Sum and Substance Audio on International Law
Author:
Burr, Sherri L.
Edition:
3rd
Copyright Date:
2020
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17 tracks
have results for Sum and Substance Audio on International Law
Introduction 9 results (showing 5 best matches)
- Hello, and welcome to "Sum and Substance on International Law." I am Professor Sherri Burr. I imagine that many of you listening to audio book may be law students. You've sat through an entire semester of public international law, you've read case after case, treaty after treaty, and you still feel you don't quite get it. What you're missing is the big picture. Don't panic. I'm here to help.
- Some of you listening to this audio book may even be lawyers who've had an international law issue arise in your practice and you need to learn more about international law, and quickly. This audio book is for you, too.
- All who seek more information about public international law have purchased the right audio book. By listening to this material, you will learn the principles and structure of international law. I will discuss the formation of states, the creation of international law, the role of international organizations, the rights and duties of individuals, jurisdiction, conflicts and immunities, state responsibility, peaceful settlement of disputes, and the laws of war.
- Others of you listening to this audio book may be law students taking a different course like international environmental law or refugee law. If you too are looking for the big picture, you've come to the right place.
- Unfortunately, since this is not fiction, states did indeed conduct themselves as discussed in this audio book. Because state behavior and their justifications can be so outrageous, one of my international law colleagues, the late Professor Tom Franck of New York University, came up with the laughter test of international law. It goes like this. If a state issues a justification for specific behavior and the world community responds with laughter, the behavior is probably illegal. In other words, nobody bought it. They may have even wondered what the leader was smoking in his peace pipe. So that's the caveat. Occasionally, just occasionally, some of the state behavior will seem ridiculous, and that's because it is. You may be tempted to laugh. Go ahead, have a big one at some state's expense. It probably earned it.
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Conclusion 10 results (showing 5 best matches)
- In conclusion, you have been listening to "Sum and Substance on International Law." To summarize, please remember these points.
- 2. The sources of international law. States primarily create international law through their treaties and their practices. Other sources of international law may include general principles of law common throughout the legal systems of the world, the writings of scholars, and the General Assembly resolutions. If the parties agree, the International Court of Justice can apply equity to resolve a dispute. There's no stare decisis in international law, meaning that the International Court of Justice cannot make law, and it is not bound to follow its prior decisions. States must follow jus cogens norms. No derogation is permitted from the types of norms that prohibit slavery, genocide, and torture.
- 1. States are the main subjects of international law. Entities become states when they meet four criteria: they possess a permanent population; a defined territory; a government; and the capacity to interact on the international plane. States may be formed from the integration or disintegration of other states. States may also acquire territory through purchase and by discovering and occupying terra nullius, or unoccupied land. States and their governments may be recognized or not recognized. There is no duty in this regard.
- 4. Individuals. Individuals possess rights and duties under international law, which have evolved in the last century. Individuals possess nationality and human rights. Individuals also possess duties not to commit war crimes, crimes against humanity, and crimes of aggression. states have created specialized courts to enforce human rights and to punish international crimes.
- 3. International organizations. International organizations are formed by states who become their members and their primary benefactors. In the last century, states formed the League of Nations and the United Nations. The United Nations possesses 193 members. Its primary responsibility is the maintenance of international peace and security. Indeed, the United Nations was founded to save succeeding generations from the scourge of war. States also create nongovernmental organizations to address social, cultural, and economic issues such as world poverty. Additionally, states form public corporations and producer associations.
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Sources of International Law C 43 results (showing 5 best matches)
- A third example is the standards set out by the International Olympic Committee for its members and the participants. The International Olympic Committee provides participating athletes information on substance abuse and doping, and has been known to strip athletes of medals who violate these rules.
- In conclusion, the sources of international law include treaty law, customary law, general principles of law, jus cogens norms, the teachings of scholars, equity, and soft law. Courts and international tribunals use these sources of law to resolve disputes between parties.
- In addition, there are also associations of scholars. The International Law Commission is part of the United Nations and has approximately 35 members from various states. No state can have more than one of its nationals join the International Law Commission. The International Law Commission proposes draft treaties that codify public international Law.
