american > - - approach to the post-colonial process After independence from Spain, Latin American states emphasized solidarity among newly independent states - non-intervention and self-determination. - They supported each other’s legitimacy while deciding which treaties from colonial rule to keep. Dissolution of states Soviet Union > - : , 1991 The USSR collapsed, creating 15 new states. Russia became the legal successor, inheriting the UN Security Council seat and international obligations. Legal implications: Other former Soviet republics had to apply for new UN membership and renegotiate treaties. Human rights treaties a state succession human rights obligations > - : new states may inherit human rights obligations from Their predecessor staves - Vienna Convention on Succession of States in Respect of Treaties · · - 1978 provides guidance for how states shoul inheut Iryic creaties reference for legal succession Succession with respect to non-treaty issues When a state undergoes succession, not only treaties but also property, archives, debts, private rights, and nationality must be addressed. Winna Convention on succession of states i n respect tostare property cells , 1983 , archives and : This convention provides legal guidelines on how state assets, archives, and debts should be handled when a state undergoes succession, dissolution, or territorial changes · stare property- ensures a fail division of real estate , miliary assets , and cultural properties between Successor states archives · -- covers government records legal documents and intelligence files to maintain insitutional · · ensures , , continuity transparency + access to historical impo protes the rights of successor states by ensuring the retain relevant records · pers is assers - successors must negociate financial obligations dermining who , responsible for repaying past debis E DeBrs Treaties of Sèvres & Lausanne (Post-WWI): • Established how the Ottoman Empire’s debts were distributed among successor states. • Set a precedent for handling state financial obligations after succession. Ottoman Empire Public Debt Case: • The dissolution of the Ottoman Empire sparked debates on how to allocate public debt. • Successor states had to negotiate their financial responsibilities, shaping their economic policies and international relations. archives E Historical Documents Stasi Archives (Germany, 1990): • After German reunification, the handling of East Germany’s secret police records (Stasi archives) became a major issue. Why it mattered: • Preserving archives was essential for historical justice. • Ensured accountability for past government actions. • Helped in reconciliation and transparency. Key Lesson: Archives play a vital role in governance continuity, historical accountability, and protecting citizen rights. Private rights Treaty of Craiova (Romania-Bulgaria, 1940): • Example of property transfers after border changes. • Addressed land and property rights of individuals affected by territorial shifts. • Legal complexities: Ensured citizens did not lose ownership unfairly after a state’s territorial adjustments. Key Lesson: State succession directly affects private ownership, requiring legal agreements to protect property rights. nationality Challenges: • Territorial changes affect people’s citizenship status. • Successor states must establish new nationality laws to clarify the rights of affected populations. Examples: • After the USSR dissolved, millions had to apply for new citizenship in newly formed republics. • Post-Yugoslavia, some individuals became stateless due to nationality disputes. Key Lesson: State succession requires clear nationality laws to protect citizenship rights and prevent statelessness. TERRITORY gession 10 Historical convent Eastern Greenland care , Permanent Court of International Justice , 1931-1933 The Eastern Greenland Case was a major ruling by the Permanent Court of International Justice (PCIJ) in 1933, resolving a territorial dispute between Denmark and Norway over Greenland’s sovereignty. The case set an important legal precedent in international territorial claims, emphasizing the doctrine of effective occupation. Historical Context: How Greenland Became a Danish Territory • Early Settlements (c. 1000 AD): Greenland was first settled by Norse explorers like Erik the Red around 1000 AD. These established a colony that lasted for centuries, creating early connections to European rule. • Norse Colony & Allegiance to Norway (1260): Greenland’s Norse settlements recognized the Norwegian King’s authority, establishing an early claim of sovereignty. • Danish Rule (1537-1814): After the Reformation, Greenland was governed by the Danish-Norwegian kingdom, strengthening Danish influence. • Treaty of Kiel (1814): After the Napoleonic Wars, Norway was ceded to Sweden, but Greenland remained under Danish control. However, the treaty left Greenland’s status unclear, fueling later territorial disputes. • Norwegian Independence (1905): Norway peacefully separated from Sweden, raising new questions about its historical claim to Greenland. Denmark continued administration of Greenland, reinforcing its sovereignty. The Eastern Greenland Case (1931-1933) • Ihlen Declaration (1919): Denmark’s Foreign Minister, Niels Neergaard, issued a declaration asserting Denmark’s sovereignty over Greenland. Norway did not challenge this at the time, which later played a role in the legal ruling. • Norwegian Occupation Attempt (1931-1933): Norway sent an expedition to Eastern Greenland, claiming it was terra nullius (land belonging to no one). Norway argued that since Denmark did not actively occupy the land, they could claim it. • PCIJ Ruling (1933): Denmark challenged Norway’s claim before the Permanent Court of International Justice (PCIJ). The Court ruled in favor of Denmark, stating: Norway had implicitly recognized Denmark’s sovereignty through the Ihlen Declaration. Effective occupation was key—Denmark had governed Greenland for centuries. Norway’s actions were illegal, as the land The Eastern Greenland Case remains a pivotal moment in international law, particularly in matters of territorial sovereignty. Even today, Greenland enjoys a unique status as an autonomous territory within the Kingdom of Denmark, reflecting the historical complexities of its governance and international recognition. This case highlighted the importance of effective occupation in establishing sovereignty, a principle that continues to influence international territorial disputes. Greenland’s status today as an autonomous territory showcases the ongoing implications of the historical claims and legal rulings from the early 20th century. The concept of territory What is lecitocy a - is ? defined geographical area that is recognized as belonging to a state · · · · land international waters territorial seas airspace above crucial - in concept for establishing the legal authority/ jurisdiction of states Criteria For StateHOOD · · · · permanent population defined urritory government capacity to enter into relations with other states major · components of the Legal personality capacity of entities to have rights/obligations and to be subjices of i Defining principles in is States have the right to exist within their borders without external interference. Enshrined in international treaties and fundamental to modern diplomacy. · territorial integrity - Borders are inviolable—no state can alter another’s borders by force. emphasizes the inviolability of stare borders the + right of states to exist without external interference non-interference in internal affairs · > - staves are expected toaspect the covereigny of others by framing from intervening in domestic affairs Evolution in the second part of the XX century : collective security , world heritage , human rights collective security · the un introduced collective security meaning states ac together to address , threats to peace and security · prevent unilateral action World · + promote cooperative responses to aggression Heritage uresco convention of world heritage , 1972 - highlights the importance of protecting cultural/natural heritage of global significance S reflects an evolving understanding of shared responsibility and the need for international cooperation in preserving humanity's collective heritage. Human · rights Universal declaration of human rights , 1968 - focus shifted from state Sovereignty to individual rights 2 important elements · Sovereignty ciaus - and · are have ultimate authority within their own territories free from external interference jurisdiction- authority of a state to govern its urritory apply its law + adjudicate legal matters Territory and Sovereignty Sovereignty refers to a state's supreme authority over its territory, people, and resources, while territory defines the geographical area under a state’s control. Territorial sovereigncy ↳ old french : "The only vulgar larin : "The boss How does a state exercise Sovereignty ? · · · · governance border control resource management defense and security one who rules" + a rights goblications ↓ state rights ⑳ · · of states legislate and inforce laws wilize natural resources rudy Denmark and : territory o State obligations ② · · · Case over their respect human rights follow international law maintain peaceful relations with other states Greland Denmark’s Role in Greenland: • Greenland is autonomous, but Denmark controls defense & foreign affairs. • Shows partial sovereignty, where a state governs a territory with limited self-rule. Greenland’s Relationship with the EU: • Greenland left the EU in 1985 via referendum. • It manages internal affairs but depends on Denmark for global representation. Key Lesson: Sovereignty can be shared, with some powers delegated to a larger governing state. International and national Lav International law is about interactions between states, while national law governs within a state’s borders. International law guides how states behave globally, but national law determines internal governance and policies. S 2 · international national Law governs relations between states + establishes frameworks for cooperation, international integrity and human rights interactions on law legal systems within individual stares, regulating citizens internal , businesses , and affairs reflecting Sovereignty and Domestic policies a global scale Territorial integrity Territorial integrity is a core principle of international law, ensuring that states maintain stable borders, prevent external aggression, and uphold sovereignty. It is protected by treaties, historical agreements, and legal principles that govern how borders are recognized and maintained. right of a state to maintain is existing borders - - ensure that its territory is not subjec of external aggression of fragmentation What are wa s for ? · perritorial claims > - states seezing to expand or protect their borders > - arise from disputes over land national stalgic locations identy or autonomy groups may fight for self-determination and the rightto govern > - a Themselves within specific political desire to > - territory power - gain political power/influence on a region urritorial control enhancement of geopolitical standing + power in bargaining in priciples of territorial integrity in · resources , and identity desire to assert national > - , in inviability of boeders-existing borders should not be allered without the consent of the states involved This principle is embedded in the United Nations Charter, which promotes respect for territorial integrity as vital for maintaining international peace and security. · possiberis juris uni = "as you posses" - emphasizes that newly formed states should rain the borders that existed at the time independence or stare of formation How is the concept of Territory transformed into reality ? · Bilateral agreements states often enter bilateral agreements that include burritorial clauses , with clarify The boudacies and affirm both countries' commitments to respec each other's territorial > - invequity helps prevent conflids-enhance cooperation multilateral > - creaties agreements involving multiple stares usually address territorial issues on a , broader scale - involve full or partial implementation regarding the governance ofarain areas So How to expand or loose Cerritory · aquisition-process through with a state can obtain new territous · states expanded by military conquest and colonization, but modern international law prohibits conquest colonization Historically, acquisition by force (e.g., UN Charter Article 2(4)). , · annexation A state incorporates another territory, often following conflict or political agreement. · Transfer-state creaties · sell · or Peaceful transfer of land by mutual agreement. exchange Geomorphological natural · · · States may sell or trade land, requiring international legal agreements. Changes events/disasters land reclamation · use voluntarily cedes territory to anotherrtale Earthquakes, floods, or rivers changing course can shift territorial boundaries. Countries artificially expand land into the sea, raising legal questions about sovereignty. of Force miliary intervention A state takes control of a foreign territory, sometimes leading to annexation. territory raising questions of following conflic a state may occupy a , , the rights of the local population sovereignty and · lease ↑ - one state grants another temporary rights over a territory Guantanamo Bay (Cuba-U.S.) → The U.S. controls Guantanamo Bay through a lease agreement (1903 Cuban-American Treaty). Cuba retains nominal sovereignty, but the U.S. maintains full operational control. New stares and definition of their cerretory establishing Borders > - rreaties border · decolonization = · succession , , dissolution of larger states n e w states. challenges with defining their territorial boudaries border Creaties : agreements been stares that establish and formalize borders ; include obligations for the states involved to negociate/delineate boundaries peacefully Obligations > - to Boundaries Define a procedure to define and demarcate boundaries engage i n negotiations third-party mediation > - + - avoids conflies + clarifies jurisdiction Non-stateTerritories · perra nullius - = "land belonging to used to justify the no one" - Anarrica , high reas , over space colonization of unhabited / sparsley populated Territories allowing states to claim sovereignty over lands that lacked established governance The West Sahara Case Background: • Colonized by Spain in the late 19th century. • When Spain withdrew in 1975, Morocco and Mauritania competed for control, while the Polisario Front fought for independence. UN Trusteeship & Self-Determination: • The UN considered Western Sahara a territory in transition to independence. Morocco’s Claim & Military Action: • Morocco claimed sovereignty based on historical ties. • Used military force to occupy parts of Western Sahara, leading to conflict with the Sahrawi Arab Democratic Republic (SADR) and Polisario Front. Mauritania’s Withdrawal (1970s): • Mauritania initially claimed Western Sahara, but after military losses, it withdrew its claims. Algerian Support for Polisario Front: • Algeria supported the independence movement, fueling regional tensions. ICJ Advisory Opinion on Western Sahara (1975): • The ICJ ruled that there were no legal ties between Western Sahara and Morocco/Mauritania before colonization. • Affirmed Western Sahara’s right to self-determination. Despite this ruling, Morocco continues to control much of Western Sahara, leading to ongoing disputes. All manzind territories · The High seas-lav of the sea - areas of ocean beyond the territorial seas (12 nautical miles from coastlines I that are considered international waters - > - legal framewor key principles governed by the Up convention on the law of the sea : : freedom of navigation for all States · rights to exploit resources sustainably · environmental protection · guidelines Law of outer space - able > - > - considered the province of all mankind with no nation our space is , to claim sovereignty over it legal framewor established by the Duer Space crealy of 1967 : key provisions : - : Non-appropriation of outer space or celestial bodies by any state. Encouragement of peaceful use and cooperation in space exploration. Prohibition of weapons of mass destruction in space. WAWOF THE SA The law of the sea - One of the most ancient currents in international law and the richest source of - customary international law - Short overview of the maritime safety history Maritime trade has historically been dangerous and chaotic, leading to the development of laws and regulations to improve safety, liability, and trade security. Trade, chaos, and danger in sea trade - Chaos and danger: maritime trade was risky due to piracy, unpredictable weather, and poor navigation; the vastness and unpredictability of the seas often led to chaos in trade → need of regulations to ensure safety/security The Rhodes Principle and what romans called lex rhodia de jactu Rhodes principle: - ancient greek principle - laid groundwork for maritime law by establishing rules for liability in maritime accidents, particularly regarding the loss of goods during transit Lex Rhodia de Jactu: - roman law which derived from the rhodes principle - addressed the responsibility of shipowners and crew in cases of jettison (throwing cargo overboard to save ships). - One of the earliest attempts to balance interests of merchants and shipowners Some traditionally strong maritime western nations Britain: naval dominance and maritime code - British naval code: - Established by the British Royal Navy - Series of naval codes and regulations that governed ship operation, naval warfare, and conduct at sea - Instrumental in developing naval tactics and ensuring discipline among sailors Spain: maritime law & exploration - Spanish ordinance: - Comprehensive set of maritime laws - Ordinance of 1563: regulated trade and shipping practices in the spanish empire - Laws designed to enhance maritime safety, protect spanish interests, and ensure the efficient management of naval resources - The ordinances addressed issues such as: - Navigation rights - Piracy - Responsibilities of shipowners/crew France: maritime law & naval organization - French legislation: - France established its own maritime laws through the Colbert Naval Ordinance in the 17th century - - Organized the french navy - Regulated shipbuilding - Established trade routes These laws were critical in strengthening France's naval capabilities and promoting maritime commerce, particularly during the age of exploitations and colonial expansion Basic elements of the customary law of the sea and the development of its codification The Law of the Sea has evolved through customary principles and codification efforts to regulate maritime navigation, port rights, and international maritime cooperation. The right of the flag - Principle that a ship is subject to the jurisdiction and laws of the state whose flag it flies → country of registration has legal authority over the ship, regardless of where it travels - Crucial for establishing accountability and ensuring that ships adhere to the regulations set by their flag states - Promoted lawful conduct on the high seas and establishes a framework for international maritime relations The right of the port - Authority of coastal states to regulate/control activities in their ports, including the entry and exit of vessels - includes customs, health inspections, and safety regulations - Allows port states to enforce their national laws and protect their economic interests while balancing the rights of foreign vessels under IL. - Essential for maintaining order and safety in maritime commerce Developments of codification 1. British Navigation Signaling - Establishment of a comprehensive system of navigation signalling 2. Agreement between britain and france (1848) - Britain and France entered into an agreement to mutually accept British maritime rules of navigation in order to harmonize practices between the two nations and facilitate smoother maritime operations 3. British Board of Trade (1855) - Instrumental in regulating maritime commerce and navigation - Issued revisions to maritime rules and practices, reflecting changes in technology and maritime trade 4. International Maritime Organizations (1965) - The International Maritime Organization (IMO) was established to regulate shipping and improve maritime safety globally - Develops international standards for safety, security, and environmental performance of international shipping 5. Communications Guide (1856) - Contains 78,000 combinations of signals for maritime communication - Significant step in standardising maritime signaling practices 6. Internalization of maritime law: Trends: - Internationalization - nations recognize the need for standardised rules and practices to govern the increasingly global nature of maritime trade Process of internalization and codification of the Law of the Sea The Law of the Sea evolved through history, moving from customary practices to a formalized legal framework that governs territorial waters, high seas, and maritime resources. Historical context Old rules for territorial waters - Cannon shot rule: the extent of territorial waters was defined by the distance a cannon could fire (approximately 3 nautical miles from the coastline). - Based on the practical ability to defend a nation’s shores - Scandinavian variation: in some regions, such as Scandinavia, this distance was extended to 4 nautical miles, reflecting local maritime customs and defense needs The high seas - Areas of the ocean that are not under the jurisdiction of any single nation, extending beyond national territorial waters. - Governed by international law + open to all states for navigation, fishing, and other activities - Importance: the high seas represent a shared resource, necessitating cooperative regulation to prevent overexploitation and ensure safety and environmental protection Key international conventions Geneva Convention on the Territorial Sea and Contiguous Zones (1958) - One of the first formal attempts to codify rules regarding territorial seas and contiguous zones - Established legal framework for the width of territorial waters and the rights of coastal states International Maritime Organization (IMO), Established 1948, became specialized agency of the UN in 1959 - Created in 1948, became a specialized agency of the UN in 1959 - Role: regulating shipping and ensuring safe, secure, and efficient shipping on clean oceans - Plays a critical role in the development of international maritime law, addressing issues like safety, pollution and navigational standards UN Convention on the Law of the Sea (1982) – The “Jamaica Convention” - Landmark treaty that established a comprehensive legal framework governing all aspect of ocean space, including territorial sea limits, exclusive economic zones (EEZs), and the continental shelf - Significance: represents the culmination of decades of negotiations, considered the “constitution of the oceans”. Addresses rights and responsibilities of states regarding: - use and conservation of maritime resources - Protection of the marine environment - Settlement of disputes International seabed authority (ISA) - Location: Kingston, Jamaica - Established under the 1982 convention - Function: responsible for regulating mineral-related activities in the international seabed area beyond national jurisdiction. - Aims to ensure that resources are used sustainability and equitability International Tribunal for the Law of the Sea (ITLOS) - Location: Hamburg, Germany - Established by the 1982 convention - Role: adjudicates disputes arising from the interpretation and application of the law of the sea. Serves as a forum for resolving conflicts related to: - Maritime boundaries - Navigation rights - Environmental protection Legally defined sea zones Territory in international law refers to a defined geographical area under a state’s - sovereignty, including land, internal waters, territorial seas, and airspace. It establishes - a state’s legal authority and jurisdiction over specific areas. Dional airspace + airspace ✈ & neunational - marks where sea zones Begin full sovereignty t no innocent passage . 