Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
172 Cards in this Set
- Front
- Back
|
What was the Avena case? |
-Mexican commits crime in Texas -Texas fails to notify accused Mexicans of their right to a counsel and puts them on death row -Mexico complains and files a suit at the ICJ -ICJ says the US in violation of intl. law and must find a remedy -Bush orders Texas to comply and Texas goes to the Supreme Court -Supreme court says that the Constitution does not permit a president to order a state to do this -Texas executes the convicted person |
|
|
What is the monist school of thought? |
-There is only ONE legal order -Intl. law at the top and national law under it -It is 'vertical' -It must be automatically applied by the states |
|
|
What is the dualist school of thought? |
-Intl. law is the law between states, not on top -It is horizontal -Only applied domestically by states if they adopt it into national law |
|
|
What is a country with an extreme dualist view? |
-The UK -Crown has prerogative to enter into any treaty without the need for parliamentary consent (No treaty has any affects in the UK until Parliament passes legislation) |
|
|
What is a country with an extreme monist view? |
-Netherlands -Treaties agreed by government must be ratified (approved) by parliament -When they are adopted they override domestic law |
|
|
What does German basic law say? |
Intl. law is equal to national law, but courts are not able to enforce intl. law to violate the German constitution |
|
|
What does the French constitution say? |
Treaties are higher than national law, but that certain types of treaties require adoption by an act of Parliament |
|
|
What is the American 'self-executing' approach? |
Intl. law may be directly applicable in the domestic legal order if the treaty language provides for it explicitly |
|
|
What is intl. legal order? |
Will not care why the state is violating intl. law. State cannot argue that it is permitted to violate intl. law because its internal law requires it to do so. So it will be held responsible under intl. law. |
|
|
What is domestic legal order? |
May or may not accept intl. law as directly overruling their law; if it does then it is because the domestic law requires it to follow intl. law. If it does not then it is because domestic law does not permit the state to act in that way. |
|
|
How old is international law? |
-Ancient and medieval times -4000 years ago treaty between ancient kingdoms in Mesopotamia (modern Iraq) -2000 years ago in China, India, and Ancient Greece -Later in Roman and Muslim states |
|
|
What was intl. law like during the Renaissance? |
-Grotius- Father of intl. law -Assertion that law does not come from God -Distinction of the just and unjust war -Freedom of the high seas |
|
|
What is natural law? |
-Universal laws coming to us naturally through logic and morality |
|
|
What is positive law? |
-Laws created by sovereigns -We can find the law by examining what states do, so we take a look at treaties and customary practices of states |
|
|
What was the 1648 "Peace of Westphalia"? |
-Treaties of Munster and Oshabruck -Ended the Thirty Years War -Accept the idea of a community of states interacting as equal sovereigns |
|
|
Who was Napolean? |
-French Rev. was based on human rights ideals, but Napolean took power -Conquers almost all of Europe before being defeated |
|
|
What occurred after Napolean's defeat? |
-Intl. conference- -Congress of Vienna to discuss matters |
|
|
What was the concert of Europe? |
-European balance of power among equal states |
|
|
What occurred in the modern era? |
-Use of intl. conference to discuss matters (Vienna) -Concert of Europe -Increased use of treaties to accomplice objectives from delivery of mail to conduct of war -Creation of first intl. organisations such as: Postal Union, Red Cross, Telegraphic Union |
|
|
How was intl. law very Euro-centric? |
-Democracy spread throughout the European world, as well as nationalism, revolution, and the seeds of the notion of "self-determination" |