- The International Law Association has over 1,000 members divided into branches across the world, including the American branch of the International Law Association. The American Society of International Law meets annually to consider pressing questions of international law. Many law students may be familiar with the Jessup International Moot Court Competition. The finals of this competition are held in conjunction with the American Society of International annual meeting. Justices from the International Court of Justice often participate in the final round of the competition, and this gives law students a taste of international law practice.
- Both the International Court of Justice and the United States Foreign Relations Law consider general principles common to the major legal systems as supplementary rules of law. Where did these general principles come from? During his career at Columbia School of Law, Professor Oscar Schachter set out several categories of general principles of law. He said, for example, some are founded on the very nature of humans as rational and social beings. Others have been validated throughout societies in relationships of hierarchy and coordination. Still others are intrinsic to the idea of law and basic to all legal systems.
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Sources of International Law A 41 results (showing 5 best matches)
- Moreover, the restatement of foreign relations law declares that the United States recognizes customary and treaty law as primary sources of international law. I will address customary law and treaty law before moving on to other sources of international law.
- The two primary sources of international law include customary law and treaty law. All states and their tribunals recognize these two primary sources of international law.
- Under the statute of the International Court of Justice, the court may apply international custom as evidence of a general practice accepted as law. U.S. foreign relations law also considers customary law to be a source of international law. Scholars have written extensively about customary principles.
- In this section, we discuss the sources of international law, including treaty law, customary law, general principles of law, jus cogens norms, the teachings of scholars, equity, and soft law.
- According to the Restatement of Foreign Relations Law, customary international law consists of (1) the general and consistent practice of states that is (2) followed from a sense of legal obligation. The Restatement permits general principles common to the major legal systems of the world to be invoked as supplementary roles of law.
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International Rights & Responsibilities 42 results (showing 5 best matches)
- This chapter answers all six questions. The International Law Commission, which seeks to codify customary international law, has issued draft articles on responsibility of States for internationally wrongful acts. In this audiobook, I refer to these articles as either State Responsibility Draft articles or simply Draft articles. They're available on the UN website.
- In conclusion, this chapter provides law students a framework for approaching essay questions on an exam and lawyers a framework for preparing an international legal claim before a court. Simply ask and answer the following six questions.
- Thus, if one States invades a territory of another State, the victim state has a moral responsibility to defend its territory and its people. Responding with proportionate force to repel the invasion precludes any finding of wrongfulness under international law. However, if the state’s response is disproportionate, that could give rise to a further breach under international law.
- In the Iran-Contra matter, for example, Richard Secord, a private citizen retained by the Reagan Administration to negotiate and assist with selling weapons to Iran to obtain money to support the Nicaraguan contras, became a de facto agent of the U.S. government. Because he acted on behalf of the U.S. government in carrying out his transactions, Secord's actions were attributable to the U.S. government. Although Secord’s actions may have been illegal under U.S. law, the U.S. government remained responsible under international law for his actions.
- Draft Article 7 states, "The conduct of an organ of a State, or of a person or entity empowered to exercise elements of the governmental authority, shall be considered an act of the State under international law if the organ, person or entity acts in that capacity, even if it exceeds authority or contravenes instructions." International law is concerned with whether the deeds can be linked to the State, and not whether they may be illegal under domestic law.
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Territorial Sovereignty B 38 results (showing 5 best matches)
- Certain treaties, such as boundary agreements, however, are not affected by state succession. However, if there is a legitimate boundary dispute, it can be submitted to the International Court of Justice for resolution. Rights of transit on international waterways or over another state may also be unaffected by state succession. By analogy, think of the term easement in domestic law. If a prior owner to a property has granted a right of transit over the property to get to another property, and then that property is sold, the other owner still has that right of transit over that property, and that's the way it works in international law.
- Number five, legal obligations. What happens to obligations arising from violations of international law? The general rule is that the successor has no responsibility under international law for international delicts of the predecessor unless the claim has been reduced to a monetary judgment and is considered a debt. The predecessor state continues to be responsible for its international law violations.