2 zanm I2 nm Baseline 350 nm 200 nm High A Territorial internal waters sec contigous exclusive economic zones (EE2) Sea zone - - + - I eE Sovereignty FULL fer zone openfornavigation, Fitn, cerrain Sovereignty t se innocent economic control zone cerrain jurisdiction customs immigration one security jurisdiction : Plac State exclusive rights to exploit Living/non-living resources other states can navigate + lay submarine cables cannor Jurisdiction over : But exploit resources artificial islands , installations , structures Fighting sanitary regulations - & continental SHELF rich in natural resources coastal state Has But not over rights over the water seared resources column above other state can use waters above for rising ! 200 m Y- T he area I common Heritage of mankind rich in minerals + other natural resources resource extraction of must Benefit a l l mankind Internal waters Under the baseline, lakes, rivers, bays, etc. Jurisdiction - A state has full sovereignty over its internal waters → it can exercise complete jurisdiction without obligations that come with navigating in territorial waters No innocent passage - Vessels do not enjoy the right of innocent passage through internal waters - States can deny access to foreign vessels as they see fit Shared jurisdiction - In some cases, such as criminal activities occurring on board of foreign vessels in internal waters, there may be shared jurisdiction between the coastal state and the flag state of the vessel Baselines The low-water line along the coast, but it can also be modified in certain situations - Lines used to measures the breadth of a state’s territorial sea Types of baselines: - Normal baselines - typically the low-water mark along the coast - Straight baselines - used in cases where the coastline is deeply indented to where there are fringing islands. Straight lines can connect points on the coast, effectively closing off areas of water Bays Coastal indentation with a certain width - For a bay to be recognized under international law, it must be specific criteria regarding its opening and the enclosed waters Baseline for bays - 6 . Article 7, 1958 Convention on the territorial sea - a straight baseline can be drawn across the mouth of a bay, closing it off from the open sea, provided the bay’s width does not exceed 24 nautical miles Historic bays - States claim historic rights over waters that do not conform to the typical legal definitions of a bay - Often involves established historical usage that predates modern legal frameworks Island, and chains of islands Island: naturally formed area surrounded by water. - Under IL islands can generate their own territorial seas and have the same rights as mainland coastal states Chains of islands: - Determining baselines can be complex, as the configuration and proximity of islands affect the measurement of territorial waters Archipelago Group of islands, often spread over a large area of water - The legal status of these islands can complicate maritime boundary definition Baseline definitions - Convention of the law of the sea, 1982, article 47 - allowing for a baseline that encloses the islands and surrounding waters Right of innocent passage - Archipelagic waters are subject to the same navigational freedoms as territorial seas, including the right of innocent passage for vessels, reflecting customary international law principles Territorial sea Standart territorial sea limit: 12 nautical miles Historical context - Cannon shot rule: the extent of territorial waters was defined by the distance a cannon could fire (approximately 3 nautical miles from the coastline). In some regions this distance was extended to 4 nautical miles 1982 convention - Established a standard territorial sea limit of 12 nautical miles - Jurisdiction powers: the coastal state exercises full sovereignty akin to its jurisdiction over land territory (law enforcement, resource management, and environmental protection) - Criminal authority: coastal state retains certain criminal jurisdictional powers in its territorial waters Internal waters VS territorial waters - Internal waters: waters lanward of the baseline (bays, rivers) where the coastal state has complete sovereignty. More restrictive regime compared to the territorial sea - Territorial waters regime: the rights and responsibilities of states differ in territorial waters versus internal especially regarding access and passage Right of innocent passage - Allows ships to traverse a coastal state’s territorial sea, provided they do so in a manner that is not prejudicial to the peace, good order, or security of the coastal state - UNCLOS, Article 17: “ships of all States, whether coastal or landlocked, enjoy the right of innocent passage through the territorial sea.” - Underscores the principle that all nations, regardless of the geographic status, should have access to international waters Meaning of innocent passage UNCLOS, article 18 specifies that innocent passage involves: - Navigating through the territorial sea without entering internal waters (ship just moves through the territorial sea without entering internal waters) - Proceeding to or from internal waters (ship is going to or leaving a country’s internal waters or a port) Exceptions to innocent passage - Distress or force majeure: vessels may deviate from the normal conditions of innocent passage in cases of distress or force majeure, allowing them to seek refuge/assistance without penalty - Military and security considerations: the passage of warships can be more contentious, as states may impose additional conditions/restriction based on national security concerns Contiguous zone UNCLOS, Article 33 - maritime zone adjacent to a coastal state’s territorial sea - Coastal state can exercise certain jurisdictional powers beyond its territorial waters, but these powers are more limited compared to those in the territorial sea Transition zone - Transitional area between a state’s territorial sea and its exclusive economic zone Jurisdictional scope The jurisdictional powers in the contiguous zone do not equate to the full sovereignty a state exercises in its territorial waters. Instead they are limited to specific areas of enforcement: - Customs enforcement: states can take measures to prevent/punish infringement of customs laws - Sanitary regulations: coastal states may implement sanitary measures to protect public health, such as controlling the spread of diseases/pollution - Security measures: states can take actions to safeguard their national security interests, particularly in relation to the prevention of unlawful activities - Fishing protection: While the contiguous zone itself does not extend exclusive fishing rights, states can implement measures to protect their fisheries from illegal fishing activities. Geographic extent - - Maximum distance: - 12 nautical miles from the outer limit of the territorial sea - 24 nautical miles from the baseline Spatial relationship: allows states to establish a clear regulatory framework that governs activities in their adjacent water while still maintaining navigational freedoms for vessels passing through Exclusive economic zone Grants coastal states specific rights over the natural resources and certain economic activities within a define area of up to 200 nautical miles from their shores - Created by the 1982 United nations convention on the law of the sea (UNCLOS) - Response to states’ desire to manage their maritime resources beyond their territorial waters 1982 UNCLOS and the establishment of the EEZ - 1982 UNCLOS - EEZ is a maritime zone extending up to 100 nautical miles from the coastal state’s baselines - In this zone, a coastal states has sovereign rights over the natural resources in the waters - However, the EEZ is not full sovereign territory—other states still have freedoms of navigation and overflight. Article 56 of UNCLOS: rights/ jurisdiction of coastal states in the EEZ Sovereign rights - the coastal state has exclusive sovereign rights for: - Exploring, exploiting, conserving and managing natural resources in the waters, seabed, and subsoil. Include living resources and non-living resources - Activities related to economic exploitation and exploration such as energy production form waters, current, and wind Jurisdiction - the coastal state has jurisdiction over: - Artificial islands, installations, and structures (oil platforms, wind turbines, artificial reefs) - Maritime scientific research: regulate scientific research, ensuring that research activities comply with its interests/legal requirements - Protection and preservation of the maritime environment Other rights/duties: - Responsibilities related to the security, conservation, and sustainable use of their EEZs High seas freedoms (article 87) within the EEZ Ensures that certain freedoms traditionally associated with the high seas also apply in the EEZ. These include: - Freedom of navigation: ships from other countries retain the rights to pass through the EEZ - Freedom of overflight: aircraft from other states may fly over the EEZ without requiring permission from the coastal state - Laying of submarine cables/pipelines: Other states may lay undersea cables and pipelines in the EEZ, subject to certain conditions and regulations imposed by the coastal state. Balancing national interests and international law EEZ’s creates a balance between: - Coastal state’s desire to protect/exploit maritime resources - The international community’s need for free movement in the oceans Continental shelf Submerged land that extends form a country’s coast into the ocean, characterized by shallow waters, and often rich in natural resources such as oil, gas, and minerals - Established by the 1958 geneva convention in the continental shelf + 1982 UN convention on the law of the sea - Defines rights of coastal states over these areas, distinguishing them from the EEZ and other maritime zones Physical and legal definition of the continental shelf Physical nature: - The seabed and subsoil extending from a coastal state’s landmass into the ocean - Depth of 200 meters or further if the slope is gradual Legal definition (Article 76, UNCLOS, 1982): - The continental shelf is the seabed and subsoil of the submarine areas that extend either: - The outer edge of the continental margin (natural prolongation of a state’s land territory) - The distance of 200 nautical miles from the coastal baselines but udand to 350 can Rights of coastal states over the continental shield The continental shelf regime grants coastal states specific rights/responsibilities, primarily over the seabed and subsoil of this zone, even if it extends over the EEZ. These rights include: > - only on the seabed , not the waterwhumn 1. Sovereign rights for resource exploitation Coastal states have exclusive rights to explore.exploit the natural resources found on the beneath of the continental shelf. - Exclusivity: no other state can undertake exploitation.exploration without the consent of the coastal state 2. Construction of structures Right to build installations, structures, and artificial islands for the purposes of: - Resource extraction - Scientific research - Other economic activities According to the 1982 convention, these structures are not considered legal islands, meaning they do not expand the country's maritime borders. - The sovereignty of the coastal state extends 500 meters around such installations, allowing for protection/control of the area 3. Non-exercise rights Even if a state chooses not to exploit its continental shelf , its rights remain intact and no other countries may conduct activities there unless the state authorizes it EEZ VS territorial waters/continental shelf Exclusive economic zone - EEZ - governs the water column - allows the coastal state to manage both living and non-living resources - 200 nautical miles from state's shores Continental shelf - only the seabed and subsoil - Only non-living resources - 200 nautical miles limit, with the continental margin being able to extend to 350 nautical miles from the baselines - Legal states of the overlying waters/airspace above the continental shelf is not affected. Seabed exploitation and payments to the international seabed authority The Seabed Authority oversees the exploration/use of resources in areas beyond national jurisdiction, ensuing that countries exploiting extended continental shelves contribute to broader international interests - Payments to the international seabed authority (SEA): If a coastal state exploits its resources beyond 200 nautical miles, it is required to make payments/contributions to the international seabed authority. - Mechanism that ensures that the benefits of seabed exploitation in these areas, which are seen as part of the "common heritage of mankind”, are shared globally Key legal principles Inherent rights - States’ rights over the continental shelf exist automatically under international law - The state does not need to declare/occupy these areas for these rights ot be recognized No impact in overlying waters - The legal status of the water column above the continental shelf (including fisheries or navigation) remains part of the high seas, even if the coastal state controls the seabed and subsoils Exclusive control over exploitation - Other states can exploit the continental shelf's resources with the explicit consent of the coastal state Maritime delimitation in international law Maritime delimitation is the process of legally defining the boundaries between adjacent or opposite coastal states’ maritime zones. It determines who has rights over waters, resources, and jurisdictional control in overlapping areas. When 2+ coastal states share adjacent/overlapping maritime zones, there must be an agreed legal framework for using the waters and resources in order to avoid conflicts over: - Fishing rights - Oil and gas exploitation - Territorial sovereignty However, delimitation can be a complex process: - Geography is irregular → coastlines, islands, and natural formations make straightforward division difficult. - Political & economic interests → States often want more resources, security, or strategic access. - Equity is not always possible → Some states have longer coastlines or geographic disadvantages. Key legal principles Courts and international bodies have developed principles to help guide delimitation decisions. 1. Encroachment/intrusion on another state's maritime area should be avoided - A state should not extend its maritime zone in a way that unfairly limits another state's access to the area 2. Coastal configuration matters 54 3. Coastline length can create imbalances 4. The presence of islands can impact boundaries - 5. Security considerations are case-by-case 6. Fisheries resources are handled carefully 7. Past conduct and existing agreements matter International seabed Crucial zone in global maritime law/governance, attracting attention from coastal states and the broader international community due to its potential wealth of resources and its status in the "Common Heritage of Mankind”. - "The Area” UN declaration on the governing principles of the seabed, 1969 - Emphasizes that the resources in the seabed and ocean floor beyond national jurisdiction do not belong to any single nation but are shared and managed for the benefit of all humanity Why is the international seabed important? The seabed is an area rich in mineral and other valuable natural resources. It lies beyond the continental shelf and the Exclusive Economic Zones of coastal states, falling under international jurisdiction. This region has garnered interest for several reasons: Mineral wealth Contains significant deposits of valuable minerals that are critical for modern technology - It holds an estimated 67% more minerals than terrestrial sources, making a promising area for future resource extraction as land-based reserves become depleted or more difficult to access Strategic and economic interests It represents a new frontier for resource extraction, especially for countries with advanced mining technologies + those that rely heavily on minerals for economic/industrial purposes - Countries with technological capabilities to exploit these resources will hold significant influence in the global economy → growing recognition of the geopolitical and strategic importance of controlling/participating in seabed activities Environmental and scientific value Has specific marine biodiversity and ecosystems that are not only fascinating from a scientific perspective but also may contain biological resources valuable for biotechnology/pharmaceutical industries. The 1969 UN declaration and the "Common Heritage of mankind”principle Established the notion that the seabed and ocean floor, along with the subsoil beyond national jurisdiction, should be considered the "Common Heritage of Mankind". Meaning that: - No state can claim ownership/sovereignty over these areas - Resources should be shared equitably among all nations, particularly benefiting developing countries - The seabed must be governed under international law, ensuring peaceful and sustainable use with consideration for all of humanity's interests Provisions in the UNCLOS, 1982 Most comprehensive legal framework governing the seas and oceans, including provisions for the management and exploitation of the seabed. These provisions include: - Part XI of UNCLOS - Defines the seabed as a global commons - Establishes that all activities must be conducted for the benefit of all countries, specifically the needs and interests of developing states - International seabed authority (ISA) Based in Kingston, Jamaica, established in 1996 under UNCLOS to regulate all mineral-related activities in the area. ISA is responsible for: - Granting licences for exploration/exploitation of seabed resources - Ensuring that activities in the area do not cause environmental harm - Promoting scientific research +sharing benefits, especially with developing nations - Overseeing seabed mining operations + setting the framework for payments/royalties that benefit the international community - Environmental protection and sustainable use UNCLOS also includes provisions to ensure the protection of the marine environment, particularly in areas beyond national jurisdiction. - Requires states to prevent pollution + minimize the impact of mining and other activities on fragile marine ecosystems - Precautionary principle: if an activity could cause harm, it must be regulated or stopped Why did the US not join UNCLOS? Despite their many concerts, the US still follows many UNCLOS provisions as customary international law and participates in ISA meetings as an observer. Concerns over seabed mining provisions - The US opposes the rule that mining profits must be shared with developing nations, arguing that the redistribution of profits was unfair and disincentivized american companies from investing Sovereignty concerns - The US wants to maintain control over its own mining operations - UNCLOS could impinge on its sovereignty, particularly regarding the need for US companies to comply with ISA regulations for deep-sea exploration Geopolitical and strategic concerns - The US fears that UNCLOS could limit its military and commercial freedom in international waters - It has strategic interests in maintaining freedom of navigation and avoiding multilateral treaties that might limit its power/control on its own resource exploration activities High seas Areas of the ocean beyond national jurisdiction, meaning no single state has sovereignty over them. Evolution of the high seas concept - Res nullius = belonging to no one → legal frameworks such as the 1958 Convention of the High Seas established regulations for navigation, resource use, and environmental protection Mare Liberum ("freedom of the seas") VS Mare Clausum ("closed seas") This freedom remained unchanged until the 20th century, as technological advancements and geopolitical competitions brought more disputes over resource exploitation, which led to the creation of legal frameworks. Previously, states exercised little control over activities beyond their territorial waters, but as potential resource extraction grew, states began asserting rights beyond their coastlines. The 1958 Geneva Convention on the High Seas - legal definition of the high seas: as all parts of the sea that are not included in the territorial waters or internal waters of a state - Upheld the freedom of the high seas, including the right to: - Free navigation by all states - Freedom of fishing, laying submarine cables and pipelines, and conducting scientific research Jurisdiction in the high seas: exclusive to the flag state A ship on the high seas is subject to the exclusive jurisdiction of its flag state, meaning that only the country under whose flag a ship is registered can enforce laws upon it, inspect it, or take legal action against it. Flag of convenience Issue that raises when ships are registered in countries that have weak regulations to avoid stricter laws. - While a ship can operate globally, the flag state may lack the capacity/will to regulate it efficiently Genuine link between the state and the flag There should be a genuine link between the flag state and the ship, implying that the state has sufficient oversight/control over the vessel. However, the concept remains vague and poorly enforced and ships register under flags of convenience to evade accountability. No flag - no rights If a vessel is not flying any flag, it is considered a stateless ship and it has no legal protection under international law. These ships are vulnerable to being boarded and inspected by any state and they may face severe consequences Collisions on the high seas In the case of collision between vessels on the high seas legal action often is handled by the flag state ship responsible for the incident - International Regulations for preventing Collisions at Sea → establishes navigational rules to prevent such accidents Exceptions of the jurisdiction of the flag Right of visit Warships and state ships have the right to stop and inspect foreign vessels on the high seas under certain circumstances. A warship of any state may exercise the right of visit if it suspect that a vessel is: - Engaged in piracy - Engaged in slave trade - Engaged in unauthorized broadcasting - Sailing under a flag of convenience or without nationality - Disguising its true nationality by flying a false flag Hot pursuit a coastal state can pursue