|
|
What did the non-European world see? |
-Increased colonization |
|
|
Why was the League of Nations created? |
-To uphold the peace |
|
|
Where was the League of Nations based? |
-In Geneva at the Palais des Nations |
|
|
What was the problem with the institutions created after WW1? |
-Were not strong enough to ensure peace and Europe experienced WW2 |
|
|
What was created after WW2? |
-The United Nations |
|
|
How many members are in the UN Security Council? |
-Five permanent members with veto power (UK, USA, China, USSR, France) -10 non-permanent members without veto |
|
|
What does the UN Security Council do? |
-Issues binding resolutions that must be followed to protect intl. peace and security |
|
|
How does voting in the General Assembly work? |
-One vote for each state that's a member of the UN |
|
|
What does the General Assembly do? |
-Can issue non-binding resolutions on a wide range of matters |
|
|
What does the ICJ do? |
-Can issue binding decisions that states mutually consent to submit to the court -No individuals! No NGOS! ONLY STATES -Can issue advisory opinions on questions of law to organs of the UN |
|
|
What two big trends characterised the UN for most of its history? |
1. Cold War- attacking the intl. legal system -Communist or socialist legal approach -East-West stalemate at UN 2. De-colonization- attacking certain intl. laws -Criticism of intl. law being "European" or even "Christian" |
|
|
What are some recent trends of intl. law? |
-Globalization ~ Interdependence of states, individuals, intl. organisations, corporations, cultures ~"Westernization" of the world -Expansion of intl. legal topics ~Human rights and intl. criminal laws as new perspective of intl. law; the individual, no longer primarily focused on relations between states ~Increased interest in new topics such as environmental law, blood diamonds, etc. -Growth of intl. organisations ~Almost all states are member of the UN ~Many organisations such as: UN, AU, NATO, etc. ~Growth of judicial tribunals such as: ICC, WTO, etc. ~Use of intl. peacekeeping groups |
|
|
When is killing in circumstances of armed conflicts considered lawful? |
-If you are a combatant and they are as well |
|
|
What is a monist country? |
-Once they ratify a treaty or becomes intl. law it is immediately applicable in their domestic system |
|
|
What is a dualist country? |
-Do not themselves feel obliged by intl. treaties until the parliament (or other organisation) passes that legislation |
|
|
What did John Austin have to say? |
-Intl. law is written morality -Thinks it is not law because you can't make people oblige to it -Thinks is law when there are threats behind it |
|
|
What is a source of law? |
-Where the law comes from |
|
|
What sources to argue in court? |
-State law -Wole Soyinka -State Constitution -EU law -Intl. law |
|
|
What makes certain rules "law" as opposed to just informal rules? |
-Some agreement in society about which rules are legitimately "legal" (and which are not) |
|
|
Where does state law come from? |
-State Constitution provides for a legislature to write laws, an executive to enforce them, etc. |
|
|
Where does intl. law come from? |
-Article 38 of the Statue of the ICJ (sources of intl. law) |
|
|
What the the sources of intl. law? |
1. Intl. conventions 2. Intl. custom 3. General principles 4. Judicial decisions and teachings of the most highly qualified publicists |
|
|
What sources of intl. law are most important? |
1, 2, and 3 are of equal importance |
|
|
What is customary intl. law? |
-States are immune from lawsuit -Not immune for intl. trade issues |
|
|
What is treaty law? |
-Two states agree in trade treaty to treat each other with immunity |
|
|
What is lex specialis? |
-The rule that is more specific for the specific case wins -Specific rule > less specific rule |
|
|
Why are treaties often applied over other law? |
-Because treaties are usually more specific than general customary law |
|
|
What is lex posterior? |