- Regarding general international law, the ICJ looked to past state practices, the international law of self-determination, and past instances in which the Security Council condemned particular declarations of independence, and determined that declarations of independence were widely used in the past and not contrary to international law. Further, it stated that because Kosovo’s UDI differed from past condemned declarations of independence, no prohibition of it could be concluded from the practice of the Security Council. For those reasons, the Court concluded that general international law was not violated by Kosovo’s UDI.
- With separating states, all treaties also continue in both territories unless a treaty is related to a particular part of the territory. Then it moves with the new territory. More information about this issue can be found in the Vienna Convention on the Succession of States in respect to Treaties, which entered into force on November 6, 1996. It codifies customary international law, and thus its underlying provisions bind states, even if they have not ratified the Convention.
- Recognition occurs when one state acknowledges that another state possesses the essential elements of statehood. There are two views on recognition. With the constitutive view, the act of recognition by other states constitutes the new state and confers international legal personality on the entity. Under the declaratory view, states merely declare what already exists by their act of recognition. With the declaratory view, the existence of a state depends on the facts and whether those facts meet the criteria of statehood. Once the entity meets the four criteria, which we discussed earlier, it becomes a state and it may exist without being recognized.
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Individuals B 41 results (showing 5 best matches)
- These treaties and covenants may be enforced in national courts if the state is a party, or in specially delineated human rights courts such as the European Court of Human Rights and the Inter-American Court of Human Rights. In summary, we have discussed both the rights of individuals under international law, including their nationality rights and their human rights, as well as the duties of individuals under international law, including the international legal responsibility of individuals who commit piracy, hijacking, genocide, torture, or violations of the laws of war. We have also discussed the International Criminal Court, the extradition process, and the problems that terrorists and terrorism pose for international law.
- When charged with these crimes, the men put forth two common defenses. First, they proclaimed their acts were acts of the sovereign state and thus only the state was responsible. Second, they asserted that international law cannot punish human beings, only states can. The Nuremberg Tribunal rejected these defenses. It said that international law imposes duties and liabilities upon individuals as well as on states. Sovereign immunity cannot be used by individuals to escape acts condoned as criminal. The tribunal also responded that men, not abstract entities, commit crimes, and therefore, only by punishing individuals can the provisions of international law be enforced.
- The International Criminal Court is sometimes referred to by its acronym, the ICC. It was created by states to provide a permanent forum for punishing individuals for international law violations. Its goals include: (1) justice and punishment; (2) deterrence; (3) recordkeeping; and (4) the progressive development of international law.
- Between Nuremberg and the International Criminal Court, the UN Security Council also established an international criminal tribunal for the former Yugoslavia in 1993, and an international criminal tribunal for Rwanda in 1994. These tribunals prosecuted individuals accused of committing genocide and violations of international humanitarian law.
- When soldiers torture questions arise under international law as to what extent are those acts attributable to the state? If the individual's acts can be attributed to the state of nationality, either because they legally, or de facto, represent the state, then the state can be held responsible for the crime of torture. Even if torture was sanctioned by a government, the torture is still illegal under domestic and international law. So the torturer may be held responsible under both domestic law and under international law, and the state may be sanctioned if the torturer’s acts can be attributed to the state.
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Sources of International Law B 54 results (showing 5 best matches)
- A court may also take into account the practice of the parties and the relevant rules of international law in interpreting their treaties. A unilateral interpretation of an international agreement, whether made by the executive, legislative or judicial organs of one of the contracting states, is not binding on the other contracting state.
- Otherwise, a state could be held responsible under international law for performing its obligations to the other parties to the treaty. This issue of treaty denouncement or suspension arose in the case concerning the Gabcikovo-Nagymaros Project. Hungary and Czechoslovakia had entered into a treaty on September 16, 1977, to provide for diversion of the Danube River, which formed the countries common boundary for approximately 85 miles, and to build structures.