and apprehend a foreign vessel that has violated its laws in its territorial waters, EEZ, or contiguous zone, and continues to flee to the high seas. Slavery vessels suspected of engaging in the transport of slaves/human trafficking may be intercepted/inspected by warships of any state, regardless of their flag. Piracy illegal acts of violence, detention, or depredation committed for private ends by the crew/passengers of a private ship or aircraft on the high seas. Any state may seize a pirate ship/aircraft, arrest the people on board, and bring them to trial Unlawful broadcasting transmission of radio/television from ships on the high seas without the authorization of any state, which can interfere with communications, violate intellectual property rights, and disrupt airwaves. Any state can seize and prosecute a ship engaged in unauthorized broadcasting Pollution The discharge of pollutants into the seas—whether oil, plastics, hazardous chemicals, or radioactive waste—can have significant transboundary impacts on marine ecosystems and coastal states. States have the right to intervene against vessels suspected of violating environmental protection regulations Nuclear ban treaties and legal cases Nuclear testing on the high seas is an issue that has been a major source of contention. Nuclear test ban treaties - Partial Test Ban Treaty (1963) prohibited nuclear tests in the atmosphere, outer space and underwater, to prevent radioactive contamination of the high seas International straits Straits are narrow waterways that connect two larger bodies of water, often used for international navigation. Some major straits, like the Bosphorus, Dardanelles, and Strait of Hormuz, are critical for global trade and military strategy. Historically , states controlled straits near their territory, often leading to wars and conflicts over navigation rights. The construction of the international canals, such as Suez and Panama, changed the perspective. Regulation of the straits become central to the law of the sea - The Montreux Convention (1936) introduced special navigation rules for the Bosphorus & Dardanelles. - UNCLOS, 1982, Part III - Straits are waterways used for international navigation that connect parts of the high seas or Exclusive Economic Zones (EEZs). - Ensures “transit passage” rights, meaning all ships and aircraft can pass freely. - Exceptions: - All ships & aircraft can pass through straits freely, as long as they do not stop or interfere with the coastal state’s security. - Ships and planes must continuously & expeditiously pass through, without delays or unauthorized stops. Exceptions to transit passage If there is another alternative route through the high seas or an EEZ, that is equally convenient for navigation, then the strait may not be required for transit passage and ships might be directed to this route instead. Landlocked countries Landlocked countries—states that have no direct access to the ocean—face unique challenges in trade, navigation, and maritime rights. However, international law grants them certain rights to ensure access to the sea and equitable resource distribution. Can landlocked states have a fleet and right to a flag? - Yes, ships from landlocked states operate under "flag of convenience”, meaning they fly their national flag while using foreign ports Landlocked states, transit states and the right of transit - “Transit states” are coastal countries that allow landlocked states to access the sea. - Landlocked states have the right of transit through these countries to reach ports and engage in maritime trade - Coastal states must facilitate transit access, but they also have the right to ensure that it does not harm their interests. Legal basis: - UNCLOS (1982, Article 125): Grants landlocked states the right of access to and from the sea for maritime freedoms and economic participation. Key points: 1. Landlocked states have the right to access the sea through transit states 2. Transit must be negotiated bilaterally/regionally between landlocked and coastal states 3. Coastal states retain sovereignty and can regulate transit to protect their national interests Equitable access to resources Landlocked states are entitled to share ocean resources, but their access depends on international agreements. Surplus resources of coastal states - If coastal states do not fully exploit their fish stocks, landlocked states may claim a share through negotiations. High Seas & Seabed - The high seas and deep seabed beyond national jurisdiction are considered the “common heritage of mankind”. - Landlocked states can participate in mining, fishing, and economic activities in these areas. Dispute settlement Dispute settlement in international maritime law is essential for resolving conflicts between states, organizations, and private entities regarding the interpretation and application of the UN Convention on the Law of the Sea (UNCLOS). What is the applicable law and what tribunal should be approached? - The primary legal framework is the United Nations Convention on the Law of the Sea (UNCLOS, 1982). - Additional treaties or customary international law may also apply. - Different tribunals and dispute resolution mechanisms exist, but one of the main bodies is the International Tribunal for the Law of the Sea (ITLOS). International tribunal for the law of the sea What is ITLOS? - independent judicial body established under UNCLOS. - Based in Hamburg, Germany. - Composed of 21 judges, elected by States Parties to the convention. Jurisdiction of ITLOS (Article 21, Statute of the Tribunal): - Handles disputes about UNCLOS interpretation & application. - Covers all matters in any agreement that gives it jurisdiction. Who can submit cases to ITLOS? - States Parties to UNCLOS (Countries & international organizations that signed the convention). - Non-State Entities: - Countries or organizations that are not UNCLOS members but accept ITLOS jurisdiction for a specific case. Jurisdiction Principles and Concept of Jurisdiction Jurisdiction → the authority of a state to enforce laws, resolve disputes, and apply justice - Fundamental aspect of state sovereignty Key principles 1. State jurisdiction = exercise of sovereignty → a state has full control over laws within its own territory 2. Non-intervention principle → one state cannot interfere in the internal affairs of another 3. Territorial sovereignty and jurisdiction → a state controls everything within its borders (land, air, and territorial waters) a. But some exceptions exist (look below) 4. Jurisdiction beyond borders → some legal principles extend beyond territory based on nationality, flag jurisdiction (ships, aircraft under a state’s flag), or criminal acts affecting a state’s interests When does a state lose jurisdiction? 1. Diplomatic immunity → foreign diplomats are not subject to local laws 2. Military bases and embassies → some areas are under special agreements Public vs. Private International Law in Jurisdiction Public international law → defines which state has legal power over a case (state vs. state) Private international law → determines which country’s law apply to individuals/businesses in cross-border situations - Role of private international law → helps determine which country’s laws apply in cross-border disputes Legal principles in private international law: 1. Lex rei sitae → law of location of property 2. Lex domicilii → law of a person’s residence 3. Lex fori → law of the court hearing the case 4. Lex loci contractus → law where a contract was signed 5. Lex loci delicti commissi → law of where a crime occurred Domestic Jurisdiction > - state has full legal authority within its own territory A state has supreme power over its internal matters without external interference - This principle is based on state sovereignty in international law Key Legal Foundations: 1. Article 2(7) of the UN Charter → the UN cannot intervene in domestic affairs of state a. Exception: if there is a threat to peace, aggression, or serious breaches of human rights, intervention is allowed under collective security 2. International law limitations on domestic jurisdiction → human rights, delimitation and territorial disputes (must follow international law principles) 3. Collective security and peace enforcement → when domestic actions threaten international peace, the UN can take action When can domestic jurisdiction be challenged? - If a state violates human rights - If a state threatens global peace - If international laws require cooperation (maritime boundary disputes) Legislative, Executive, and Judicial Jurisdiction Jurisdiction is divided into three branches: 1. Legislative jurisdiction (law-making) a. Parliament, congress, national assembly 2. Executive jurisdiction (law enforcement) a. Government and administrative bodies 3. Judicial jurisdiction (law interpretation and adjudication) a. Courts and judges and application b. Court rulings and judicial decisions Civil Jurisdiction > - governs private disputes The legal authority of courts to hear and decide non-criminal cases - Covers disputes between individuals, businesses, or organizations What cases does civil jurisdiction cover? 1. Contracts and business disputes → lawsuits over agreements and commercial transactions 2. Property rights → disputes over ownership, leases, and real estate 3. Family law → divorce, child custody, and inheritance cases 4. Torts and liability → personal injury, negligence, and damage claims Civil Jurisdiction in International Cases Different countries have different rules on how civil jurisdiction applies to cross-border cases - Leads to conflicts of law when multiple legal systems are involved How is international civil jurisdiction determined? 1. Where the defendant is located 2. Where the contract was signed or preformed 3. Where the damage or dispute occurred 4. Nationality and domicile of the parties Criminal Jurisdiction > - prosecution of crimes Determines which country has the legal authority to prosecute crimes - Involves territorial laws, nationalities, and extraterritorial principles Key principles 1. Territorial jurisdiction → a country has the right to prosecute crimes committed within its borders a. Lotus case (France v Turkey 1927) → court ruled that states can prosecute crimes even if they happen outside their territory (as long as the crime affects them) 2. Nationality Principle → a state can prosecute its citizens for crimes committed abroad a. Based on the 1930 Hague Convention on Nationality Laws 3. Nottebohm Principle → defines meaningful connection between a person and a state a. Nationality can be based on i. Ius soli → right by birth in a territory ii. Ius sanguinis → right by bloodline nationality is inherenced , b. Issues with dual nationality and residency laws from parents 4. Extraterritorial jurisdiction → some crimes can be prosecuted even if Z - focuses on threats to committed outside a country’s borders (terrorism, piracy, war crimes) state's interests a. Countries claim universal jurisdiction for severe crimes (genocide, crimes against humanity) 5. Passive Personality Principle → it allows a country to prosecute foreigners if they commit crimes against its citizens, even outside its borders (controversial) a. Some countries argue this violates sovereignty by allowing states to on attas focuses against extend their legal reach the share 6. Protective Principle → allows a state to prosecute crimes committed abroad if inself they threaten national security covereignty, or vital interests , a. Terrorism and counterfeiting 7. Universality principle → certain crimes are so severe that any country can prosecute them regadess of - , where they were commited a. War crimes and genocide who commited them b. Crimes against humanity who the victims are c. Piracy Pillars of the Universal Jurisdiction Universal jurisdiction → allows any state to prosecute serious international crimes, regardless of where they were committed or the nationality of the perpetrators or victims 1. Nuremberg Charter → established after WWII to prosecute nazi war criminals a. Recognized crimes against peace, war crimes, and crimes against humanity b. First recognition of universal crimes 2. Geneva Conventions a. Established laws of war (treatment of prisoners, civilians, and the wounded) b. States have an obligation to prosecute serious violations 2. International Law Commission Draft Code a. Defined crimes against peace and security of mankind i. Reinforced the legal basis for universal jurisdiction 3. Statue of Rome → International Criminal Court (ICC) a. Established the international criminal court to prosecute individuals for genocide, war crimes, and rimes against humanity Treaties that provide Universal Jurisdiction 1. UN Convention Against Torture → requires states to prosecute or extradie individuals accused of torture 2. UN Convention on the Safety of UN Personnel → protects UN staff and peacekeepers from attacks 3. Tokyo and Montreal Conventions → criminalized hijacking of aircraft and vessels under universal jurisdiction Extradition The legal process of transferring a persona accused or convicted of a crime from one country to another for prosecution or punishment - Applies when a person has fled or is residing in a foreign country Key Legal Aspects 1. Bilateral agreements are required → no universal obligation under International customary law to extradite criminals, so it is only possible if a treaty exists between the countries 2. Principles that apply in extradition cases a. Dual criminality → crime must be legal in both countries b. Human rights considerations → countries may refuse extradition if the suspect faces torture, death penalty, or unfair trails c. Judicial system compatibility → legal system must be similar to ensure fair treatment 3. State discretion in extradition cases → even if a treaty exists, a country can still refuse extradition on a case by case basis a. Political, human rights, or diplomatic concerns can influence decisions Extraterritorial Jurisdiction Extraterritoriality = a country’s laws can apply outside its borders in certain cases - International law allows extraterritorial application if there is a sufficient link between the situation and the enacting state US Effects Doctrine → if an action affects US interests, companies, or citizens, US law may apply Key US Laws with extraterritorial effect 1. Alien Tort Statute → allows foreign nationals to sue in US courts for human rights violations committed abroad 2. Trading with the Enemy Act → restricts trade with countries deemed enemies of the US 3. Helms-Burton Act → penalises companies doing business with cuba, even if they are not based in the US Israeli Approach → effects doctrine and passive personality (jurisdiction over crimes affecting israeli nationals) Immunities from jurisdiction Immunities in international law → protect states, diplomats, and officials from being subject to foreign legal systems - Ensure that one country’s officials and interests are not unfairly prosecuted or interfered with while operating in another country Historical reason: 1. Purpose → historically developed to protect persons, missions, and interests of one country in the territory of another a. Messengers and envoys had to be protected so that they could safely communicated between rival states without fear of arrest or execution in medieval times b. Today applies to heads of state, diplomats, and international organizations Legal Principles: 1. All states are equal (horizontal nature) in international law a. Immunities exist as an expression of this equality → no state has the right to judge or interfere in the affairs of another sovereign state 2. Without immunities, international relations would be unstable because governments would be able to prosecute foreign leaders or diplomats for political reasons Absolute Sovereignty Theory > - state is enviled to full immunity , activelya regardlessof All acts of a state in the territory of another state are not subject to the domestic jurisdiction of that state → a state remains immune from legal action in foreign countries when carrying out official government functions - If foreign diplomats commit a crime, their home country decides how to handle it, not the host country - Argues that states should never be subject to foreign jurisdiction - Justifies diplomatic and state immunities *an extreme view and has been challenged in modern international law → this theory suggests that a state can do anything within another state’s territory without facing local legal consequences - Modern law has created exceptions (war crimes) Restrictive Theory of Immunity - Modern approach to state immunity States should not have absolute immunity when engaging in commercial or private activities in another country Key principles: 1. A state should have immunity only for official governmental actions (jure imperii) 2. A state should not have immunity for commercial or private activities (jure gestionis) a. Absolute sovereignty theory was creating unfair advantages since a foreign state could act like a private company without getting sued (immunities exist to protect sovereignty, not to give unfair privileges) > - prevents foreign states from having unfair advantages in local economies State Representation and Commercial Interests of State The two ways a state can act in another country: 1. When a state acts in its sovereign capacity → includes official government functions (embassies, military operations, diplomatic missions) a. These are protected by immunity under international law 2. When a state engages in commercial activities → a state acts like a business, so it is not performing a sovereign function a. Not immune and can be subject to the jurisdiction of the local courts b. The absence of a treaty would make commercial activities subject to local legal systems Other Restrictive Regimes in State Immunity Some legal systems further limit state immunity → private contracts, employment disputes, human rights violations, and property issues private entity Situations where a state loses immunity: 1. Legal disputes of private nature (contracts and finance) ↑ > - acts as an individual, nota a. Supplying services (hiring private contractors) sovereign power b. Loans and financials agreements (borrowing money from private banks) c. Intellectual or industrial property (patent disputes) 2. Employment disputes > - hires local employees - has to follow local labor laws a. In some legal systems, employees hired by foreign embassies, consulates, or state-owned enterprises can sue their employer in local courts i. Some courts are allowing local labor laws to override diplomatic immunity in employment cases 3. Human rights violations and torture sason is does not shild immunity > - a. If a state or its officials is involved in torture, war crimes, or crims against humanity, immunity does not apply i. Geneva v Hannibal Gaddafi Case 4. Property issues > - private landowner not a covereign , state a. If a foreign gov is involved in a property dispute (inheritance cases, trust management, or real estate ownership) it can be subject to domestic legal jurisdiction 5. Administrative regulations and traffic violations a. European judicial practice allows states to be held accountable for administrative matters such as traffic fines for diplomatic vehicles and regulatory violations (building permits, taxation issues) Immunities and Crimes Against Humanity Human rights vs. state immunities: 1. Crimes against humanity → prosecuting heads of state or officials remains controversial Universal Jurisdiction Theory → a new legal approach suggesting that some crimes are so serious that any state should be able to prosecute them, regardless of where they happened Challenges in Enforcing Justice: 1. Diplomatic and political issues a. states often refuse to extradite former or current officials b. Governments may resist trials that target their leaders or allies 2. Legal barriers a. Some courts still recognize immunity for sitting heads of state b. International legal enforcement relies on cooperation, making trials difficult Who qualifies for state immunity? I ho to determine an entiet qualifies for immunity One of the key global debates in international law is determining which entities count as “state bodies” and are entitled to sovereign immunity Must meet the following requirement → it must be a part of the official political government or a legally defined state structure - Some cases are not as clear-cut → courts may decide case by case whether their actions fall under governmental function or commercial activities When is immunity uncertain? 1. Cultural institutions and foreign aid agencies → state-funded cultural institutions (British Council) 2. Federal governments → international law mainly recognizes national governments, but some courts allow immunity for federal states in certain cases (texas or bavaria) shouldsubnational entities have immunity ? International Conventions on State Immunity 1. European Convention on State Immunity 1972 a. Provide guidelines for state immunity within Europe b. Allows exceptions for commercial transactions 2. UN Convention on Jurisdictional Immunities of States and Their Property 2004 a. Aims to standardize rules worldwide b. Establishes when a state can and cannot claim immunity *Before, if an entity was connected to the state, it had automatic immunity. Now, courts analyze whether the entity performs governmental or commercial function before granting immunity f ae varionpersonae-headoi Heads of State and Government Officials state-they granted immunity - Customary international law grants heads of state immunity while in power ↳ - They cannot be prosecuted in foreign courts for their actions when they leave the office they - Some doctrines limit this immunity will may have funcional immunity - Only applies during the official term for official acts - Once they leave office, they lose this protection - Gov officials can be prosecuted for genocide, war crimes, and crimes against humanity *after office, heads of state can be prosecuted for crimes committed in power a are , Legal Precedents 1. Statute of Rome 1998 - International Criminal Court (ICC) a. Allows prosecution of heads of state for crimes against humanity 2. Nuremberg Tribunal 1945: Nazi trials a. Established that official position does not protect individuals from responsibility 3. International Tribunals for Yugoslavia and Rwanda a. Prosecution of leaders involved in war crimes and genocide Waiver of Immunity and Immunities of Execution Waiver immunity → occurs when a state voluntarily gives up its legal protection and allows itself to be sued in a foreign court (allows a lawsuit) - Waiver must be explicit and the declaration must be made by a legitimate awhowy - A waiver before a tribunal does not mean a waiver of execution immunity (protecting state assets)→ its assets may still be protected from enforcement actions - Immunity before tribunals concerns lawsuits - Immunity from execution can only be waived explicitly by a legitimate authority (protects state assets) How is execution handled? - In civil matters, enforcement of a judgement against a state typically requires negotiations between the two states - Courts often cannot unilaterally seize foreign state assets without explicit permission Relevant Legal Frameworks: 1. European Convention on State Immunity a. Establishes rules on when a state can be sued in foreign courts b. distinguishes between sovereign (immune) and commercial (non-immune) acts 2. United Nations Convention on Jurisdictional Immunities of States and Their Property a. Defines the conditions under which state property is protected from seizure b. Recognizes that states may waive immunity but still retain asset protection immunity before Tribunals immunity from - prods execution-protects a share from being sued in a state's assels if it loses the case forign courts from being seized urn ↳ Pur lUTERNATIONAL LAW Different scholars use · · · - AND NATIONAL LAW PAG 2 terms to describe the internal legal system of a country Municipal Law-Shaw National Law-Evans Domestic Law-Dixon Montesquieu's docrine of separation of powers divides state power into 3 branches 1. Before Legislative /makes the laws) . . 