-The rule that is later in time and reverses the earlier rule wins |
|
|
What is lex superior? |
-The superior law wins -Higher law > lower law |
|
|
Are there superior laws in intl. law? |
-Yes, there are laws that are higher than other laws |
|
|
What are the superior laws in intl. law called? |
Jus Cogens |
|
|
What is the problem with Jus Cogens? |
-There is no established list of them |
|
|
What is the argument about Jus Cogens? |
-Some argue that the list is short -Some argue that the list is long (should include more things) |
|
|
What is a treaty? |
-An intl. agreement governed by intl. law and concluded in written form -Between one or more sates and one or more intl. organisations; or between intl. organizations |
|
|
What are the elements of a treaty? |
1. Intl. agreement 2. Concluded between sates and/or intl. organisations 3. In written form 4. Governed by intl. law |
|
|
What are the clarifications of a treaty? |
A. Whether bodied in a single instrument or in two or more related instruments B. Whatever its particular designation |
|
|
What is an "intl. agreement"? |
-Compare to a contract -All parties must be talking about the same thing and agree on it -Has to have agreement involved |
|
|
What is NOT a treaty? |
-Oral agreements |
|
|
What are Memorandums of Understanding? |
-Documents that look like treaties but are NOT legally binding |
|
|
It does not matter if a treaty is called a treaty as long as... |
-It qualifies as a treaty under intl. law |
|
|
Does a treaty need to be signed and ratified? |
-No, but they usually are -Only needs some evidence of consent |
|
|
What are the means of consent to a treaty? |
-Signature -Exchange of diplomatic notes -Ratification, acceptance or approval by the state -Instrument of accession -Notification of succession -Any other means the states agree on |
|
|
What is the Vienna Convention on the law of Treaties 1969? |
-Treaty that regulates other treaties |
|
|
What is "pact sunt serva"? |
-Agreement must be followed |
|
|
What is "res interior"? |
-Only parties involved are affected |
|
|
What is "lex posterior?" |
-Earlier law will be replaced by later law |
|
|
What is "lex specialis"? |
-Specific law governs over general law |
|
|
What is "lex superior"? |
-The superior law wins |
|
|
Can oral agreements be binding? |
Yes |
|
|
Who can bind a state? |
-Head of state, government, minister of foreign affairs -Heads of diplomatic missions (e.g. ambassadors) -Accredited representatives to an intl. conference -Everyone else (if they have "full powers") |
|
|
What is a voidable treaty? |
-Exists for now, but can be cancelled later |
|
|
What is an inapplicable treaty? |
-Exists and still exists, but something prevents us from applying it, i.e. its application is blocked |
|
|
What basis for regarding a treaty is valid? |
-Jus cogens= YES -Mutual suspension or termination= NO -Eclipsed by customary intl. law= NO -Conflict with internal law= NO -Material breach by one side=YES -Ending diplomatic relations= NO -Correction= YES -Error, mistake, etc= YES -Impossibility= YES -Fundamental change in circumstances= YES |
|
|
What is a reservation? |
-A statement by one party that it proposes to alter the legal application of treaty provision(s) to it |
|
|
What is a reservation for a bilateral treaty? |
-Reservation is simply a new offer for a new treaty |
|
|
How is a reservation for a multilateral treaty different? |
-More complicated |
|
|
What is an example of a reservation? |
-1961 Vienna Convention said "the diplomatic bag shall not be opened or detained" -1971- Bahrain said "we reserve the right to open the diplomatic bag if there are serious grounds that it contains articles the import or export of which is prohibited by law" |
|
|
Can reservations be prohibited or invalid? |
-Yes, must be valid -If not permitted by treaty text -If not permitted by relevant intl. organisation -Jus cogens, "treaty is void" -If not permitted by object and purpose of the treaty |
|
|
Does a reservation go into effect if valid?