- In an international case interpreting the UN Convention on the Prevention and Punishment of the Crime of Genocide, the International Court of Justice issued a judgment in 2007. All the parties were successor states to the former Yugoslavia. Jurisdiction was based on Article 9 of the Genocide Convention. Bosnia & Herzegovina sued Serbia & Montenegro, seeking a determination as to whether Serbia was responsible for genocide during the 1992-1995 war in Bosnia under duties established by the Genocide Convention. The ICJ had to consider whether the Genocide Convention provided for the responsibility of states for acts of genocide. It held genocide did occur during the Bosnian war and that states could be held directly liable for acts of genocide, even if no individual was convicted of the crime or an associated crime. However, the Court ruled that Serbia had neither committed, nor conspired to commit, nor had been complicit in genocide, but it had breached its obligation to prevent...
- A state has the option to withdraw from a treaty according to its terms and not incur international responsibility. After the ICJ decided in 2004 that the United States must provide new hearings for 51 Mexicans on death row in the United States, the United States withdrew from the optional protocol to the Vienna Convention on Consular Immunities that gave the tribunal jurisdiction to hear such disputes. The United States possessed an international legal right to withdraw from the optional protocol.
- Only the leader with capacity to speak for the state can sign a treaty binding the state. Otherwise, the treaty is considered ultra vires, which is a Latin phrase, indicating leaders acted outside of their capacity under internal law. The term ultra vires also surfaces in corporate law to refer to corporate officers who act outside their official scope of duties. In international law, only leaders who have the capacity to speak for the state can bind the state.
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The Historic Foundations of International Law 13 results (showing 5 best matches)
- International law developed out of wars and efforts to trade. It has advanced it principles to regulate wars and trade among nations, recognizing that trade is best carried out among nations at peace. The main wars that gave rise to international law include both those among European states and those between European states and the indigenous people they encountered in, what were for them, new worlds.
- St. Augustine, who lived from 354-430, suggested that wars consistent with Christian values might be considered just. The concept of a just war has been debated throughout history. Two theorists, Francisco de Vitoria and Hugo Grotius, both advanced the principles of International Law. This book refers to Vitoria, who lived from 1480 to 1546, as the Spanish father of international Law, and to Grotius, who lived from 1583 to 1635, as the Dutch father of International law.
- During the same time, international law evolved to recognize that individuals possess human rights that must be protected by their states and can be enforced against their states. Simultaneously, the world community recognized that individuals have the capacity to inflict enormous terror on states. In response, individuals are required not to engage in international crimes, such as war crimes or crimes against humanity. If they do, any country may assert jurisdiction no matter where the crime took place.
- His philosophy provides direction for an international legal system founded on peace and security. During peace time, such as during the 2020 coronavirus outbreak that infected millions of people across countries on all continents, nation states should endeavors to assist each other for the common good of humanity. For example, cooperation by sharing information on treatments and the development of vaccines during a viral outbreak can potentially contain the spread of a virus.
- The Peace of Westphalia, which brought to conclusion the Thirty Years War among European States, also advanced principles of public international law. The 1648 Peace of Westphalia was a series of treaties to end the conflict that had begun in 1618 between the Holy Roman Empire (which by 1648 consisted primarily of Germany) and several European states, namely Spain, France, and Sweden. Because the war lasted so long, the Peace of Westphalia is sometimes referred to as “The Peace of Exhaustion.”
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Individuals A 22 results (showing 5 best matches)
- 3. Limitations on nationality. There are limitations on conferring nationality. The Convention on Nationality Conflicts provides under Article 1 that each state determines its nationals so long as its nationality laws are compatible with international law. Regarding nationality conflicts, a person having two or more nationalities may be regarded as a national of all, depending on each state's law.
- Individuals can do the following: (1) possess nationality rights, (2) own property, which international law protects, (3) commit war crimes, crimes against humanity, and crimes of aggression, which could subject them to national or international consequences, and (4) possess human rights, which they can enforce in domestic courts or human rights courts. Only in these courts can individuals sue their national state or another state for human rights violations.