2 executive /carries our the laws) . 3 Judicial (interprets the laws) : : Are International and National Dav one body and soul ? Monist Theory - is and M the on Dualist Theory are seen as one single system , where it norms prevail national il and M- Two separate legal spaces-the interaction between - them should be subject to strict regulation by the national legal system THIND Parh (vaciation of dualism) denial of - one operates on its own level within THeOrY view on il and M main superiority of book systems-each as , they book exist legal orders idea implications - MONIST DUALIST THIRD PATH il and M are a system unified 1 and M are separate ↳ noims automatically apply within national systems is needs to be incorporated It prevails over M without needing systems into M to have legal effect M regulares how it applies 11 and NL are + but both systems arrist and It should be applied neither is superior operate independently , no approval from M automatic effect domestically but through , mechanisms that respect M Legal machinery to implement international obligations in National LegalSystems · Disc application > - some countries allow international treaties/ obligations to be directly applied in M once catified (parliamentary procedure) - · these obligations automatically overside conflicing national laws By adopting national legislation > - instead of direc application , some countries pass new national laws to match their international commitments the > - goo draps a bill-in goes through the legislative process-becomes . enforceable domestically ensures domestic laws reflects the commitments made at the international level The US Case: How US foreign policy is conditioned by the US constitution? • Supremacy Clause: Article VI, Clause 2 of the Constitution states that the Constitution, federal laws, and treaties made under its authority are the supreme law of the land. This means that ratified treaties can supersede state laws and may also affect federal legislation. • Treaty Power: The Constitution grants the President the power to negotiate treaties, but requires the advice and consent of the Senate (two-thirds majority) for ratification. This dual role establishes a balance between executive and legislative branches in foreign policy. National law rules' cole in I Sienna Convention on the Law of Treaties Articles 21E46 - , - states and use national law to excape international obligations > - ifa state needs to change its national laws to meet international obligations must do something-if national legislation is inconsistent with state must amend its laws > - national law or a , katy it , the face legal consequences internationally helps define terms used in it and can serve as evidence in international cases InternationalLave obligations before national cours judicial system : · Automatic adoption > - if there's no rule in M saying otherwise national cours , it can automatically be used in > - is is treated as a valid legal source inside the country without needing a special law to being it in · Transformation Doctrine > - > - is does not automatically become part of national law a cules in country must pass a specific national law to apply international its cours - until that happens , cours cannot use is rules , even if the country agreed No them Executive Certificate (UK) & Exequatur (Continental Europe) These are formal tools to confirm or enable the application of international law: • Executive Certificate (UK): A UK government document certifying that an international rule is valid domestically. • Exequatur (e.g., Spain, Italy): A domestic court authorizes the enforcement of a foreign tribunal’s decision as if it were its own. L Be COULD more complete STATE RESPONSIBILITY Stace responsibility is a fundamental principle of is arising our of the nature of the , international legal system and the docines of sale sovereignty and equality of states The Marrommaris Case What it’s about: • A Greek national, Mavrommatis, received concessions from the Ottoman Empire in 1914–1916 to develop infrastructure (electricity, water, trams) in Jerusalem and Jaffa. • After WWI, when Britain took control of Palestine, it refused to recognize these concessions. • Mavrommatis couldn’t proceed with his projects, leading to a diplomatic dispute. Key Legal Issue: State Responsibility & Rights of Aliens • Mavrommatis initially tried domestic channels, but Greece took over the case at the international level (PCIJ), asserting the rights of its national were violated. This elevated a private grievance to a state-to-state dispute. Legal Principles: 1. Expropriation is not unlawful per se – it can be legal if: • Done for public purposes (e.g., wartime defense) • Accompanied by effective compensation 2. • • Nationalisation vs. Expropriation: Nationalisation of a whole sector (e.g., electricity) is also legal if compensation is paid. If there’s no compensation → violation of international law. 3. • • • • • UN Resolution GA1803 (1962) reinforced: States have sovereignty over natural resources. Foreign property can be nationalized, but must be: Justified (public utility, national interest) Followed by appropriate compensation Settled via national courts or international arbitration if contested. Why it matters: This case set early precedents in international investment law and diplomatic protection, showing that: • A state can bring a case on behalf of its national. • International law protects private property from arbitrary expropriation by foreign states. Rational and nature of state responsibility state is a There's a 1. 2 internationally responsible when . an : binding international obligation violates it and is imputable to the state ac of omission damage/loss occurs du to that act . 3 The unlawfull ac - 1. is defines whats unlawful Types of responsibility (the question of fault) > - Risk Theory-stric liability-state is responsible once an , unlawfull ac happens regardless of the intent - Fault Theory - rubjective responsibility requires intent (dolus) or negligence (culpal to - be proved . 2 Impurability /attribution ( > - states are · · : ans directly commited ads commited - - · responsible for by people related to the stare must show link to the state includes executive utra vires their by a state acs I , legislative judiciary , , armed focces , federal units beyond legal authority) of organs and officials-ac beyond authority and make errors state control and responsibility-applies when private actors ac under instructions · directives mob violence E civil unrest · can - > - > - > - 9 - caused by mobs , bels , or cirl was-save be liable if is fails to exercise due deligence Circumstances 3 . effective control of the share , precluding wrongfulness consent-ads done with the affected state's permission countermeasures-legal responses to prior unlawfull acs Iexcluding use of pouce) foc majeure-unforseeable/incesisible events necessity - only to protec essential interests Invocation of responsibility . > - Artic 42 ilC , · states can invoze the responsibility of another stare · designed to protec the interests of a state or Consequences of internationally wrongfes acs Types of damage E reparation (Browlie's distinction ( · · · beach of duty - violation of legal obligations injury harm resulting from that breach damage - actual material/moral loss of the international community 1st step in response toa wrongful ac ac must be stoped > - and step : : CESSATION immediately once recognized as unlawful REPARATION The responsible state mus make full reparation for the injury caused - , including both material and moral damage > - forms of eparation · · · · : declaration of judgements- Acknowledging the violation. satisfaction- Formal apologies or symbolic actions. restitution- Return to original situation (restitutio in integrum). compensation - For economic and moral loss. specific issues in state responsibility 1. Breaches of Peremptory Norms (Jus Cogens) • These are non-derogable norms of international law (e.g., prohibitions on torture, genocide, slavery). • Violations trigger state responsibility even without direct injury to another state. • Legal Sources: • Vienna Convention on the Law of Treaties (1968) • Customary International Law 2. Admission of Claims – Nationality • Diplomatic Protection: A state may bring a claim on behalf of its national harmed abroad. • Extension of Nationality: Only allowed if there’s a genuine link between the person and the state (Nottebohm Case standard). 3. Exhaustion of Local Remedies • Before international action, the injured individual must pursue all legal options in the host state. • Crucial in property claims and individual-state disputes. • Exception: If remedies are unavailable, ineffective, or unjustly delayed. Treatment of aliens protection of foreign nationals > - Vettels principle "A damage to a national is a damage to the state" : - forms the basis of diplomatic protection admission , expulsion and liabilities > - states control there areas but must in line within international standars , · standars of treatment national standar of treatment-foreigners/aliens should be created the rame as the · citizens of the host country international minnimum Standar · - basic universal rights regardless of host share practices · modern trend-balanced model- national treatment as the starting point minimum international standart ILC 2014 – Draft Articles on the Expulsion of Aliens • These draft articles affirm that even if a state has the right to expel foreigners, it must do so with due process, respecting: • The right to be heard • Non-discrimination • Protection against collective expulsion • Human dignity and family rights Key Principle: A state can regulate aliens, but must respect international human rights standards when doing so. + Protection of property I expropriation types of foreign property states · companies · individuals · nature of exploitation must be por public purposes · must respect · MFN(most-favored nation) principles requires fair compensation · guided by investment creaties · when is exploitation normal ? for public purposes (defense public wors) > - , compensation is provided > - rooa : nationalization is only unlawful if compensation is missing Permanent sovereignty over natural resources · countries have the right to control their own natural resources but this , must be done in a fair and legal way UN General Assembly Resolution 1803, 1962) Article 3 – Fair Treatment of Foreign Investment • Profit sharing and agreements must respect national law and international law • States retain sovereignty over natural wealth Article 4 – Conditions for Lawful Expropriation • Must serve public utility, security, or national interest • Must provide appropriate compensation • Disputes should go through: 1. Domestic courts first 2. Arbitration or international adjudication, if all parties agree PEACEFUL SETTLEMENTS OF DISPUTES , - disagreement a - over a point of law face , Tindly Relations 1970 UN declaration on preserve peace , security lauses of disputes · · · omission - , , and or interest : Par between a parties "States shall settle disputes by peaceful means to justice" : failure to fulfill international obligations beach of il- violations of is (Ex : unlawful use of force different interpretations/approaches-states may adopt conflicing approaches to solving shared problems or interpretterms of treaties differently · fundamental change in circumstances /rebus sie stanrisus) may render prior acrangements impractical/inequitable Peaceful methods of settlement -> > - Convention for the Pacific Settlement of International Disputes UN Declaration , , 29 July 1899 1970 negotiations > - direc discussions between the involved parties No reach a mutually acceptable resolution - it is simplest + most to compromise flexible method but depends on the willingness of both parties types of negotiations · · · · Bilateral between a parties MultilateralCommission Ad Hoc- , , often confidential multiple parties , open focused on global issues temporary comissions used to address specific disputes Third party involvement process · - (partial mediation) - neural 3d packy assizes in the negoriation does not impose solutions Third Track Diplomacy - informal diplomacy conducted by non-state actors (NGOs) Theoretical operational and case practice , , some international treaties means · may require parties to enter into negotiations before any other . for dispu settlement are used structured negoriations : follow a pre-determined framewor, open outlined in creaties or agreements · unstructured negotiations allow flexibility/informality enabling parties to explore : , creative solutions Some treaties require parties to negotiate as a first step before resorting to other mechanisms like arbitration or adjudication. • Example: International Treaties with Negotiation Clauses Many treaties include clauses obliging parties to negotiate before pursuing other dispute settlement methods. For instance, the UN Charter (Article 33) emphasizes negotiation as a primary means of resolving disputes. ICJ: Legality of the Treath or USe of Nuclear Weapons, 1996: • Not more obligation of conduct, but an obligation to achieve a precise result. • The ICJ clarified that states are obligated to negotiate in good faith to achieve a precise result (e.g., nuclear disarmament). It emphasized the difference between: • Obligation of Conduct: Engaging in negotiations. • Obligation of Result: Reaching a specific outcome, such as disarmament. orrices Good > - neural party that facilitates communication between disputing states without passive approach to negoriation offeringsolutions third party offers' good offices to the confliding states to facilitate dialogue and - - - assis states towards peaceful settlement of the dispute the third > - > once party offering good offices must be acceptable to all parties negotiations start-functions of good offices are usually considered to be completed mediation > - > > - a theid party actively participates in discussions and proposes potential solutions mediator conduces negotiations between contending panies cared by the mediator mutually acceptable compromise solution may be see in , aimed at a motion either upon the initiative of a accepted by the parties disputing on or , initiated , based on the proposals , third party whose offer is by the parties disputing who agre , the need of a mediator mediator's role > - areas : communication clarification of issues drap of proposals identify , of agreement between parties , , , elaborate provisional arrangements and propose alternative solutions inquiry (fact-finding) > - procedures specifically designed to produce an impartial finding of disputed faces a third-party by engaging states refer questions to a pand of experts for investigation of facual/technical matters > - after diplomatic negotiations conciliation impartial 3rd party who can be a sole conciliator but normally involves a formal, > - institutionalized and impartial comissions which investigates the dispute and proposes ways to resolve it > - seeks to objectively establish the packs and applicable law but may also investigate The problem > - broadly submit proposals for or a by combining elements of inquiry/mediation not to accept resolving the dispute which the parties can choose wether parties respond to the conciliation comission's proposals within prescibed time limit if they agree to the proposals the comission drafs a , proces-verbal , which sees the terms of the agreement (non-binding arbitration - binding method for dispute settlements through , - > - flexible and accommodating parties can agree on · · · procedures judges applicable law : a 3rd party vehicle to reach agreements , Operational dynamics > - provisional arbitration/Ad hos arbitration set · up specifically for one dispute mechanism · decide > - : no participation of specific institutional structures required parties , werything and bribunals permanent arbitration insitution are created from scratch for each case : Permanent Cour of Arbitration (PCA) · : , 1899 ; oldest institution for international dispute resolutions ; up observer offers administrative suppor for arbitration ares but does not decide cases directly · Regional mechanisms regional bodies that provide forums/bodies for conflict resolution > - The Afican Union · · · trab League Organization of American states Trganization for Security and Cooperation i · I 🔹 🟩 ↓ Africa – African Union (AU) Europe – OSCE (Organization for Security and Cooperation in Europe) Origins & Legal Framework Nature & Scope • Evolved from the Organization of African Unity (OAU) (est. 1963). • Largest regional security organization. • Governed by Article XIX of the OAU Charter: Calls for peaceful resolution of • Focus: Arms control, democratization, minority rights, media freedom, anti-trafficking, and energy security. disputes. Key Mechanisms 1. 2. 1. Conflict Prevention Center (1990) • Created by Additional Protocol (1964) • Supports early warning and crisis response. • Initially intended to institutionalize peaceful settlement processes. • Coordinates mediation through Chairpersons-in-Office. 2. Convention on Conciliation and Arbitration (1992, Stockholm) • Allows states to refer disputes for binding or non-binding Cairo Declaration (1993) • Introduced a Mechanism for Conflict Prevention, Management, and resolution. Resolution 3. Court of Conciliation and Arbitration (Geneva) Peace and Security Council (PSC) – est. 2002 • Can be activated unilaterally by any state party. • Acts like the AU’s version of the UN Security Council. • Steps: • Oversees peace missions, sanctions, military interventions, etc. • Conciliation commission issues a report and recommendations. Other Stabilizing Bodies: • States have 30 days to accept or reject. • Panel of the Wise • If no agreement and arbitration was agreed upon, an ad hoc • Continental Early Warning System • African Standby Force • Peace Fund for crisis response • Committee of Experts & Military Staffs Committee • 3. 4. Conflict Prevention Institutions Commission of Mediation, Conciliation and Arbitration Promoted early warning, preventive diplomacy, and peacekeeping. Sub-Regional Organizations tribunal is created. • Binding rulings issued if arbitration proceeds. Past Involvement: • Conflict resolution in: • Former Yugoslavia • ECOWAS (Economic Community of West African States): • Moldova • SADC (Southern African Development Community) • Georgia • Estonia • Ukraine Arab States – Arab League Founded: 1945 Dispute Settlement Tools: • Inter-Arab Force (1961): Initial collective defense body. • Arab Security Force (1976): Designed for regional peacekeeping. • Current Role: Primarily political coordination; limited success in binding conflict resolution. Americas – Organization of American States (OAS) Founded: 1948 (Bogotá Charter) • Charter amended in: 1967 (Buenos Aires), 1985 (Cartagena), 1993 (Managua), 1992 (Washington) Mechanisms 1. Permanent Council – Core decision-making body. 2. Secretariat for Multidimensional Security (SMS) – Handles threats like drug trafficking, terrorism, and conflict resolution. Peace Missions • Colombia • Costa Rica–Nicaragua (1985) • Belize–Guatemala Process (2000) Other Tools • Peace Fund: Supports negotiation and mediation. • Confidence-Building Measures: Promotes transparency and trust among members. · I. Investment Dispute Settlement Bodies II. Trade Dispute Settlement Bodies a. UNCITRAL a. WTO Dispute Settlement Mechanism (DSM) (United Nations Commission on International Trade Law) • Established by: The UN General Assembly (1966) • Main Role: Develops harmonized legal standards for • Role: Ensures the consistent interpretation and application of WTO agreements. • Applies to: Trade in goods (GATT), services (GATS), and global trade and investment. intellectual property (TRIPS). Mechanism for Dispute Settlement: Mechanism Overview: • Provides UNCITRAL Arbitration Rules – a widely accepted framework for ad hoc arbitration. • Used in investor–state disputes, especially when: • Parties want a neutral venue. • No existing arbitration clause refers to a permanent institution. 1. Consultations – diplomatic attempts to resolve the issue. 