|
-Not yet, look to acceptance or objection |
|
|
What is an objection/acceptance of reservations? |
-Reservation accepted by a state then applies between the two states that agreed to it (and them only) -Reservation objected to by a state (state can object for any reason) then the state must choose: 1. State may consider the other state not a party in their relations 2. May consider the other a party, but the reservation does not apply |
|
|
What if the other states are silent during reservation objection/acceptance? |
-Considered as accepted after 12 months silence |
|
|
What is an example of reservation objection? |
-Bulgaria found Bahrain's reservation to be invalid -But Brazil was silent so that equaled acceptance |
|
|
What is the "easy way" of reservation? |
-States always get their reservation somehow -If invalid, then not a party and not bound to the treaty- reservation not needed -If valid and accepted, state gets its reservation -If valid but objected to then states either: a. A party to the treaty, then state gets its reservation b. Not a party so not bound- reservation not needed |
|
|
What are the problems with interpretation of treaties? |
-Multiple versions in different languages -Unclear text, common words, footnotes? typos? -Unclear what the drafters intended -Text not in conformity with the purpose of a treaty (e.g. human rights treaty that permits states to execute criminals) |
|
|
What is an example of treaty misinterpretation? |
-"Spanish airplanes can land in our territory" -But what is considered an airplane? -What is territory? -What is landing? -What is Spanish? |
|
|
What are the four interpretive approaches to treaties? |
1. Text (what the treaty words say) 2. Context (related treaties and resolutions, subsequent practice, other related rules of intl. law) 3. Object and purpose (goal the treaty attempts to accomplish, e.g. as stated in the preamble) 4. Intent of the drafters (what the drafters hoped to accomplish) |
|
|
What is the general rule of interpretation (as stated by the Vienna Convention)? |
-"A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose" |
|
|
What is supplementary means of interpretation (as stated by the Vienna Convention)? |
-"Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article 31: (a) Leaves the meaning ambiguous or obscure; or (b) Leads to a result which is manifestly absurd or unreasonable |
|
|
What do the four interpretive approaches do? |
-Text: The primary factor -Context: Provides clarity to the text -Object and purpose: Provides clarity to the text (especially used for human rights treaties and treaties creating intl. organisations) -Intent of the drafters: May be used where the above rules result in ambiguous or absurd meaning |
|
|
What is a custom? |
-Something that people in a society do out of habit or non-legal reasons |
|
|
Do any customs evolve into law and become "customary law"? |
-Yes, would be done because it's believed to be legally required (even if not written in a law) |
|
|
What is customary intl. law? |
-De-centralized law creation system -Informal law creation process |
|
|
How do we find customary intl. law? |
-ICJ Statute: 'evidence of a general practice accepted as law' -Not just the practice of states, but practice that is perceived to be done because it is accepted as law |
|
|
What two elements do we look for to know if it is a custom? (must have both) |
1. Practice, the actual behaviour of states (objective element) 2. Opinio juris, the belief that the practice is required |
|
|
How many states follow the customary intl. law practice? |
-Widespread -Not all, but most -Particularly specially affected states |
|
|
How consistent must customary intl. law practice be? |
-Largely consistent -Deviations viewed as violations |
|
|
How long must customary intl. law practice exist? |
-No set amount of time |
|
|
What is opinio juris? |
-There are many practices that are done, but not legally required -Example: saluting the flags of foreign warships at sea is not required |
|
|
Where can we find evidence of what states believe? |
Actions and beliefs of: -Government departments and officials -Legal officers -Legislative institutions -Courts -Diplomatic agents -Political leaders Reported in: -Newspapers -Historical records -Official publications -Etc. |
|
|
Can treaties be evidence of practice? |
-Yes, if it requires states to act in a certain way |
|
|
What is codification? |
-The process of arranging and collecting laws of a state into a code |
|
|
What are general principles of law? |
-General principles of law recognised by civilised nations -Principles of fairness and justice -Intl. tribunals rely on these principles when they cannot find authority in other sources of intl. law -Judges fill legal gaps with certain legal principls to do justice |