- Liechtenstein responded that Guatemala was precluded from attacking Nottebohm's nationality because it had acknowledged it on several occasions, when it granted him a visa based on his Liechtenstein passport. The International Court of Justice rejected Liechtenstein's claim and agreed that Guatemala did not have to recognize Liechtenstein's title to exercise protection over Nottebohm. Under international law, nationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interest and sentiments, together with the existence of reciprocal rights and duties.
- 2. The right to a nationality. Article 15 of the Universal Declaration of Human Rights declares that everyone has a right to a nationality, no one shall be deprived of his nationality, and no one shall be denied the right to change his nationality. Under the American Convention on Human Rights, every person has a right to nationality and particularly, the right to the nationality of the state in whose territory he or she was born if he or she does not have the right to any other nationality. Nationality is important because international law abhors statelessness, or people without a country. The United Nations Convention on the Reduction of Statelessness requires states to grant nationality to persons born in their territory, such as foundlings or abandoned babies, who would otherwise be stateless.
- Nottebohm acquired German citizenship on his birth in Hamburg, Germany in 1881. He moved to Guatemala in 1905 and established his primary residence and place of business there. After Germany annexed Poland in 1939, Nottebohm applied for Liechtenstein nationality. After the payment of a considerable sum, Liechtenstein waived its three-year residency requirement, and Nottebohm swore an oath of allegiance to Liechtenstein two weeks after his initial application.
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International Dispute Settlement 17 results (showing 5 best matches)
- As discussed previously, states can also sue other states in the International Court of Justice to resolve their disputes. Most appropriate for judicial settlement are disputes involving interpretations of treaties and questions of general international law, such as customary law, treaty law, or general principles of law. If both parties agree, the ICJ can apply equity to resolve their disputes and decide the nature or extent of reparations to be made for a breach of an international obligation. The ICJ can recommend monetary damages, or satisfaction.
- When countries experience conflict with each other, their first goal should be to resolve their disputes peacefully. Indeed, states have an obligation under the United Nations Charter to settle their disputes peacefully. Article 2(3) says that states are required to settle disputes peacefully in a manner that does not endanger international peace and security. Article 2(4) requires states to refrain from the threat or use of force.
- An individual, a committee, or an institutional body can conciliate disputes. Conciliation commissions have been established to resolve both international conflicts and domestic clashes encompassing extreme strife between internal groups. Conciliation methods seek amicable or friendly resolution of the dispute between the parties. Conciliation commissions may resolve either a single conflict or a series of disputes.
- In conclusion, settling disputes peacefully is required of states and they have many options to accomplish this international legal obligation.
- With a three-person arbitration panel, each state picks an arbitrator and the two arbitrators jointly pick the third arbitrator. All three arbitrators decide how the proceedings will be conducted, and what kind of evidence will be gathered. They hear evidence and decide the case. Arbitration may be binding if both states agree in advance not to appeal the decision or it may be non-binding with states having a right to appeal the outcome to a tribunal such as the International Court of Justice. In some instances, the ICJ picks a sole arbitrator to arbitrate a dispute between two states.
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International Organizations 54 results (showing 5 best matches)
- In the 1948 proceedings concerning reparations for injuries suffered in the service of the United Nations, the ICJ considered a request for an advisory opinion on several questions. The first issue concerned whether the UN had international legal capacity to bring claims against the de facto or de jure government for injuries to itself or its agents. The court answered "yes." The United Nations is an international legal person. As a subject of international law, the UN possesses international rights and duties, including the capacity to maintain its rights by bringing claims. This international legal personality permits the UN to carry out its duties.
- The ICJ primarily decides disputes between countries. These are known as contentious cases. There is no stare decisis requiring the court to follow its prior opinions or precedent in international law. The ICJ cannot make international law, rather it determines the law that states have created through their treaties, customary practice, and other sources indicating state consent. It then applies the relevant law to resolve disputes.
- Previously, I have referenced both the International Court of Justice and its predecessor, the Permanent Court of International Justice. The Permanent Court of International Justice was set up by the League of Nations, and the International Court of Justice by the United Nations.