2. Panel stage – legal ruling if consultations fail. 3. Appeal – parties may appeal panel findings to the Appellate Body. 4. Adoption of Ruling – handled by the Dispute Settlement Body (DSB). • Known for: • Flexibility: Parties choose procedure details. authorized trade retaliation. • Neutrality: Ensures fairness in international settings. Key Features: Notable Use Cases: 5. Implementation – losing party must comply or face • Binding decisions • Investor–State Dispute Settlement (ISDS) • Avoids trade wars through rules-based conflict resolution • Included in many bilateral investment treaties (BITs) • Transparency and procedural fairness Example Disputes: b. ICSID (International Centre for Settlement of Investment Disputes) • • Members: 150+ states • A dedicated institution for resolving disputes between Role: foreign investors and host states. Key Features: Exclusive jurisdiction for investment disputes under BITs, free trade agreements, or contracts. • Neutral forum: Not part of national courts. • Binding awards: Enforceable in all ICSID member states. • Autonomous procedures: Distinct from domestic legal systems. • Allows conciliation as a non-binding alternative to arbitration. Example Cases: • US vs. EU – Aircraft subsidies (Boeing vs. Airbus) • China – Rare earth export restrictions Established: 1966 under the ICSID Convention (Washington Convention), by the World Bank • • Cases involving expropriation, unfair treatment, or breach of contract with investors (e.g., Venezuela’s nationalizations). b. NAFTA → USMCA (2020) (North American Free Trade Agreement → United States-MexicoCanada Agreement) NAFTA: • Effective: 1994–2020 • Included Chapter 11: Investment protection and arbitration for investor–state disputes. • Also included state–state dispute resolution procedures. USMCA (Replaced NAFTA in 2020): • Revised dispute mechanisms: • Investor-state arbitration more limited. • Greater reliance on state-to-state procedures. • Includes provisions for: • Labor and environmental standards. • Automotive trade. • Digital commerce. Significance: • Modernized framework for North American trade relations. • Reinforces rules-based economic integration. PEACEFUL SETTLEMENTS OF DISPUTES , RAD2-the ic] The International Court of Justice created in · · · 1920 under the League of Nations ; Arice 92 of the up Charter main judicial organ of the up settles legal disputes between states and issues advisory opinions on legal questions referred by UY organs/agencies Structure and organization JUDGES -> 15 > - 9 - > - judges apresenting the geographical variety of the UN year terms must represent main forms of civilization and legal systems enjoy diplomatic immunity and cannot hold positions that compromise their independence elections UN > - y Up General Assembl+ Security Council vore independently and elec the judges > - - > - candeate must receive an absolute every 3 years , 5 majority in both judges are replaced/re-elected nominations come from national groups within The PermanentYour of Arbitration Special chambers and judges · Ad Hoe judjes : party of a dispute doesnt have a national judge ad hoe judge-has equal rights and duties to ensure the representation of each party's legal system · Specialized Chambers Thamber of > - - speedy dispatch of > Summary Procedure - > - > - Chamber of Environmental Matters Avic 26 : cases , ensuring efficiency environmental production allows the creation of chambers for Specific cases/categories Jurisdiction of the 1c] · only hears cases between states , not individuals/companies does not create law · · · interpress/applies existing in-guardian of legality of the international system maintains exclusive jurisdiction over disputes bought before it incespective of other , political or regional developments The nature of the legal dispute application to the courr-state submits an application to the icI & presentation for ofT he proceed There must be a genuine > Challenge - > - & courts role their > - in Defining the Dispute > - legal dispute 2 parties disagree on a point of law , fac , positions of pacies are "positively opposed . or treaty obligation " the ic] is not limited to hous applicants frame the care · it may clarify the scope /legal baris of the dispute bared & on : submissions · · · relation Between other means of dispure-the ic] is legal arguments faces presented usually approached after other diplomatic efforts have failed & Isocurin if no solution has been aciived if the solution was already resolved via ↓ other methods ↓ ic steps in ic] declares the care inadmissible Contentious of jurisdiction ic]'s authority to settle legal dispues between states not automatic and through binding judgements it is ; only exists when all parties involved have given their consent. This consent can take various forms : 1. explicit consent - clear disc written . 2 implied consent - implied through actions/conduct , , Compromissory cause-included in Creaties pre-commits parties to submit rain ; disputes to the icI Optional clause tric 32(2) , - “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: • The interpretation of a treaty; • Any question of international law • The existence of any fact which, if established, would constitute a breach of an international obligation; D) the nature or extent of the reparation to be made for the breach of an international obligation. Proceedings sources of Law international creaties/conventions explicity recognized by all pacies involved · customary It decied from general practice accepted · as law-opinio Juris general principles of lave acognized by civilized nations · judicial decisions and academic writtings · as subsidiary means we interpreting the law property and Legal interest state must demonstrate legal interest in the object of the dispute · applicant must show a divc/ specific connection to the issue Evidence · · - ic is generally more flexible than domestic cours evidence presented by the states on-site visits to verify faces independent experts for technical assesments · burden of proof always lies on the applicant · : Provisional measures prevent irreparable harm · · preserve parties rights before final judgement joinder of cases (acide 98) court · · may join cases if they : share a common factual/legal foundations help ensure efficiency and coherence counter-claims a · respondent share may ruermit counterclaims only if ic] : has jurisdiction over the claim i is · closely connected to the main subjec matter of the original claim Third-party intervention · · a 3rd state may request to intervene if it has legal interest in the outcome the ic] decides on admission based on the relevance and impac of the 3rd party remedies · · ic issues declaratory judgements affirming whether may form the basis for reparations , packy has violated the law damages diplomatic consequences , state that initiates the legal proceedings by No the ic-burden of proof submitting the claim · a - legal arguments/ evidence presented by applicant regarding the alleged breach of it Des need - state against which the - amrscr . rustiis when acces mana , Enforcement and application · · icI's judgement is final and binding /Arric 94 UN Charter) , if a state refuses to comply the council may late measures to ensure enforcement + it leads to the damage of the state's reputation and political passure Application > - > - lac of knoledge of certain faces- Parties may request the ICJ to clarify: change of circumstances - • Scope or meaning of a judgment • How to implement certain rulings in practice A state may request revision of a judgment only if: • It discovers a new fact that was unknown during the trial. • The fact is decisive and existed at the time of judgment. • Example: Tunisia v. Libya — revision request based on new geographic data. A change in circumstances alone is not sufficient for revision. Advisory opinions 1. What Are Advisory Opinions? Advisory opinions are non-binding legal interpretations issued by the ICJ upon request, usually to clarify questions of international law. They are not part of contentious cases and do not require state consent. 2. Who Can Request Them? Only UN bodies can request advisory opinions: • UN General Assembly (GA) • UN Security Council (SC) • Other UN organs or specialized agencies if authorized by the GA 3. Nature of the Question • Must be framed in neutral legal terms, not political or fact-specific accusations. • The ICJ only answers questions of law, not political strategy or policy opinions. • • • • 4. Key Characteristics Non-Binding: not enforceable; they do not compel any action No Consent Needed: states do not have to consent for the Court to give an opinion Legal Guidance Only: serves to advise UN bodies or international organizations Same Procedural Standards: ICJ follows the same rules of evidence and burden of proof as in contentious cases USL OF FORCE BY STATES Is there such thing a as a just war ? antiquity concept 1. · · war in antiquity was , often justified as means to maintain order protect citizens , Ol assee the divine favor of gods Greek and Roman philosophy - gree philosophers like Plato and Lustole War is justified for justice , virue, and protecting the state > - romans , through thinkers like Cicero formalized the idea of Bellum instum just - , war wars should be declared formally waged for , a just cause Iself-defense , punishment) and carried out with proper conduct , asian approach D · China Cacient Chinese military philosophy ( minimum peace · , conflic harmony , and the moral leadership of culers India > - Mahabharata and · Bhagavad Gila this of war , explores the concept of Dharma-righteous duty duly and justice , I introduces Pharma · reasons , Guddha-just under mocal war-a war fought for righteous constrains Bushido code of the Samurai war with honor loyally and dury - , , , viewing warfare as a moral peacie bound by Khics and discipline Cristianity e the crusades 1. · · just war doctrine > - St Augustine and S Thomas Aquinas created criaxian theories of just war , . . building · on Roman conceps . just cause (self-defense defending the faith) , · · legitimate authority I allowed by a right intention /restoring peace coceci nga wrong , ruler / The Church . the crusades beginning > - in 1095 the Curades were feamed as , holy wars justified by religion. aclaim Christian holy sites from Muslim rule and they were > - incentives granted spiritual (indulgenges / mission of sins) by the Church The Birth of Sovereignty 1) - Renaissance/early modern periods shiped the justification of > - wars are seen as actions of sovereign states , war emphasizing national interests, 1. territorial integrity and state independence , Westphalia (1698) and the Balance of Power 1. peace of Westphalia maked the end of the · established the modern concept of > - 1 · Thirty years'Mac in europe Sovereignty States have the right of - self-determination and non-ineference from others laid the foundation for the Balance of power Theory was maintain equilibrium and prevent state from > - 19th Century any single feamed as revolutionary Nationalism began ↓ colonial wars , seen as dominating Europe imperialist playing major cole in justifying wars with independence a , ↓ claiming moral grounds for self-determination # Taly and Germany de justified but were framed as struggles for national civilizing self-determination and freedom driven impersal ambitions as their right of the people/nation to freely decide and Their status political form government ↓ missions by & ⑭ justified as hool for building national identity and statehood a american D justified to wars movements and was of unification · are Napoleonic Mars (1803-1815)perd ships in justifications for was - · Concept be used to states claim they autonomy legitimize wars when are , fighting for their freedom unity even if complex/conoversial or national , the true motives are more , Civil war (1861-1865) union perspective > - can was was (noch justified as means to preserve the United States and later feamed as a moral war to abolish slavery 1. · confederacy perspective(rouch claimed states' > - ( rights and self-determination lied to preserving slavery , this conflic demonstrates how justifications for was can · diverge depending on the , ideology and values perspective , 20th Century wars · First World Mar (1914-1918) justifications > - · - WW : national defense alliance commitments , · reality causes as just : unclear moral · · goals challenged the idea of a "just war" dissatisfaction with balance-of-power diplomacy Second World war (1939-1945) > - of civilization against aggression, mass destruction · · territorial integrity each side framed the war as a defense pocaying both > - , - WWll allied powers · frame fsighagafascism was > - , a and for democracy genic arcis powers · justified their aggressions through expansionist ideologies and revisionist goals to overturn perceived injustices from WWI treaties ↑ -> -> > - will is Germany Japan : : nation needs to expand its territory a resources /space for its Lebensraum arian , racial No provide population tothrive ideology - co-prosperity imperial expansion , often viewed as a paradigmatic "just war" from the allied perspective due to the fight againstotalitarism and genocide The use of arms as a legal concept before 1995 slate in a war > - being in a war wasnt just political entered war it had to be , a - , it had a legally recognized legal meaning when as a a state party to the war which involves , formal conflic between covereign nations under it key legal criteria The state's legal status in a war was based on · · · · its : recognition by other states (diplomatic/legal legitimacy) Sovereignty (full control over internal and external affairs) adherence to international creaties its ability to wage war as sovereign actoc /possession of armed focces ( a Declaration of war > - formal annoucement/statement by a state that it was entering into armed conflic with another state > - marked the under official/legal start of hostilities and served to justify the use of force customary is > - legal consequences change in legal/diplomatic relations · application of the Laws of Mar (paries must follow rules · · : on the conduct of hostilities exc. Neurality > - legal status of a state that doesn'ttake sides in in > - · > - conflict and doesnt participate hostilities rights · a : must not be attacked/drawn into conflic protection of trade and borders duties : · · must not support wher side must enforce neurality and remain impactial Surrender > - when a pacy formally agrees to case fighting and accepts the vicoe's herms If is a formal > - process that has legal implications for book the surrendering state and the vicocious · · victorious state may surcender agreement power raze control of territory may include conditions for peace and reparations Wilson Doctrine developed by U S. President Moodrow Wilson during ww > - . set of principles aimed at > - promoting peace diplomacy , and the self-determination of nations , legal/mocal framewor surrounding 20th - reshaping the was in the early century outlined principles for lasting peace - open diplomacy fo trade disarmament establishment of the , , , League of Nations · The League > - of Nations after WW based on Wilson's idea of a global peacekeeping body promote , peace and prevent future conflicts > - the first attemp at creating a collective security system where member states , pledged to work together toresolve disputes and dever aggression The UN Charter > - 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” · · core principle of the UN System To prevent was : bans the actual use and threat of maintain peace , and prevent , using military force protectSovereignty aggressive was Definition of force 6 The word • economic or political pressure is not • prohibits military interventions, included, although still discouraged in other parts of international law. invasions, bombings, and any kind of cross-border armed operations. force in actide 2(9) of the tharer . res specifically ↑ to armed focces Customary law reinforcement > - outside the up Charter, general rule of customary law states mustnot use armed : tosolve dispues a force as way > - 1970 Declaration among on Principles of I concerning friendly relations and cooperation states Adopted unanimously by the UN General Assembly. Reinforces Art. 2(4) by affirming: • The duty of all states to refrain from threats or use of force. • The sovereign equality of all states. • Non-intervention in internal affairs. • Peaceful settlement of disputes is mandatory. Case study Coqu Channel Case (1999) -iC] : Background: • In 1946, British warships were navigating the Corfu Channel, a narrow passage between Albania and Greece. • The ships hit naval mines → damage and deaths. • The UK retaliated militarily, bombarding Albanian coastal defenses and demanding reparations. ICJ Ruling: 1. Albania was held responsible for not warning of the mines in its waters — a violation of its duty to prevent harm. 2. However, the UK’s military retaliation was ruled unlawful. Key Point: The ICJ found that Article 2(4) of the UN Charter prohibits unilateral military actions — even in response to serious incidents — unless in self-defense or with Security Council authorization. Why This Matters: • The Corfu Channel case is one of the first examples where the UN Charter’s prohibition on force was legally enforced. • It shows that violations of sovereignty, even by democracies or in reaction to provocations, are not justified unless they follow international law procedures. - Categoris of force Unilateral use of face: ⑳ 3 reporsion ⑳risals lawful but unfriendly and harmful ac illegal ads of retaliation, open involving Karen by a state in response to another force taken by a stare in response to state's hostile behavior remains within it because it does not , another state unlawful actions of under modern It involve the use of force + it's a state's right to retaliate as a asponse to wrongful actions by anther state , reprisals involving force are prohibited - they are used as a the form of retaliation/pressure to offending state into compliance with international norm Countermeasures - non-violent but unlawful actions under normal conditions made lawful as a , response to another state's prior illegal ac (engaging in economic sanctions - not in retaliation but as a , way of forcing a state to comply with is obligations · RETORSION ASPECT REPRISALS COUNTERMEASURES laugeundecondit on an e Legality Purpose - - no use use of Force examples international Law of force , may - leade resicicions military actions not prohibited under i prohibited but justified i n limited circumstances economic sanctions , permitted involve otherwise fied by prior beach freezing asses it under conditiona The right of self-defence · Article 51 , UN Charter “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. Measures taken by Members in the exercise of this right of self- defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.” · Customary L ; Caroline case , 1837 “The necessity for self-defense must be "instant, overwhelming, and leaving no choice of means, and no moment for deliberation ..” The uncharter formalizes the right of self-defense under the content of the UN system, · but it doesnt replace customary it customary law and the un Charter corist and can be interpreted together Specific issues related to self-defense 1. What Constitutes an Armed Attack? • Can be committed by: • Another state (classic inter-state conflict) • Non-state actors (e.g., terrorist groups) • BUT: Requires proof that a state is responsible or involved in supporting the attack (ICJ Nicaragua case). 2. Pre-emptive Self-Defence • Involves using force before an attack occurs. • Legality is disputed: • Customary law (Caroline case) allows it only if attack is imminent. • UN Charter is more restrictive (requires actual armed attack). • Modern debates center on threats like terrorism or WMDs. 3. Protection of Nationals Abroad • Some states claim self-defence when intervening to protect their citizens in danger abroad. • Highly controversial in international law. • Often justified using necessity and proportionality, but legality depends on context. 📘 🔑 🛡 Collective security and collective self-defense I. Collective Self-Defence Legal Basis: • Article 51 of the UN Charter: Recognizes the inherent right of individual or collective self-defence if an armed attack occurs. Key Conditions: • There must be a prior armed attack. • The victim state must request assistance. • The assisting state must report its action to the UN Security Council. • The response must comply with the principles of necessity and proportionality. Confirmed in Nicaragua v. USA (ICJ, 1986): • The ICJ held that collective self-defence is only lawful if: 1. An armed attack occurs, 2. The victim state explicitly requests help, 3. There is proof that conditions for self-defence are met. Real-World Examples: • NATO (North Atlantic Treaty Organization): Based on collective self-defence under Article 5. • UK airstrikes against ISIL in Syria: Justified under collective self-defence. • Belgium (2016): Informed the UNSC it was acting in Syria under collective self-defence on June 7, 2016. II. Collective Security Legal Basis: • Article 39 of the UN Charter: The Security Council determines the existence of a threat to peace, breach of peace, or act of aggression, and can authorize action to restore peace under Articles 41 (non-military) and 42 (military). Key Features: • Actions are authorized by the Security Council, not unilaterally taken by states. • Does not require an armed attack to trigger response. • No need for the victim state to request assistance. Example of Application: • Iraq’s invasion of Kuwait (1990): • UNSC passed Resolution 678, authorizing a military coalition to expel Iraqi forces. • This was collective security, not self-defence. Intervention Intervention refers to coercive interference by one state in the internal or external affairs of another, often involving military force. Under international law, especially the UN Charter and the 1970 Declaration, intervention is generally prohibited, unless explicitly authorized or justified under limited exceptions (e.g., self-defence). Intervention without UNSC authorization US-Panama Intervention (1989): • Context: In 1989, the United States invaded Panama in an operation called Operation Just Cause, without prior authorization from the UN Security Council. • Justification: The U.S. justified the invasion by citing the need to protect American citizens, safeguard democracy in Panama, and restore law and order. However, critics argued that the intervention violated Panama's sovereigntyand lacked legal basis under international law. • Legal Controversy: This intervention raises the issue of unilateral interventions in situations where there is no explicit UNSC authorization, challenging the norms of non-intervention and respect for state sovereignty. Civil war-lack of criteria for intervention U.S. in Vietnam: • The United States intervened in the Vietnam War in the 1960s and 1970s, primarily in the context of fighting communism (as part of the domino theory). • Intervention: The U.S. supported the South Vietnamese government in its fight against the communist forces of North Vietnam. Despite the absence of a clear UN mandate or invitation from the government of South Vietnam, the intervention was framed as a defensive action against the spread of communism. Intervention with government invitation Russia’s Intervention in Syria (2015) • Context: Russia intervened in Syria in 2015 at the request of the Syrian government (led by President Bashar al-Assad), which was facing a civil war and rebellion from various factions, including the Islamic State (ISIS). • Legal Justification: Russia justified its intervention as an act of collective self-defense and support for the Syrian government's sovereignty. The intervention was framed as complying with international law, as it was carried out at the invitation of the Syrian authorities. • Controversy: While Russia's intervention was invited by the Syrian government, it raised concerns about the legitimacy of military intervention in a civil war and the broader implications for state sovereignty and non-intervention principles. Suppor to rebels and unlawful intervention Nicaragua Case (1986): • Case Background: The Nicaragua v. United States case (1986) was brought before the International Court of Justice (ICJ), where Nicaragua accused the U.S. of providing financial and military aid to the Contra rebelsfighting the Nicaraguan government, in violation of international law. • ICJ Ruling: The ICJ ruled that the U.S. violated international law by supporting rebel groups in Nicaragua, as this constituted unlawful intervention in the internal affairs of another state. • Legal Significance: The case established the principle that foreign support to rebels or insurgents fighting a government is an act of intervention and is prohibited under international law, especially when it undermines a state’s sovereignty and internal peace. 