|
|
In intl. law where are the general principles drawn from? |
-Domestic legal systems |
|
|
What are the two main areas of principles? |
-Principles of responsibility and reparations -Principles of judicial administration and procedure |
|
|
What are the principles of responsibility and reparations? |
-Cannot take advantage of ones own wrong -Facts flowing from wrongful conduct cannot determine the law -Private rights acquired under existing law do not cease on change of sovereignty -Must fulfil obligations in good faith -"Piercing the veil" |
|
|
What are principles of judicial administration and procedure? |
-Permit circumstantial evidence -Res judicata (a matter already judged) -Cannot back out once submit case to the court |
|
|
Can any principles applied by national courts be applied internationally? Yes? No? Why or why not? |
-No -ICJ is reluctant to look at general principles, have a preference for treaties and customs (lex specialis concern?) -Not importing into intl. law "lock, stock and barrel" but finding judicial policy expressed in municipal systems applicable to the issue at hand, as appropriate for intl. law |
|
|
What sources of law appear to be missing from Article 38 of the ICJ Statute? |
-UN Security Council resolutions- binding -UN General Assembly resolutions- not binding but can be a step towards a treaty agreement, might find opinio juries, might restate the law |
|
|
What is "soft law"? |
-Not legally binding (e.g. voluntary guidelines) -Creates an obligation that is entirely self-governing (e.g. a state must comply if it determines that compliance does not affect its public policies) -It is so vague that compliance cannot be measured (e.g. states will act in good faith to reach understanding on how to solve the problem) -No legally binding obligations, BUT political obligations |
|
|
What is "hard law"? |
-Laws that bind the states |
|
|
If someone steals from you, can you sue them? |
Yes |
|
|
If you kill someone because they stole from you, will you suffer a penalty? |
Yes |
|
|
If a company poisons a river, can you sue them? |
Yes |
|
|
Who/what has rights under municipal law? |
-People; under civil and criminal law -Companies; under civil law and sometimes criminal law -Animals; some protections under criminal law |
|
|
Who/what is a person under the law? |
-Look to the status, legal rights and duties, and powers under the applicable legal system -Differs between municipal and international systems |
|
|
In order to be a legal person in intl. law, do you need to have ALL the rights and duties available under intl. law? |
-Not necessarily, but you do need some of them |
|
|
Who/what has some rights and duties under intl. law? |
-States -Intl. and regional organisations (UN, EU, WTO, ICC, etc.) -National liberation movements (PLO, POLISARIO, etc.) -Intl. (public and private) corporations (Microsoft, Shell, Coca-Cola, etc.) -NGOs (Red Cross, Amnesty Intl., UNPO, etc.) -People (victims of abuses in intl. human rights, war criminals, genocidaires, human trafficking victims, pirates, etc.) -Other? Maybe the Holy See? Intl. terrorist groups? Participants in a civil war? |
|
|
What rights and powers do states have in the intl. legal system?
|
-The maximum amount |
|
|
How do we know whether something is a state or not? |
-Two schools of thought: -Declaratory theory -Constitutive theory |
|
|
What is the declaratory theory? |
-Whether something is a state or not is a question of whether it actually exists as a state IN FACT. If other states refuse to recognise it, it does not matter, because they are only refusing relations with it. It is still a state. -This theory is favored |
|
|
What is a constitutive theory? |
-Whether something is a state or not is a question of whether other states have recognised it as a state and admitted it into the intl. "club". States are legal persons, so they are only states when they are granted legal rights and obligations by the intl. community. Other states have discretion to decide. |
|
|
What are the factual requirements of statehood? |
-A permanent population -A defined territory -A government -The capacity to enter into relations with other states |
|
|
Why would a state have to refuse recognition? |
-Violation of international law |
|
|
What is "de facto"? |
-A state in law, but maybe not factually operating (e.g. Baltic states from 1940-1990's) |
|
|
What is a state merger? |
-States merge -Ex.) North and South Yemen merged |
|
|
What was the first Hague Conference? |
-Permanent Court of Arbitration |
|
|
What was the second Hague Conference? |