- The following international organizations are linked to the United Nations through cooperative agreements: the International Monetary Fund, the World Bank, the World Health Organization, the International Civil Aviation Organization, the International Labour Organization, and the Universal Postal Union. All of these organizations are autonomous bodies created by intergovernmental agreements, with wide-ranging international responsibilities in the economic, social, cultural, educational, health and related fields.
- When a vacancy occurs for the United States judge, for example, the State Department legal advisor may form a committee to solicit nominations and recommendation letters. Some international law professors have been known to actively campaign for the position by calling their acquaintances all over the country, while others prefer to rest on their laurels. The committee provides a recommendation to the Legal Advisor, who ultimately forwards a recommendation to the President, who communicates the nominee's name to the U.S. Representative to the United Nations. Joan Donaghue, a former Deputy Legal Advisor at the US Department of State, was elected the U.S. judge on September 9, 2010 to finish a predecessor’s term, and then reelected to a full term in in 2015.
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International Jurisdiction, Conflicts & Immunities A 47 results (showing 5 best matches)
- The ICJ may have jurisdiction over legal disputes concerning: (1) the interpretation of a treaty; (2) any question of international law; (3) the existence of any fact which would constitute a breach of an international obligation; and (4) the nature and extent of the reparation to be made for a breach of an international obligation.
- When two or more states can exercise jurisdiction over the same set of facts, such as the hypothetical about an Austrian manufacturing Swiss Francs in China, these circumstances can create conflicts. International law has devised two principles of international comity and forum non conveniens to determine which of two or more forums would be the most appropriate.
- What happens if there’s a collision between two vessels that are flying different flags? Who has jurisdiction? These issues arose in 1927 when the French steamer, the S.S. Lotus, and a Turkish steamer, the Boz-Kourt, collided on the high seas. The Turkish steamer sunk, taking with it eight Turkish citizens. The French steamer sailed to Constantinople, where the Turkish authorities instituted criminal proceedings against Lieutenant Demons, the French officer of the watch. France sued in the Permanent Court of International Justice and questioned whether Turkey could exert jurisdiction over Lieutenant Demons. France claimed that since Demons was a French citizen, it, alone, had jurisdiction over him under the nationality principle. Additionally, since the vessel was a French-flagged vessel, France had sole jurisdiction over the ship, particularly since the collision took place on the high seas. Turkey claimed jurisdiction because the victims were Turkish, unless its jurisdiction...
- Under the comity principle, one nation accords respect to the legislative, executive or judicial acts of another nation. Courts balance international duty and convenience with the rights of its own citizens. Courts have discretion to hear or dismiss a case on comity grounds. To enforce foreign judgments and awards in another country's territory requires comity between nations and the willingness of courts to recognize and give effect to other court's actions. This recognition promotes cooperation and serves justice in fair play by ensuring that disputes are tried only once.
- The International Court of Justice is the judicial arm of the United Nations, and the successor court to the Permanent Court of International Justice established by the League of Nations.
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States 40 results (showing 5 best matches)
- Fourth, the capacity to operate on the international plane. The government must be competent to conduct international relations with other states and international organizations. It must possess the ability to negotiate and enter into treaties with other states and enjoy privileges and immunities within other states. This includes the privileges to assert sovereign immunity for its governmental acts or to send diplomats to other countries.
- A global pandemic, which began with the 2019 spread of the SARS-CoV-2 virus (or COVID-19) exposed that the size of a country does not matter. By July 2020, the United States, with five percent of the world’s population, possessed over 25% of those individuals infected with COVID-19 and who died from the disease. Sadly, my high school classmate, Humberto “Junior” Trujillo who was the Phoenix, Arizona, Postmaster, succumbed to complications associated with the disease. In high school, Junior made me and other classmates laugh, often, with his constant irreverent humor. I dedicate this audio book to Junior Trujillo, Maria Salaman, the mother of my Yale Law School classmate, and all others who lost lives to COVID-19.
- In conclusion to this issue of state formation, please remember that whether or not a state has become such depends on whether it meets the four criteria of having a permanent population, a defined territory, and a government that's capable of interacting on the international plane.