1970 Declaration on Principles of iL The 1970 Declaration on Principles of International Law outlined key rules about the use of force and intervention. Article 1 of the declaration provides a clear prohibition on foreign intervention, stating that: “No State or group of States has the right to intervene, directly or indirectly, for any reason whatever, in the internal or external affairs of any other State. Consequently, armed intervention and all other forms of interference or attempted threats against the personality of the State or against its political, economic and cultural elements, are in violation of international law.” • This declaration strengthens the principle of non-intervention and emphasizes the sanctity of sovereignty. Humanitarian intervention Humanitarian intervention refers to the use of force by a state or group of states in another state’s territory, without the consent of that state, and typically without UN Security Council (UNSC) authorization, for the purpose of stopping mass human rights abuses or protecting civilians. legitimate when done under international · humanitarian law-with UNSC autorization 1. · · · · aimed at stopping cimes against humanity controversial in 1 when done without UNSC authorization an a state intervene to stop atrocities without UN approval ? violates Sovereignty principle Jak 2(4) . , UN Charter) 🔹 Terrorism I. Definition Challenge No universal legal definition of terrorism exists at the international level. Efforts to agree on one have stalled due to political disagreements, especially on: • What acts qualify as terrorism, • Whether state violence or resistance movements are included. II. Major International Responses UN General Assembly (UNGA) Efforts • 1972: Established an Ad hoc Committee on Terrorism. • 1996: Created a second Ad hoc Committee to draft a Comprehensive Convention on International Terrorism (still under negotiation). key ur conventions- IV. UN Security Council Resolutions Resolution 1368 (2001) – After 9/11 Recognized terrorism as a threat to international peace and security Called on all states to combat terrorism by all means. Resolution 1373 (2001) – Establishes Enforcement Tools • Created the Counter-Terrorism Committee (CTC). • Imposed binding obligations on all UN Member States: • Prevent terrorist financing, • Deny safe haven to terrorists, • Improve international cooperation. HUMANITARIAN LAW-pac 1 I body of is that regulates armed conflic aiming to protect people not participating in , hostilities and to limit methods/means of wayare Historical foundations acient traditions . - > us now came mem as ha genrium /woman law of nations) : form of codifying rules during wayare amisricia-friendship ↓ · · Depiro-surrender FoeDus - treaty The order of malra & soc > - of humanitarian organization firstly called The Order of St . John of Jerusalem Emperor Charles grants Malta to the order Sovereign Order of Mala 1113 becomes a lay religious order and subject of it > - , provides humanitarian medical and social assistance and operates as , , state entity with diplomatic recognition a ↓ Henry Dunant and The red cross 9. - witnessed the 1859 Battle of Golferino during the Austro-Sardinian was 40000 asualties documented his experiences conditions of the medical care · , , - highlighted the appealing and made 2 proposals : creation of neutral humanitarian organizations to provide aid to wounded soldiers during warime · Chose establishment of international treaties to protect the wounded and aiding them > - International Committee of the Red Cross (ICRC) is founded in 1863 , in Geneva piezt non-governmental organization (NGO) dedicated to providing a neueral and independent humanitarian aid Development of Legal instruments 1856: Declaration of Paris Introduced legal standards for neutrality in maritime warfare, emphasizing the rights of neutral ships and forbidding privateering during naval conflict. 1864: First Geneva Convention Laid the foundation for the protection of wounded soldiers and medical personnel during land warfare, marking the beginning of modern humanitarian law. 1868: St Petersburg Declaration Prohibited the use of explosive projectiles under 400g as they cause unnecessary suffering. This was the first treaty to ban a specific type of weapon. 1899–1907: Hague Conventions Codified rules of war on land and sea, including the treatment of civilians and prisoners, protection of cultural property, and the conduct of hostilities. 1925: Geneva Protocol Banned the use of asphyxiating gas and bacteriological methods of warfare, responding to chemical weapons use in WWI. Still in force today. 1929: Geneva Conventions (2) Improved the treatment of prisoners of war (POWs) and wounded soldiers. Included protection against torture, abuse, and guaranteed basic rights. 1949: Four Geneva Conventions • I: Wounded/sick in armed forces on land • II: Wounded/sick/shipwrecked at sea • III: Prisoners of war • IV: Civilians in time of war These are the core of modern IHL, providing broad protections during armed conflict. 1954: Hague Convention on Cultural Property First treaty focusing on protection of cultural heritage during armed conflict, adopted after WWII to preserve humanity’s shared legacy. 1972: Biological Weapons Convention (BWC) First multilateral treaty banning an entire category of weapons—biological and toxin weapons. Sets the global standard for biosecurity. 1976: Environmental Modification Convention Prohibits hostile use of environmental techniques (e.g., weather manipulation) that could cause widespread or severe harm to another state. 1977: Additional Protocols I & II to the Geneva Conventions • Protocol I: Enhanced protection for victims of international conflicts. • Protocol II: Extended protections to victims of internal armed conflicts (NIACs), such as civil wars. 1980: Convention on Certain Conventional Weapons (CCW) Restricts or bans weapons deemed to cause excessive injury or indiscriminate effects. Includes protocols on mines, booby traps, incendiary weapons, and invisible fragments. 1993: Chemical Weapons Convention (CWC) A comprehensive treaty banning the use, production, and stockpiling of chemical weapons. Includes verification and destruction mechanisms. 1995: Protocol IV (Blinding Laser Weapons) Prohibits the use of lasers specifically designed to cause permanent blindness, added as a protocol to the CCW. 1996: Revised Protocol II (CCW) Extends the ban on mines and booby traps to internal armed conflicts (NIACs), improving protections for civilians in civil war settings. 1997: Ottawa Treaty (Anti-Personnel Mines) Bans the use, stockpiling, and production of anti-personnel mines. Focuses on preventing long-term civilian casualties. 1998: Rome Statute of the ICC Established the International Criminal Court (ICC) to prosecute individuals for genocide, war crimes, crimes against humanity, and aggression. 1999: Second Protocol to the 1954 Hague Convention Introduced “enhanced protection” status for cultural property and clearer obligations for safeguarding heritage in conflict. 2000: Optional Protocol to the CRC on Armed Conflict Bans child recruitment under age 18 in armed conflicts. Strengthens child protections under the Convention on the Rights of the Child. 2001: Amendment to Article I of the CCW Expanded the CCW’s application to include non-international armed conflicts, recognizing the growing prevalence of civil wars. 2003: Protocol V on Explosive Remnants of War Requires clearance of unexploded ordnance and marking of contaminated areas to protect civilians after conflict ends. 2005: Additional Protocol III to Geneva Conventions Introduced the Red Crystal as a neutral emblem, alongside the Red Cross and Red Crescent, to ensure universal humanitarian protection. 2006: Convention on Enforced Disappearances Targets the practice of enforced disappearance, especially during armed conflicts. Seeks to hold perpetrators accountable and protect victims. 2008: Convention on Cluster Munitions (CCM) Bans use, production, and transfer of cluster bombs due to their high risk to civilians both during and after conflicts. 2013: Arms Trade Treaty (ATT) First legally binding agreement to regulate international arms transfers and prevent weapons from being used in human rights abuses. Milikacy conflic EHumanitarian law Scope and application traditional view : application of it begins with the formal declaration of war and ends with The > - oficial cessation of hostilities however , this limixed time fame open excluded the modern perspective > - i'l complexities of modern conflics : applies from the beginning of hostilities (even at the absence of a formal declaration of war) until there is a fully peaceful solution to the conflic- allows for a broader scope of application > - it also continues to situations , apply during miliary occupations and post-conflic ensuring protection until stability and peace are restored Territorial applications > - humanitarian law and human rights apply universaly both within and beyond , a state's territorial jurisdiction ICJ, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 2004 : “The legal obligations to comply with the ICCPR are regardless of the application of the territorial principle of jurisdiction, i.e. a State is obliged with the international Human Rights instruments “in and out” of its territory. Universality of Human Rights and Humanitarian Law.” Human rights and humanitarian law Right to life is protected under · > - use Universal declaration of human rights International Covenant on Civil and political rights (ICCPR) > - · : of force under i > - > - > - necessity mus serve legitimate military objective proportionality harm distinction caused must not exceed anticipated civilians must not be military advantage directly attacked only combatants can be lawfully attacked , International armed conflic JIAC) · · acmed conflic between 2 + states armed forces of a state can be lawfully largered by the opposing state unless they are protected (medical personnel · combatants have immunity they cant be prosecuted for laugul acs of must follow the rules of i war but Non-international armed conflic (NIAC) armed violence between a state and non-state armed groups · , or between such groups within a state non-state fighters can only be targeted if they · > - > - · are : directly participating in the hostilities-actively fighting have a continuous combat function-their role within the group is consistently related to military operations iHL applicable as a standa behavior for all armed conflicts HUMAN RIGTHS-par 2 Genera Convention-Basic Bandar in Humanitarian Law Prisioners of war who qualifies ? > - actice : be pack of an · visible sign to show wear a · · · army with a real leader in charge arry weapons openly they are soldiers That of being commanded by a person responsible for his subordinates That of having a fixed distinctive sign recognizable at a distance That of carrying arms openly follow the rules of war That of conducting their operations in accordance with the laws and customs of war. standar ratement > - · · · actice 17 pow's must only provide basic info . ( name , date of birth ) physical/mental rocure or cohersion are prohibited refusal to answer cannot result in punishment or unfavorable treatment Civilian population > - · article 6 : territorial and time application territories territory applies where armed hostilities Lake place including occupied : , · time > - - : in both in parties' territories - until end of hostilities occupied territory-for one year After the end of hostilities . For a territory to be considered occupied under is , 2 specific conditions must be met : former government is unable to maintain order 1. If the government of the occupied territory is no longer able to maintain control or ensure the functioning of essential services due to the occupation, the territory is considered occupied by foreign forces. This is a critical element, as it reflects the inability of the local government to protect its own population from harm or to maintain public order. 2 . occupying force can replace the government The occupying force must be capable of substituting the former government’s functions to maintain control, provide security, and ensure the safety of the civilian population. The occupying power assumes administrative responsibility, which includes protecting civilian lives, property, and human rights. The case of West Bank transition from humanitarian Standals to Human : Rights principles The West Bank has been under Israeli occupation since the 1967 Six-Day War, making it a central case in debates over the application of international law in occupied territories. 1. Humanitarian Law under the Geneva Conventions • The Geneva Conventions apply in situations of armed conflict and military occupation. • They aim to protect civilians, prisoners, and the wounded, focusing on minimizing suffering. In the West Bank, these rules prohibit: • Collective punishment • Forced displacement of residents • Destruction of civilian property, unless justified by military necessity These standards treat the occupation as temporary and seek to preserve basic dignity. 2. Shift Toward Human Rights Law As the occupation has extended over decades, a transition occurred from focusing solely on humanitarian rules to applying broader human rights principles. • Human rights law applies at all times, including during occupation, and to all individuals, not just those involved in conflict. Key rights emphasized include: • Freedom of movement • Access to education • Right to self-determination • Protection from arbitrary arrest or detention This shift reflects the view that long-term occupation requires protections that go beyond temporary wartime rules. 3. Current Legal Debates • International bodies and human rights groups now assess Israel's actions in the West Bank under both: International humanitarian law (e.g., Geneva Conventions) International human rights law (e.g., ICCPR, ICESCR) Summary: The West Bank case highlights how international law evolves in response to prolonged conflict. What began as a framework focused on humanitarian protections has expanded to include human rights obligations, reflecting the complex and lasting nature of the occupation. 🔹 specific issues regarding hostilities Protected Zones – Article 52(2) • Civilian-related areas are protected under IHL and cannot be targeted unless used for direct military purposes. • Includes: • Hospitals and medical facilities • Schools • Cultural and religious sites • Food-producing areas and water sources – only protected when not used to support military action Methods of Warfare – ICJ Advisory Opinion on Nuclear Weapons Case: Legality of the Threat or Use of Nuclear Weapons (ICJ, 1996) • 1. Distinction: States must never use weapons that are incapable of distinguishing between civilian and military targets. • 2. Unnecessary Suffering: It is prohibited to cause unnecessary suffering to combatants → States are not free to choose any means of warfare or any weapons without restrictions. Types of Conflict and Their Legal Rules International Armed Conflict – Tadić Case (ICTY, Appeals Chamber) • Conflict is international if: 1. It occurs between two or more states. 2. An internal conflict becomes international if: • Another state intervenes through troops. • One or more groups act on behalf of a foreign state. Non-International Armed Conflict (NIAC) Common Article 3 – Geneva Conventions (1949) Applies to conflicts not of an international character and sets minimum protections for persons not participating in hostilities: • Who is protected? • Civilians • Surrendered combatants • Those “hors de combat” (e.g., sick, wounded, detained) • Prohibited acts include: a) Violence to life and person (e.g., murder, torture, mutilation) b) Taking hostages c) Outrages upon personal dignity (e.g., humiliating or degrading treatment) d) Executions without a fair trial • Obligations: • Wounded and sick must be collected and cared for. • The ICRC and other humanitarian bodies may offer assistance. • Parties should adopt special agreements to extend protection further. Protocol II (1977) and the Declaration of Minimum Humanitarian Standards (1990) • Expand on Common Article 3 protections in NIACs. • Provide additional legal safeguards, including: • Due process for detained persons • Better-defined obligations for both state and non-state actors • Clearer rules on access for humanitarian assistance 📌 Summary of Core NIAC Principles 1. Humane Treatment: No torture, cruel treatment, or executions without trial. Everyone not directly fighting must be protected. 2. Care for Wounded and Sick: Must be treated and aided regardless of affiliation. 3. Humanitarian Aid Access: Humanitarian groups like the ICRC must be allowed to operate and assist civilians. 4. Minimum Standards: Reinforced by Protocol II and the 1990 Declaration to ensure dignity and safety even in civil wars. Wraine 2022 and the IHL Russia – Fourth Geneva Convention (1949) Focus: Protection of Civilians in occupied territories As an occupying power, Russia has legal obligations under international law once it controls parts of Ukraine. Key Obligations: • Protect Civilians: No attacks on civilian infrastructure No forced displacement Ensure safety and basic services • Respect Human Rights: No torture, executions, or arbitrary arrests Civilians must receive fair legal treatment • No Collective Punishment: Cannot punish a group of civilians for the actions of a few • Allow Humanitarian Aid: Must allow organizations like the ICRC to deliver aid and assist civilians Medical care must be provided to the wounded and sick Ukraine – Third Geneva Convention (1949) Focus: Treatment of Prisoners of War (POWs) As a party to the conflict, Ukraine must follow rules regarding Russian soldiers captured during combat. Key Obligations: • Humane Treatment: Provide proper food, shelter, and medical care No torture or degrading treatment • No Punishment for Combat: POWs can't be punished just for fighting; only for specific war crimes or violations • ICRC Access: Must allow the Red Cross to visit POWs and check on their conditions • Fair Trials: If POWs are charged, they must receive fair and legal trials under international standards Overall: Both Russia and Ukraine are legally bound by the Geneva Conventions, and violations (e.g. mistreatment of civilians or POWs) may be considered war crimes under international law. Humanitarian principles and military conflic · humanity distinction · proportionality and military necessity · ⑭ Principles that guide the actions of pacies in a conflic to minimize human suffering, protect civilians and ensure that wayace remains constrained , Balance military aims with the protection of human life and dignity International Committee ofThe Red Cross - > - > - > - most prominent humanitarian organization for armed impartial 100 + , neutral and independent national committees worldwide major contributor to the development Basic rules of IHL (1988) 1. , conflic , clarification and codification of H , : Protection of Non-Combatants • Persons hors de combat (out of combat due to surrender, injury, or detention) and those not taking part in fighting (e.g., civilians) must be respected, protected, and treated humanely at all times—without discrimination. 2. 3. No Harm to Those Who Surrender or Are Hors de Combat • It is strictly forbidden to kill or injure: • Anyone who surrenders, or • Is clearly incapacitated and unable to fight. Care for the Wounded and Medical Protections • All wounded and sick must be cared for by the party in control. • Medical personnel, equipment, and transport must be respected and protected. • The Red Cross and Red Crescent emblems indicate protected status and must never be attacked. 4. 5. 6. 7. Rights of Captives (Combatants and Civilians) • Captured persons must be: • Respected in terms of life, dignity, beliefs, and personal rights. • Protected from violence, threats, and reprisals. • Allowed to communicate with their families and receive humanitarian aid. Judicial Guarantees • Everyone has the right to: • A fair trial and due process. • Protection from torture, cruel, degrading, or inhumane treatment. • Be judged only for acts they personally committed. Limits on Means and Methods of Warfare • Armed forces do not have unlimited freedom in choosing weapons or tactics. • It is prohibited to use weapons/methods that cause: • Excessive injury, or • Unnecessary suffering. Distinction Between Civilians and Combatants • Attacks must always be directed only at military targets. • Civilians and civilian objects must never be intentionally targeted. • This principle is key to minimizing harm to those not involved in combat. HUMAN RIGHTS BASICS Why is the knoledge of Human Rights essential for all of us ? empowers individuals to claim their dignity · , equality and freedom , helps people to identify/challenge abuses like exploitation · promotes inclusion justice and democracy by enabling utizens to hold governments · , , accountable strengthens global solidarity in a connected world inspiring action for justice · , vital for · marginalized groups to demand fair treatment-access to rights Origins and foundations of human rights acient Greece (Plato and Aristotle ( > - concept of natural law beyond state-made laws Roman Law > - > - - Lus Gentium fiest codification of natural rights universal law applied to Romans and foreigners medieval Christianity > - > - connected human all people , as rights to universal mocal touchs believed to be rdained by God Gods creations are inherently bound by these principles , Confucianism (China) emphasizes duies and echical relations not individual rights > - , modern enlightment and revolutions-why do encighoment > - > - we awe them so much ? (Lock Rousseau Monesquieu( , natural , rights reason individualism , , challenged raditional hierarchies paving the way for modern ideas of equality and democracy French revolution declaration of the rights of Man and of the citizen > - , 1789-liberty equality, , fraternity - univeralized human rights beyond class nationality or status , , american Declaration of independence > - all men are created , (1776) , equal and endowed with unalienable rights (life liberty pursuit of happiness ( , - governments derive legitimacy from the consent of the governed What are human rights ? > - inherent universal indivisible and interdependent rights held by all humans , > - no discrimination , , , regardless of nationality , cace , gender religion , - guarantee rights ruch as · life liberty , expression · · work , , , and : recurity belief and assembly , education , and standad of living Basic principles of human rights Domestic jurisdiction > - vs . universality Acicle 2 (7) of the un Charter · : states have sovereignty and protection from external interference However , · universal human rights principles have led to a shif absolute non- away from intervention international Hr action is allowed only after national legal processes have been fully used > - exhaustion of local remedies · before raking a case to an international cour/mechanism victims must try all , domestic options respects national sovereignty while still international review if justice is not served > - Priorities Of rights · artain - counties = - priorities But there are standars internally X allowing for European Convention: Right to life • Prohibition of torture • Prohibition of slavery • No punishment without law (non-retroactivity) Inter-American Convention: rights are so fundamental that they cannot be suspended emergencies • , • Right to juridical personality • Right to life and humane treatment • Freedom of conscience and religion • Protection of the family and child • Political participation even in > - Customary il and Human rights · generally accepted principles that have become binding global norms even , without treaties > - > - prohibition of pocure prohibition of genocide > - prohibition of slavery > - principle of non-discrimination Human rights framework Today 1. Charter of the United Nations (1945) • Foundational document of the UN. • Sets out the principles of peace, security, and human rights. • Marks the beginning of international cooperation in human rights promotion. 