-Not for money, debt -Formal opening of hostilities through a (reasoned) declaration of war -First world war |
|
|
What was the League of Nations? |
-Collective security system (arbitration, judicial settlement, league council) -3 month cooling off period |
|
|
What article can you fns the era of the UN, and what does it say? |
-Article 2(4) -"All members shall refrain in their intl. relations from the threat or use of force against the territorial integrity or independence of any state or in any other manner inconsistent with the purposes of the UN." |
|
|
What does "act of aggression" mean? |
-The use of armed force by a state against the sovereignty, territorial integrity or political independence of another state, or in any other manner inconsistent with the Charter of the UN -Ex.) (a) Invasion (b) Military occupation (c) Annexation (d) Bombardment by armed forces of a state against the territory of another (e) Etc. |
|
|
What are the two exceptions to the prohibition of the threat or use of force? |
(1) Self-defence (individual or collective) (2) Collective security (UNSC resolution) |
|
|
When does necessity of self-defence occur? |
-When it is instant, overwhelming and leaving no choice of means and no moment for deliberation |
|
|
What are two collective examples of self-defence? |
(1) Ex ante: NATO/Brezhnev Doctrine (2) Ex post facto: Armed attack/ express request for assistance |
|
|
What are the cardinal principles of intl. humanitarian law? |
-Distinction: civilians and combatants/military objections and civilian property -Military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose partial or total destruction -Proportionality 'Prohibition to launch an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated' |
|
|
What is "not to cause unnecessary suffering"? |
-Prohibition of certain or techniques |
|
|
What is the Hague Law? |
-Restrictions on the conduct of hostilities |
|
|
What is the Geneva Law? |
-NIACS and Common Article 3 |
|
|
What is the protection of objects? |
-Dykes -The environment -Cultural property |
|
|
Perfidy is forbidden. What is is? |
-Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or obliged to accord, protection under the rules of intl. law applicable in armed conflict, with intent to betray that confidence |
|
|
What "little tricks" are allowed within the Hague regulations? |
-Ruses of war and the employment of measures necessary for obtaining info about the enemy and the country are considered permissible |
|
|
What is the Lotus Principle? |
-'Intl. law governs relations between independent states. The rules of law binding upon states therefore emanate from their own fee will as expressed in conventions' |
|
|
What des the Geneva Law protect? |
-Certain groups in armed conflict- the emergence of intl. humanitarian law -From 1864-1949 |
|
|
What happens in the case of armed conflict NOT of an intl. character? |
-Each party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities shall be treated humanely (2) The wounded and sick shall be collected and cared for |
|
|
What does the Protection of Objects say? |
-"Methods and means of warfare which are intended, or may be expected to cause widespread, long-term and severe damage to the natural environment are prohibited." -Cultural property shall not be used for military purposes or be made the object of an attack unless it is required by imperative military necessity |
|
|
Under what circumstances is the use of force allowed in intl. law? |
-Arts. 2(4) and 42 + 51 of the UN Charter |
|
|
Are these the sole circumstances? Should the meaning of the UN Charter be fixed of allowed a dynamic interpretation? |
-Remember, it leaves outside civil wars and it is unclear if it covers use of force by ANSAS |
|
|
What are the elements of humanitarian intervention? |
-Textual: The purposes of the UN -Dead letter: Effective system of protection -Permanent violation: Should be released from the obligation |
|
|
What are the four tentative conditions of humanitarian intervention? |
1. There should be a compelling and urgent situation of extreme humanitarian distress 2. The other state should not be able or willing to deal with it 3. There should be no practical alternative 4. The action should be limited in time and scope |
|
|
What are the six elements of the Responsibility to Protect (R2P)? |
1. Just Cause 2. Right intention 3. Last resort 4. Proportional means 5. Reasonable prospects 6. Right authority |
|
|
What is the Law of the Sea? |
-The basic underlying idea of the branch -Situated before 1945 -The UNCLOS era: the marine zones |
|
|
What is intl. environmental law? |