- To summarize, for an entity to become a state, it must meet the four criteria of possessing: one, a permanent population; two, a defined territory; three, a government, and four, the capacity to operate on the international plane.
- A state may cede part of its capacity to conduct international relations to another state without affecting its status as a state. For instance, during the time when there were no diplomatic relations between the United States and Cuba, the United States government requested that Switzerland conduct relations with Cuba on its behalf. The Swiss embassy accredited U.S. diplomats and represented U.S. interests in Cuba. The United States did not lose its status as a state because it gave up its capacity for this one situation for a period of time. Diplomatic relations between the United States and Cuba were restored on July 20, 2015, although some economic tension remains. If, however, a government were to cede its capacity to conduct all foreign relations to another state, then its status as a foreign nation would come into question.
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The Laws of War and the Use of Force 35 results (showing 5 best matches)
- International law also regulates weapons used during times of war. The goal is to eliminate the types of weapons that cause unnecessary suffering. For example, some rules ban dum-dum bullets, which expand on impact and create a great wound in the soldier.
- This is the last chapter in this audio book. Wars involve mass violence. Wars have been started by insult, fear, greed, you name it. They've been justified by God, Allah, and Buddha. In his 1790 State of the Union Address, United States President George Washington said, “To be prepared for war is one of the most effectual means of preserving peace.” No matter what the reason, wars are a slippery slope of human atrocity because once a state launches a war it has no control over all the consequences. There will be unintended consequences. Even if a state “wins” a war, it suffers negative effects on its economy and people. The winning state may also have to help clean up damage in the conquered state.
- International legal rules were developed to limit the spread of, and the harm from, war. Belligerent states were required to recognize the dichotomy between war and peace. To do this, they were required to declare war. If they declared war on another state, then the conduct of war rules came into being. Declarations of war theoretically separated belligerent states from peaceful ones.
- International law addresses the legal definition of war, and the conduct of war rules.
- The Hague Conventions of 1899 and 1907 regulate the conduct of subsequent wars. The annex to the 1907 Hague Convention respecting the laws and customs of war on land provided that the rights, laws, and duties of war apply not only to armies but also to militia and volunteer corps. Groups acting like armies cannot escape from being regulated by not calling themselves an army.
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Territorial Sovereignty A 22 results (showing 5 best matches)
- Third, in earlier times states could acquire territory by discovering and occupying uninhabited territory. International law deemed such territory as terra nullius. This means that no one occupied a particular territory.
- When land is considered terra nullius, any state may claim sovereignty over the area through a combination of discovery and continuous occupation. As Vitoria, the Spanish father of international law, indicated in his book On the Indians Lately Discovered, when the Spanish encountered Indians in the New World, they could not claim their territory as their own because the Indian Territory was occupied. Thus, the only way the Spanish could claim Indian Territory is if the Indians ceded the territory to them in treaties. Vitoria also thought Indians had a duty to allow the Spanish to proselytize them, or preach the gospel to them. If they didn't do so, according to Vitoria, then the Spanish could declare a just war and conquer the territory.
- The Permanent Court of International Justice said that Norway was required to base its claim on, one, discovery, and two, continued display of authority. To satisfy the latter, Norway could demonstrate (a), intention and will to act as a sovereign, and (b), some actual exercise or display of authority. Denmark asserted that its claim to title over Eastern Greenland was founded on peaceful and continuous display of state authority over the island. Denmark showed that it had established colonies on Greenland after its initial discovery as early as the 10th century. These colonies have subsequently vanished, but it indicated the time of discovery and also that Greenland made an effort to occupy the territory.
- After reviewing the evidence, the Permanent Court of International Justice ruled that Norway's proclamation of July 10, 1931, was invalid. It also stated that Denmark possessed a vital title to sovereignty over Greenland. Denmark had discovered Greenland and displayed continuous authority over the island. Many of you may know that Greenland is the largest island in the world with 856,000 square miles. One of the ironies of description is that Greenland is mostly ice and Iceland is mostly green.