2. The International Bill of Human Rights A collective term for three core instruments that form the foundation of modern international human rights law: Universal Declaration of Human Rights (UDHR, 1948) • Adopted by the UN General Assembly on December 10, 1948. • Not legally binding, but globally recognized as a moral and philosophical standard. • Most translated document in the world. • Drafted under the leadership of Eleanor Roosevelt. • Key contribution by Hansa Mehta (India): changed “all men” to “all human beings are created equal”. • Covers civil, political, economic, social, and cultural rights. International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966/1977) • Legally binding treaty. • Guarantees rights such as: • Education • Health • Work • Social security • Adequate standard of living International Covenant on Civil and Political Rights (ICCPR, 1966/1976) • Legally binding treaty. • Guarantees rights such as: • Life and liberty • Freedom of speech and religion • Fair trial • Political participation Universal declaration of Human Rights > - adopted by The UN General Assembly in 1948 > - milestone document and the universal standar for HR > - 30 arrides that cover civil · , , freedom of expression religion and peaceful assembly , , right of education work and an adequate standart of living · , , > - , , right to life liberty and security , · political economic social and cultural rights , The UDHR is not legally binding but it has become # in some countries (US) , , Ar are a moral foundation for Hr law protected through domestic laws and constitutions, rather than direc enforcement of the UDHR - Vienna Declaration and Programme of Action (1993) · , highlights the obligations of all states to promote HR through legislative measures protecting vulnerable groups exc , un Council of . Human Rights UN Human Rights Council (HRC) • An intergovernmental body within the United Nations. • Composed of 47 member states, elected by the General Assembly. • Its main function is to promote and protect all human rights globally. • Meets in Geneva, holding regular and special sessions on human rights situations. Universal Periodic Review (UPR) • A unique mechanism under the Human Rights Council. • All 193 UN member states are reviewed on their human rights records every few years. • Based on equal treatment of all countries. Purpose of the UPR: • Promote accountability and transparency. • Offer recommendations for improvement. • Encourage the exchange of best practices between states. UN Human Rights Treaty Bodies • Independent committees of experts that monitor how countries implement specific international human rights treaties. • Each body focuses on a particular theme or vulnerable group. Main Treaty Bodies include: • CERD – Committee on the Elimination of Racial Discrimination: Focuses on combating racial discrimination and ensuring equality. • CESCR – Committee on Economic, Social and Cultural Rights: Monitors rights such as health, housing, education, and work. • CCPR – Human Rights Committee: Oversees civil and political rights like free speech, fair trial, and political participation. • CEDAW – Committee on the Elimination of Discrimination against Women: Promotes women’s rights and gender equality. • CAT – Committee against Torture: Works to prevent torture and cruel treatment. • CRC – Committee on the Rights of the Child: Ensures the protection of children’s rights globally. • CMW – Committee on Migrant Workers: Defends the rights of migrant workers and their families. • SPT – Subcommittee on Prevention of Torture: Conducts visits to detention facilities to prevent illtreatment. • CRPD – Committee on the Rights of Persons with Disabilities: Focuses on the rights and dignity of persons with disabilities. • CED – Committee on Enforced Disappearances: Deals with cases where people are abducted or detained without legal acknowledgment. Up Office - > - ofThe High Commissioner of Human Rights (1999) established by The UN General Assembly No centralize/strengthenThe UN's High Comissioner for Human Rights main functions · · · · · promote HR monitor and repoc technical assistance advocacy for vulnerable groups collaboration with treaty bodies : HR work Regional Mechanisms for HR protection europe • • European Council: An intergovernmental institution promoting political cooperation. European Court of Human Rights: Adjudicates violations of the European Convention on Human Rights. Individuals can bring cases after exhausting national remedies. warin america Inter-American Commission on Human Rights (IACHR): • An autonomous organ of the Organization of American States (OAS). • Promotes and protects human rights in the Americas. • Composed of seven independent experts acting in their personal capacity. africa African Commission on Human and Peoples’ Rights: • Created by the African Charter on Human and Peoples’ Rights (in force since 1986). • Oversees the promotion and protection of rights across the African continent. islamic cooperation Independent Permanent Human Rights Commission (IPHRC) of the Organization of Islamic Cooperation (OIC): • Focuses on advancing rights in alignment with OIC principles, especially within the Muslim world. asia No single regional court, but regional cooperation happens through: • ASEAN (Association of Southeast Asian Nations) • SAARC (South Asian Association for Regional Cooperation) • These bodies promote dialogue and cooperation but have weaker enforcement powers compared to Europe or the Americas. HUMAN LIGHTS -pac 2 Some baric principles · domestic jurisdiction - human rights are universal but their enforcement respects the sovereignty of states international bodies can only intervene after all domestic remedies have been exhausted · · exhaustion of I local remedies priorities of rights > - > - Universal Declaration of HR different countries have set up different procities however arain standares , exist (right to life drinking water healthcare food ( : , , , International Covenant on Civil and Political rights (ICPRI Right to relf-determination - people have the right to freely determine their politicalwarus and pursue economic , social Avide-Perrogation , and cultural development in emergencies “ ..In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin" ⑪ During public emergencies threatening the life ofa nation (war disasters) states , can , temporarily suspend arrain rights conditions for perrogation > - : only to the extent strickly required > - must comply with other international > - must not discriminate based on race obligations , gender religion social origin ec. , , , However there are some rights what cannot be suspended (non-decogable rights) · · · · · · · actide 6-right to life acide 7- prohibition of rocure/ medical experiments article 8(1-2) - prohibition of slavery and servitude article 11-no imprisonment for inability to fulfill a contract acice 15-no retroactive punishment article 16-right to regonition befor the law acice 18- freedom of thought , conscience , and religion ·her important elements • • • • • • Due Process: Right to a fair trial and protection from arbitrary arrest or detention. Freedom of Movement (Art. 12): The right to move freely within one’s country and to leave and return to it. Right to Privacy (Art. 17): Protection against arbitrary or unlawful interference in one’s personal life. Freedom of Expression (Art. 19): Right to hold opinions without interference and to express them freely. Peaceful Assembly and Association (Arts. 21–22): Right to protest and join groups. Family and Equality (Arts. 23–27): Rights related to marriage, children, minorities, and equal protection. : International Convenant on economic , socialand cultural rights (ICESCR) Acide4-Limitations rights may only be restriced by law compatible with their nature > - , only to promote public welfare in > - any limitation must be legal , a democratic , and society necessary and reasonable to protect the , broader public good The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided by the State in conformity with the present Covenant, the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society. • Simple Terms: States can limit these rights only if it’s necessary to protect public welfare and is consistent with the democratic principles of fairness and the nature of the right Article 6 1-RightNo work : > - > - freedom to choose/accept work protection against unemployment The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. Arride 8 1-right to unionize : > - - right to form and join unions right to strike The States Parties to the present Covenant undertake to ensure: a) The right of everyone to form trade unions and join the trade union of his choice Arric 9-right to social > - access security to state suppor like pensions , unemployment insurance , and family benefits The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance. Avice 10-protection of the > - > - family maternity protection children's rights Arice 11-adequate standar of > - right to food clothing , , living housing , and the Articles 12-19-right to education > - > - free and compulsory primary education accessible secondary and higher education Acide 15-right to culture and science > - > - right to pacicipate in cultural life right to benefic from scientific progress improvement of living conditions Protection of vulnerable groups Women-Convention of the elimination of all forms of Discrimination against Women , 1979 Article 1 · For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. Core elements: Constitutional measures, prohibiting all kinds of discrimination across the society; measures against trafficking of women and prostitution, political rights, right to education, employment, healthcare, rights of the rural women, equality before the law, rights within the marriage, Strong implementation measures · definition of discrimination any action that restrics womens rights compared to : men's Guarantees - · : equal rights in politics education employment marriage and healthcare , · · , , protection from trafficking and forced prostitution focus on rights of rural women and implementation mechanisms Alder people-UN Principles for older persons adopted by General Assembly > - 5 pillars : independence-ability to make decisions · · · · · participation-engagement in community care-access to healthcare/social services self-fulfillment-opportunities to pursue learning and interests dignity-espect for their identity and protection from abuse , 1991 Children-Convention on the rights of the child · , 1989 applies to everyone under 18 key > - riGHTS : right to life family and not to be separated from parents without reasons · , , Freedoms /just like adules) - · feedom of thought religion , · right to privacy protections · and beliefs freedom of expression and peaceful assembly · > - , : protection from abuse exploitation and trafficking , · special protection for disabled children they deserve equal care respect , , , and opportunities · · adoption practices must procitize the child's interests/well-being special protection for children in armed conflicts and - it application during conflict acovery education and Healthcare > - · education and healthcare are essential for physical menial , , and social development People with disabilities · - Convention on the rights of persons with disabilities (2007) Aide 3 > - dignity autonomy , , non-discrimination inclusion , , accessibility , and equality Article 3: General Principles • Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; • Non-discrimination; • Full and effective participation and inclusion in society; • Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; • Equality of opportunity; • Accessibility; • Equality between men and women; • Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identity. Fundamental Rights • Specific Regulations – Accessibility, Health and Education • Obligations of the Society and State Mechanisms • International Cooperation - focus on accessibility in education health , > - , and public participation obligations include legal support wate monitoring and international cooperation , , Racial and other forms of discrimination - International convention on the elimination of all forms of racial discrimination (1965) · tricl 1 : 1 “1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life….” > - definition discrimination based on race color : , · · · · tricle 2 : , descent , and echnicity States must condemn and eliminare ratial discrimination Avide 5 equal rights in public life : Durban declaration (2001) UNDrip (2007) : : global plan to fight racism/minorities issues UN Declaration on the rights of indigenous people Human rights and adminisation of justice Against cocare-convention against cocure and other cruel inhuman , or degrading treatment or punishment Article 1 1.For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. 2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application. • State measures • Prohibition of extradition and return to another country in case of possible torture • Education and training of civil, police and military personnel in order to prevent torture • Review of the interrogation rules • Impartial inspections • Responsibility in cases of torture and compensation > - > - vodure-inventional infliction of severe pain by state across states must · · · · : forbid excadicion if rocure is likely train personnel to prevent rocure review interrogation methods investigate and compensate vicims Treatment of prisioners-the Nelson Mandela rules -> , 2015 owlines international standars for the humane treatment of prisoners ensure dignity respect , detainees , and treatment of fairness in prison administration and 8 Key Areas: 1. Dignity and prohibition of cruel treatment. 2. Healthcare equal to public standards. 3. Sanctions limited and regulated. 4. Death/torture investigations required. 5. Protection of vulnerable prisoners, including children and disabled persons. 6. Legal representation access. 7. Complaints and independent monitoring. 8. Staff training on rights and humane treatment. Enforced disappearances - International convention for the protection of all persons from inforced disapperance (2007) Article 2: For the purposes of this Convention, "enforced disappearance" is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law. > - inforced disappearance it : someone is haren/detained by state agents gov denies hapenned or hides The person's fate/location person dissapears outside The protection of the law > - key protections : Article 17: • No one can be held in secret detention. Article 18: • Families have the right to know if their loved one is detained and where they are. Article 19: • Personal information (like medical or genetic data) used to find the disappeared must not be used for anything else. Article 24: A "victim" includes both: • The person who disappeared. • Anyone else who suffers because of it (like family members). Article 25: • . The State must investigate enforced disappearances and ensure justice through its legal system. Exera-legal executions udra-legal adiacy , states must · · · - , The effective prevention and investigation Principles on of and summary executions (1989) : prevent executions through strid institutional control investigate all suspected cases prosecue/enradite offenders regardless of nationality or location 1. Prevention • Governments must strictly control the police, military, and prison officials to make sure they don’t carry out or allow illegal killings. • This includes clear rules, training, and accountability. 2. Investigation • If a killing is suspected, there must be a prompt, thorough, and unbiased investigation. • The process must follow detailed procedures to find the truth and protect evidence. 3. Legal Proceedings If someone is found responsible, the government must: • Bring them to justice, no matter who they are or where they are. • Or cooperate with other countries that want to prosecute them. • This applies no matter the nationality of the victim or killer, or where the crime happened. ·her relevant HR instruments The Slavery Convention (1926, amended 1953) International Convention on the Protection of the Rights What is Slavery? (Article 1) of All Migrant Workers and Their Families (1990) • Slavery is defined as a condition where one person is treated Article 20 – No Prison for Contract Disputes as if they are the property of another. This includes exercising • Migrant workers and their family members cannot be control over their life, freedom, and labor—similar to imprisoned just because they failed to meet the terms ownership. of an employment contract. Contract issues should be handled under civil law, not criminal law. What is the Slave Trade? The slave trade includes: Article 23 – Right to Consular Assistance • Capturing, buying, or selling people to turn them into slaves. • • Acquiring someone with the intention to sell or exchange seek help from the diplomatic or consular authorities them. of their home country while abroad. This includes Transporting or trading people as part of a commercial activity. asking for legal support and protection if they face • Migrant workers and their families have the right to difficulties. Key Point: This Convention aims to completely ban slavery and any form of trade involving human beings. Civil Society and Non-state across · important #Gos in defense of human rights - -> - · · Amnesty International Human Rights Watch Save the Children National HR Committees Human rights defenders : INDIVIDUAL CRIMINAL Responsibility in iL S principle that individuals not just states or organizations , , can be held accountable for committing crimes that violate it When is such responsibility word ? individual criminal > - crimes such as responsibility is invored in cases involving international genocide , crimes applies when individuals > - against humanity commit , order , or acc , war crimes and aggression . complicit in acs that beach is - Before Post-WWI ↓ 1945 ↓ international individual criminal responsibility was adopted according to The Treaties applied mainly in cases of piracy of Versailler Charter Nuremberg ↓ held Nazi leaders accountable for crimes against peace , wa r crimes , and crimes against humanity Genocide convention on the prevention and punishment of the crime of genocide (1948) · Avic a In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group (1945) > - genocide : ads done with intent to destroy a national , echical , racial , or religious group killing members · causing serious harm · infliking destructive conditions · · · Legal case preventing biths facibly transferring children : ICJ – Bosnian Genocide Case (1993–2007) The International Court of Justice (ICJ) addressed the legal meaning of genocide in this case. • "Intention to destroy" means the physical or biological destruction of a group. Examples include: - Mass killings - Systematic rape intended to stop reproduction within the group • Forced migration or ethnic cleansing can show intent to destroy a group, but on their own, they do not legally qualify as genocide unless they are part of a plan to physically or biologically eliminate the group. ICTY Interpretation The International Criminal Tribunal for the former Yugoslavia (ICTY) explained that: • The aim of the Genocide Convention is to prevent the intentional destruction of entire human groups. • To be considered genocide, the targeted part of the group must be significant enough to affect the group’s survival as a whole. Mar crimes · Nuremberg Chacer “(B) WAR CRIMES: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, illtreatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or illtreatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity;” > - war crimes : serious violations of customary and teaty-based IHL The Four · > - > - Geneva Conventions (1949) protection of the wounded / sic protection at sea treatment of prisoners of war > - > - protection of civilians Jadic case icry and the Statute of the ICTY – Article 2: Grave Breaches of the Geneva Conventions Article 2 of the ICTY Statute focuses on grave breaches of the 1949 Geneva Conventions during international armed conflicts. These include: • Willful killing • Torture or inhuman treatment • Unlawful deportation or confinement • Extensive destruction of property not justified by military necessity Tadić Case – A Landmark Decision The Tadić case (1995) was the first trial before the ICTY. • It clarified that International Humanitarian Law applies not only to international conflicts, but also to non-international armed conflicts (e.g., civil wars). • The Tribunal held that customary international law applies core IHL principles even in internal conflicts. • This was a milestone ruling, showing that war crimes can be prosecuted even when fighting occurs within one state. Crimes against · humanity Nuremberg Charter actice 6 , (C)CRIMES AGAINST HUMANITY: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated. > - crimes include ads murder extermination , against civilians before or during , , enslavement , and other inhumane war · icon-International criminal bribunal for the former yugoslavia , achide 5 “The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character, and directed against any civilian population: (a) murder; (b) extermination; (c) enslavement; (d) deportation; (e) imprisonment; (f) torture; (g) rape; (h) persecutions on political, racial and religious grounds; (i) other inhumane acts. “ applies to both international and internal armed conflic > - · ico adds > - : crimes “enforced disappearance and apartheid” against humanity widespread and systematic attac against : civilians with Nora knoledge of the attac armed conflic is not a precondition for such actions to be considered as crimes : against humanity Aggression > - use of force by one state against another violates is , the principles of the ur Charter what prohibit the use of force except in specific circumstances (self-defense) · Numberg Charec arride 6 , (a) CRIMES AGAINST PEACE: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;” > - agression/crimes against peace : planning preparing starting or waging a war of aggression · , , · · · creaties violating international agreements and participating in conspiracy to do so a Rome Statute of The International Criminal court article 5(a) , acognizes aggression as one of the four core crimes under ic jurisdiction > - > - i can exercise jurisdiction over a crime of conditions · un aggression bu only under specific : security council must determine that an act of aggression has actually occured under Chapter VII of the up Thacker · the ic proceed with the case only then can International Criminal Cours Treaty of Versailles 1919 • What happened: After WWI, the Treaty of Versailles introduced the concept of individual criminal responsibility in international law. • Significance: First formal attempt to hold individuals— not just states—accountable for international crimes, though limited in scope and execution. Geneva Conventions $ , 19991 6 1945 • What happened: Four treaties were adopted to protect victims of armed conflict (wounded, POWs, civilians). • Significance: Made many war crimes legally binding under international law and introduced individual responsibility for violations. ,codeo aimes f agains place and • What happened: The International Law Commission drafted a comprehensive list of crimes (e.g., genocide, aggression). • Significance: Laid theoretical groundwork for the Rome Statute and ICC. Nuremberg Chader • What happened: The Nuremberg Charter was adopted after WWII to establish a tribunal for prosecuting major Nazi leaders. • Crimes tried: Crimes against peace, war crimes, and crimes against humanity. • Significance: First true international criminal tribunal. Set precedent for individual accountability regardless of rank or state orders. ↳1977 Additional protocols g ab , Geneva Conventions What happened: Two protocols extended protections to victims of: • International conflicts (Protocol I) • Non-international conflicts (Protocol II) Significance: Recognized that atrocities also happen in civil wars, and broadened international humanitarian law accordingly. · ICTR (International Criminal Tribunal for Rwanda) What happened: Created by UNSCR 955 to address the Rwandan Genocide. Notable cases: • Kambanda: First head of government convicted. • Akayesu: First case defining genocide legally. Significance: Reinforced legal standards for genocide and rape as crimes against humanity. (International Criminal Tribunal for the Former Yugoslavia) • What happened: Established by UN Security Council Resolutions 808 & 827 to prosecute crimes during the Yugoslav Wars. • Jurisdiction: Genocide, crimes against humanity, war crimes. • Significance: First international tribunal since Nuremberg, and first to address crimes in non-international conflicts (civil war). What happened: Established under the Rome Statute (1998). • Crimes: Genocide, war crimes, crimes against humanity, aggression. Unique features: • Permanent court (unlike ICTY/ICTR) • Can act via UNSC referrals, state referrals, or proprio motu • Complementarity principle: Acts only when national courts cannot or will not prosecute. Significance: First court with global jurisdiction for the most serious crimes. Criminal Krebunals What happened: Established to continue the work of ICTY and ICTR after they closed. Functions: • Trial of fugitives • Hear appeals • Assist national prosecutions • Locations: Arusha (ICTR) and The Hague (ICTY) Significance: Ensures no impunity even after closure of major tribunals. Purpose: Created to prosecute/address serious atrocities/violations of international humanitarian law committed during the Yugoslav Wars (1990s), such as ethnic cleansing, genocide, and mass rape. Establishment: • UN Security Council Resolution 808 (1993): Called for setting up a tribunal. • UNSCR 827 (1993): Adopted the Statute of the ICTY, outlining its legal framework and procedures. Functioning: • Prosecutor could begin investigations ex officio (on their own) or based on reports and information from governments, UN bodies, or NGOs. • Prosecutors could gather evidence, summon witnesses, and build a case. • Once enough evidence was found, an indictment was prepared. • Judges could issue warrants for arrest, transfer, or detention. • Trial Chambers (Articles 18–20 of the Statute) handled the judicial proceedings. • Punishment was limited to imprisonment. • Appeals were processed by a separate Appeals Chamber. Closure: In 2010, the Security Council declared the ICTY’s mission completed. Remaining lower-level cases were handed over to national courts, mainly by 2016. International Criminal Tribunal for Chanda-ICOR (1994) Purpose: Set up in response to the Rwandan Genocide, where nearly 800,000 people were killed in 100 days. Establishment: • UN Security Council Resolution 955 (1994): Established the ICTR to prosecute serious violations of international Dhumanity, and war crimes. humanitarian law, such as genocide, crimes against Jurisdiction: Covered crimes committed: • Within Rwanda, and • By Rwandan nationals in neighboring states during the 1994 genocide. Key Cases: • Kambanda Case (1998): First time a head of government was convicted of genocide. • Akayesu Case (1998): The first legal interpretation of genocide; recognized rape as a tool of genocide. Administration: • Temporary ad interim judges were used to handle the caseload faster. • In 2003, a separate Prosecutor was appointed (independent from the ICTY). Closure: • Final trial judgment: 20 December 2012 • Final appeal: December 2015 • ICTR officially closed on 31 December 2015. Ongoing tasks were handed over to the Mechanism for International Criminal Tribunals (MICT) Mechanisms for International Criminal Tribunals - Micr (2010) Purpose: Created to carry on the remaining work and continue some essential functions of the ICTY and ICTR after they shut down. Key Responsibilities: • Handling appeals, enforcement of sentences, and monitoring cases. • Prosecuting remaining fugitives, especially high-ranking individuals. Structure: • Arusha branch (opened July 2012) handles ICTR cases. • The Hague branch (opened 2013) handles ICTY cases. Oversight: Regularly reviewed by the UN Security Council. International Criminal Court-iC (Rome Statue 1998/established in 2002) , Purpose: The ICC is the first permanent international criminal court. It prosecutes individuals—not states—for the gravest crimes: • Genocide • Crimes against humanity • War crimes • Aggression Jurisdiction: Can act when: • A State Party refers a situation. • The UN Security Council refers a case (e.g., Darfur, via UNSC 1593). • The Prosecutor initiates an investigation proprio motu (on their own)—e.g., Kenya (2010), Georgia (2016). Important Principle: • Complementarity: The ICC steps in only if national courts are unwilling or unable to investigate or prosecute a case. This often creates political or legal challenges. Structure of the ICC: 1. Presidency: Manages judicial coordination and relations with states. 2. Judicial Divisions: • Pre-Trial, Trial, and Appeals divisions with 18 judges total. 3. Office of the Prosecutor: • Carries out investigations, gathers evidence, and prosecutes cases. 4. Registry: • Handles administration (e.g., victim support, interpretation, logistics). 5. Trust Fund for Victims: • Offers reparations and assistance to victims of crimes under ICC jurisdiction. Hybrid and Internationalized DomesticYours Purpose: These courts mix international and national elements—such as judges, law, and procedure—to try serious crimes like war crimes, genocide, and crimes against humanity in post-conflict states. Examples: • Special Court for Sierra Leone (2000): Created after the civil war, prosecuted key figures including Charles Taylor. • Extraordinary Chambers in the Courts of Cambodia (ECCC): Tried Khmer Rouge leaders for genocide and crimes against humanity. • Kosovo Regulation 64 Panels & EULEX (2000–2014): Dealt with war crimes post-conflict under UN and later EU oversight. • East Timor Special Panels (1999): Set up by UNTAET to try crimes following Indonesia’s withdrawal. • Bosnia War Crimes Chamber: National chamber created to handle remaining cases after the ICTY. • Special Tribunal for Lebanon (2007): Investigated the political assassination of Rafik Hariri. • Iraqi High Tribunal (2003): Tried Saddam Hussein and other Ba’athist officials. • Serbian War Crimes Chamber:Domestic court handling cases referred from the ICTY. INTERNATIONAL ENVIRONMENTAL LAW Recognition of environmental law • • • • • • • 1972 Stockholm Conference: Birth of the UN Environment Programme (UNEP) and acknowledgment of environmental issues as global concerns. 1985 Vienna Convention: Framework to protect the ozone layer. 1987 Montreal Protocol: Agreement to phase out ozone-depleting substances (e.g., CFCs). 1992 Rio Earth Summit: Led to the Convention on Biodiversity and established the UN Commission on Sustainable Development. 1994 Global Environment Facility: Financial mechanism to support environmental projects in developing countries. 1991 Espoo (EIA) Convention: Introduced cross-border Environmental Impact Assessments. 1998 Aarhus Convention: Recognized access to environmental information, public participation, and justice as rights. Environmental · Convention on the Law of The Sea (1982) > - > - · damage E state responsibility , actide 192 states must protec and preserve the marine environment preventing pollution , overfishing and destruction of , ecosystems marine Stockholm Declaration (1972) principle 21 , > - sovereignty and responsibility states have the right to use their resources but must ensure their actions dont cause environmental harm to other countries/areas · own beyond national control iC] and Nuclear Lest case (1995) > - the ic] emphasizes that states have ongoing obligations to respec and protect the environment Environmental damage includes more than > - physical destruction ris of damage can also brigger legal responsibility and non-material harm (loss of biodiversity ( > - Convention of Long-range transboundary air pollution (1979) actice , "Air Pollution" means the introduction by man, directly or indirectly, of substances or energy into the air resulting in deleterious effects of such a nature as to endanger human health, harm living resources and ecosystems and material property and impair or interfere with amenities and other legitimate uses of the environment, and "air pollutants" shall be construed accordingly; Convention on Long-range Transboundary Air Pollution , 1979 · defines pollution broadly property , , including impacts on human health ecosystems, , and other legitimate uses of the environment Legal Standars for responsibility There are 2 approaches to how state responsibility is applied 1. Due Diligence-states are : expected totake all necessary measures to prevent environmental harm (article 194 , UNCLOS) and are only held accountable when there are actual signs of negligence/failure to act - includes monitoring regulation , , and prevention of transboundary pollution 2 absolute responsibility-state is fully liable for any environmental damage caused . by activities within itsterritory even if it Look precautions , · proving Harm-Frail Smelles Case Standar • • Harm must be shown by “clear and convincing evidence”. The Trail Smelter Case (Canada–US) set a precedent: no state has the right to use its territory to cause environmental damage to another. Liability for private across • • A state can be held responsible if its government officials cause environmental harm in another country. A state can also be responsible if its citizens or companies cause environmental damage to another country, especially if the state did not prevent it or failed to control their actions, as required by international treaties. States are expected to have approval systems (called authorization procedures) to regulate potentially harmful activities, and if they don’t, they may still be held responsible for any resulting damage. • Fransboundary harm Shazardous activities · International Law Comission a - , 1973-1977 state can be held accountable for is not prohibited causing damage even if the activity itself by It International liability for injurious consequences arising out of acts not prohibited by international law N A State can be responsible for harmful effects of acts that by themselves are not considered a breach of international law. · Draf articles (2001) > - - main obligations for states codified the obligations of states to prevent transboundary harm and establish . They require statesGo cooperative measures · · · · · · prevent harm before it happens especially in the case of hazardous activities cooperate with other states to avoid significant harm and reduce ris exercise regulatory controls (requiring prior approval for risky projects ( Environmental Impac Assessment (LIA) inform and consult with other stares that could be affected Draft principles > - , : focus on - allocation of loss what happens after harm has occured > - how responsibility and compensation should be handled between states > - to ensure fair handling of damages and support for affected countries or communities key principles of international cooperation International law encourages states to cooperate and communicate to prevent environmental harm, especially when pollution or risks might affect other countries. Use of territory and sharing information > - states must share early/clear info When activities in their . harm territory might cause beyond their borders Basel Convention (1989): • Controls the transboundary movement of hazardous waste and requires early warning to affected states. Rio Declaration (1992): • Promotes transparency and information-sharing about environmental dangers. ILA Montreal Rules & Lac Lanoux Arbitration (1957): • In a dispute between France and Spain over shared water use, it was confirmed that a state must consider the interests of other states when its actions could have cross-border effects. Environmental Impac Assessments - states are required to perform impact assessments and consult with possibly impacted stares before staring any project Convention on Environmental Impact Assessment in a Transboundary Context (1991): • Requires countries to carry out impact assessments and consult with affected states before beginning any project likely to cause cross-border environmental harm. Pulp Mills Case (2010, ICJ): • Reaffirmed that countries must evaluate and communicate risks of projects that may affect shared natural resources. Precautionary principle > - lack of scientific certainty shouldnt delay preventive action when there is risk of serious harm Rio Declaration Principle 15: • If there’s a risk of serious or irreversible environmental harm, countries must act to prevent it even if scientific certainty is not complete. • Encourages cost-effective prevention over waiting for full proof of damage. Sustainable development Rio Declaration Principle 3 and the UN 2030 Agenda (Goals 6, 13, 14): • Promote development that meets present needs without harming future generations, especially in areas like clean water, climate action, and ocean protection. • Also supported by treaties like the Climate Change Convention. The polluter pays principle Rio Declaration Principle 16: • Whoever causes pollution should pay for the damage—not the affected communities or other countries. Reflected in: • International Convention on Oil Pollution Preparedness and Response (1990) • Convention on the Transboundary Effects of Industrial Accidents (1992) Air pollution Air Pollution: What It Is • Pollution means the presence of harmful substances or heat in air, water, or land that causes negative environmental or health effects. • Air pollution happens when harmful substances get into the air and don’t disperse properly, making the air dangerous for people, animals, plants, and the climate. Key International Agreements on Air Pollution 1. Geneva Convention on Long-Range Transboundary Air Pollution (1979) • One of the first global treaties on air pollution. • Goal: Limit and reduce pollution that travels across national borders. • Promotes international cooperation to monitor and control harmful emissions. 2. Montreal Rules on Transboundary Pollution (1982) • Set out legal principles for dealing with pollution that affects other countries. Emphasize duties like: • Prior notification of risky activities, • Consultation with potentially affected states, • Cooperation to prevent and reduce harm. 3. Sofia Protocol (1988) – Nitrogen Oxides • A protocol to the Geneva Convention. • Focus: Control emissions of nitrogen oxides (NOx), which contribute to smog and acid rain. • States must adopt national plans to limit or reduce NOx levels. 4. Oslo Protocol (1994) – Sulphur Emissions • Builds on earlier agreements by setting stricter sulphur reduction targets. • Aims to prevent acid rain, which damages forests, water bodies, and buildings. • Requires regular updates and promotes sustainable emission control policies. 5. Stockholm Convention on Persistent Organic Pollutants (2001) • A global treaty to eliminate or reduce dangerous chemicals known as POPs (e.g., DDT, PCBs). These pollutants: • Stay in the environment for a long time, • Build up in animals and people, • Cause serious health and environmental problems. The treaty: • Lists the banned or restricted chemicals, • Sets rules for safely handling them, • Offers support and funding to help developing countries comply. Water pollution Water Pollution: Key Concepts • International watercourses are rivers, lakes, and groundwater systems that cross national borders. Pollution in these waters can easily affect more than one country, so international cooperation is essential. 1. Major Legal Instruments for Shared Water Pollution Helsinki Rules on the Uses of the International Rivers (ILA, 1966) • One of the earliest sets of principles. • States must use shared water fairly and reasonably, without harming others. UNECE Helsinki Convention (1992) Full name: Convention on the Protection and Use of Transboundary Watercourses and International Lakes. Requires states to: • Prevent and control pollution in shared waters. • Monitor water quality. • Cooperate through joint action and information sharing. • UN Convention on the Law of the Non-Navigational Uses of International Watercourses (1997) • Bans states from causing significant harm, including pollution, to other countries. • Promotes the sustainable use and protection of international watercourses. 2. Gabčíkovo-Nagymaros Project Case (ICJ, 1997) Dispute between Hungary and Slovakia over a dam project on the Danube River. The International Court of Justice (ICJ) emphasized: • The importance of environmental protection in shared water projects. • States must avoid transboundary harm, including pollution. • The need to balance development with environmental responsibilities. 3. Marine Pollution Marine pollution affects oceans and seas, often involving activities beyond national boundaries. Key pollution sources include: • Shipping: Oil spills, waste discharge, and emissions from vessels. • Dumping at sea: Disposing of waste into oceans. • Seabed activities: Mining, drilling, and infrastructure projects. • Land-based pollution: Runoff from agriculture, industry, and cities. • Ship responsibility: Under international law (e.g., MARPOL), flag states and port states are responsible for preventing and penalizing pollution caused by ships. Ura-hazardous wase 2 Nuclear Safety Ultra-Hazardous Waste: What It Means • Ultra-hazardous waste refers to materials that pose extremely high risks to human health, the environment, or both. • These wastes can cause serious harm if mishandled or released, especially in cases like radioactive materials. Nuclear Safety: Key Issues and Events Major Nuclear Accidents: • Chernobyl (1986) and Fukushima (2011) are two major nuclear disasters. • Both showed how nuclear accidents can have global consequences, including transboundary environmental harm and long-term health risks. Key International Treaties and Legal Actions Treaty Banning Nuclear Weapon Tests in the Atmosphere, Outer Space and Under Water (1963) • Aims to limit radioactive pollution by banning nuclear tests in sensitive global environments. Nuclear Non-Proliferation Treaty (1968) Main goals: • Prevent the spread of nuclear weapons. • Promote peaceful use of nuclear energy. • Encourage disarmament. New Zealand v. France (ICJ Cases 1973 & 1995) • New Zealand and Australia brought France to the International Court of Justice over its nuclear tests in the Pacific. • They argued the tests were harmful to health and the environment. The case reinforced key principles: • No-harm rule (states must avoid causing environmental damage to others). • Environmental Impact Assessments (EIA) must be carried out for nuclear activities. International Cooperation and Safety Standards International Atomic Energy Agency (IAEA) • Develops safety standards and technical guidelines for nuclear operations worldwide. • Supports safe nuclear energy use and reduces nuclear risks. Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (1986) • Sets up international cooperation mechanisms to help countries respond quickly to nuclear emergencies. Convention on Nuclear Safety (1994) • Focuses on preventing nuclear accidents and improving safety in civilian nuclear power plants. • Encourages information-sharing, monitoring, and peer reviews among states. Swee Space Outer Space: Who Owns It? • The short answer: No one owns the Moon or outer space. • Outer space is a global commons, meant for peaceful use and exploration by all countries. Key Legal Instruments 1. Outer Space Treaty (1967) • Foundational treaty in space law. • Says that space exploration must benefit all countries. • Bans claims of sovereignty over the Moon or any other celestial body. • Prohibits placing nuclear weapons in space. 2. Moon Agreement (1979) • Builds on the Outer Space Treaty. • Declares the Moon and its resources are the “common heritage of mankind”. • Encourages international cooperation and equitable sharing of benefits from lunar resources. Environmental Protection in Space Buenos Aires Instrument (ILA, 1994) • Highlights space debris (like broken satellites and rocket parts) as a serious and growing threat. Urges countries to: • Design satellites to reduce debris, • Plan for safe disposal at the end of missions, • Cooperate to protect both space and Earth’s environment. Dispute Resolution in Outer Space • Permanent Court of Arbitration – Optional Rules (2011) • Provides a legal framework to resolve disputes about space activities. • Useful when countries or private entities clash over satellite damage, collisions, or resource use in space. Climate Change Climate Change: Key Issues and Treaties Scientific Problems • Climate change is caused mainly by the release of greenhouse gases (like CO₂ and methane), leading to global warming, rising sea levels, and extreme weather. • Damage to the ozone layer also allowed more harmful UV rays to reach Earth, causing health and environmental risks. Ozone Layer Protection Vienna Convention (1985) • First international treaty to address the protection of the ozone layer. • Created a framework for cooperation and research but didn’t yet ban harmful substances. Montreal Protocol (1987) • Banned or reduced substances that deplete the ozone layer, like CFCs. • Considered one of the most successful environmental agreements ever. Helsinki Declaration (1989) • Strengthened global commitment to protect the ozone layer by encouraging countries to take urgent action. Climate Change Framework UN Framework Convention on Climate Change (UNFCCC, 1992) • A global treaty to combat climate change and limit greenhouse gas emissions. • Launched the Conference of the Parties (COP)—annual meetings to review progress and negotiate new measures. Kyoto Protocol (1997) • First binding agreement under the UNFCCC. • Set emission reduction targets for developed countries. • Introduced carbon trading and flexible mechanisms. Paris Agreement (2015) • A major update to the climate regime under the UNFCCC. • Goal (Article 2): Keep global warming well below 2°C, and pursue efforts to limit it to 1.5°C. • All countries set their own targets (Nationally Determined Contributions, or NDCs). • Emphasizes transparency, adaptation, and financial support for developing nations.

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