-The piecemeal approach to the environment: examples of litigation -Stockholm 1972: The environment as discrete topic -Rio 1992: Soft law principles for a new area |
|
|
What did John Selden say about the Law of the Sea? |
-Full Sovereignty |
|
|
What did Grotius say about the Law of the Sea? |
-Freedom of the High Seas |
|
|
What was the customary law on the Law of the Sea before 1945? |
-Territorial sea= 3 nautical miles |
|
|
How did the Law of the Sea change by 1945? |
-Development of offshore mining technology: continental shelf -Truman Proclamation: The US had jurisdiction and control of the resources of the continental shelf appertaining to the US (domino effect) |
|
|
What are the seven marine zones? |
1. Internal waters 2. Territorial sea 3. The contiguous zone 4. The continental shelf 5. The exclusive economic zone (eez) 6. The high seas 7. The deep seabed |
|
|
What are internal waters? |
-Ex.) Canals, rivers |
|
|
What is territorial sea? |
-3 nm may be extended to 12 nm -"The sovereignty of a coastal state extends beyond its land territory and internal waters... to an adjacent belt of sea described as the territorial sea" -Limitation: Innocent passage, not to be confused with "transit passage" of intl. straits |
|
|
What is the contiguous zone? |
-Rationale: Issues of enforcement -Possibility to claim up to 24 nm from the coastal baseline -"The coastal state may exercise the control necessary to: prevent infringement of its customs, fiscal, immigration or sanitary laws." |
|
|
What is the continental shelf? |
-States have continental shelf rights out to 200 nm from the baseline of the territorial sea -Boundaries: Straightlines obeying the "equidistance rule" |
|
|
What is the Exclusive Economic Zone (EEZ)? |
-May claim 200 nm from the baseline of the territorial sea -Arts. 55-75 UNCLOS Convention: -Exploit marine organisations -Exploit the minerals beneath the seabed -Build offshore installations in the zone -Take measures to protect the environment -[BUT, must permit] Freedom of navigation, overflight, to lay submarine cables and pipelines |
|
|
What are the high seas? |
-Freedom of all states in the high seas -Limitation: The right to HOT PURSUIT ~The illicit activity must commence or take place in the state's maritime zone ~Aim to flee from local authorities ~Distinctive auditory or visual signal to "stop" ~Uninterrupted ~It must cease when foreign vessel reaches the territorial waters of another state |
|
|
What is a crime of the high seas? |
-Piracy ~Illegal detention of any kind of depredation committed by the crew passengers of a private ship ~Against the persons of another ship (or on the ship) ~For private gain |
|
|
What is the deep seabed ("the area")? |
-Rich in resources -Disadvantage for poor nations -Mr. Avid Pardo: Common Heritage of Mankind -Intl. Seabed Authority ~(Re) distribution of the proceeds ~Transfer of technology -By private consortia (sponsored) |
|
|
What is the piecemeal approach to the environment: examples of litigation? |
(1) Bering's Sea Arbitration (1893) "Fur seal case" (2) Trial Smelter Dispute (1911) (3) Pulp Mills Case (Argentina v. Uruguay, 2010, ICJ) "Obligation to undertake environmental impact assessments" |
|
|
What was the Stockholm Conference of 1978? |
-The UN Environmental Programme (UNEP) -Action Plan for the development of environmental policy -The environmental fund -Most importantly: The Stockholm Declaration (soft law) |
|
|
What was the Stockholm Declaration? |
-Requires states to co-operate in further developing the intl. law concerning the environment -Soft law |
|
|
What was the Rio Conference 1992? |
-Rio Declaration (27 principles- soft law) -Agenda 21 -Forest principle -The convention on Biological Diversity -Rio Declaration on Environment and Development -UN Framework Convention on Climate (Kyoto Protocol) |
|
|
What are the 3 pillars of the R2P? |
1. The primary responsibility lies on the state 2. The rest of the states have a responsibility of assisting other states 3. If a state manifestly fails to comply with pillar one, "the intl. community must be prepared to take appropriate collective action" in accordance with the UN Charter |
|
|
What is considered an island? |
-Above water at all times, and can sustain human habitation or have an economic life of its own -Entitled to everything |
|
|
What is considered a rock? |
-Above water at all times, but cannot sustain human habitation or have an economic life of its own -Only entitled to territorial sea |
|
|
What are some examples of the Rio Declaration on Environment and Development? |
-No harm principle -Principle of prevention -Sustainable development -Common but differentiated responsibilities -Precautionary principle -Polluter-pays principle -Pre and post information |