- Another issue that comes up with territorial sovereignty has to do with the nature of how the territory can be occupied. In the Western Sahara case that was brought before the International Court of Justice for an advisory opinion, the court discussed whether that territory was terra nullius when Spain discovered it in the 1800s, and the court concluded that it was not terra nullius because the Sahrawi people occupied the territory according to how the water flowed in the desert. They would go from waterhole to waterhole to be able to cultivate their plants and feed their animals and themselves and also to water themselves and their animals and their plants This was done according to time periods. So there were time periods when certain waterholes had water and other time periods when other waterholes had water. So it's possible that the Spaniards could have come to the territory at a time when the people were at a different waterhole, and the court said that's not terra nullius...
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International Jurisdiction, Conflicts & Immunities B 27 results (showing 5 best matches)
- The 2004 case of Mexico vs. the United States tested the role of consuls in assisting their citizens. Mexico sued the U.S. in the International Court of Justice, charging that the United States violated the Vienna Convention on Consular Relations. Mexico based jurisdiction on the same optional protocol that the United States used to sue Iran. Mexico claimed the U.S. arrested, detained, tried, convicted and sentenced 54 Mexican nationals to death in violation of its international obligations to Mexico under Articles 5 and 36 of the Conventions. Under Article 5, the sending state can protect its nationals. Under Article 36, the sending state can communicate and contact its nationals, and has the right to be informed when its nationals are arrested, committed to prison, or detained in any manner. The United States denied that it owed such obligations to dual nationals.
- In Banco Nacional de Cuba vs. Sabbatino, an American commodity broker complained about Cuban Law No. 851, which gave the Cuban President and Prime Minister discretionary power to nationalize, by forced expropriation, property or enterprises in which American nationals had an interest. The U.S. Supreme Court noted that while the act of expropriation may be offensive to the public policy of this country, the Act of State doctrine prohibited U.S. jurisdiction. Even if the U.S. State Department may proclaim an act to be a violation of international law, the courts of the United States will not judge the acts of a foreign sovereign.
- The customary law of diplomatic immunity was codified in the 1961 Vienna Convention on Diplomatic Relations. This convention has been ratified by most states, and constitutes one of the most widely accepted conventions. Article 29 states that the person of a diplomatic agent shall be inviolable, and cannot be arrested or detained. The receiving state shall treat diplomats with respect, and take all appropriate steps to prevent attacks on them and their freedom or dignity.
- In W.S. Kirkpatrick & Co. vs. Environmental Tectonics Corporation, International, the U.S. Supreme Court held that the Act of State doctrine had no application where the validity of no foreign sovereign act was at issue. Nigerian officials contracted for the construction of an aeromedical center at an Air Force base in their country and obtained bribes or commissions equal to 20% of the contract price. The Court noted that all parties agreed that Nigerian law prohibits both the payment and receipt of bribes in connection with the award of a government contract. Thus, because no foreign sovereign act was at issue, rather, the private acts of individuals, U.S. courts could exercise jurisdiction over the Kirkpatrick dispute.
- The 1963 Vienna Convention on Consular Relations was passed two years after the Vienna Convention on Diplomatic Relations. Consuls are concerned with international economic relations rather than political relations between the two countries. Consuls are accorded the same immunity as diplomats. Consuls have two primary immunities: (1) the inviolability of consular archives, and (2) the immunity of consuls for official, but not personal, acts. A state can tow a consul’s illegally parked car in a handicapped zone without a handicapped sticker, but not a diplomat’s illegally parked car in the same zone. The diplomat is completely immune from criminal jurisdiction, but the consul is not. The consul is only immune for official acts.
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- Publication Date: September 23rd, 2020
- Subject: International-Public
- Series: Sum and Substance Audio
- Type: Audio Lectures
- Description: This audio presents an overview of international law for students taking the basic course in public international law or a seminar in a boutique course like international environmental law or refugee law. The audio is also appropriate for lawyers who find themselves working on a case and need a quick overview of international law, or for public citizens concerned about war and other conflicts between nations. The audiobook discusses how states form, create laws, interact with individuals, and wage war. Listeners will obtain a framework for answering essay questions on exams and structuring briefs for practice before international courts and tribunals.
