PIL 1

Natural Law

Law of nations

A turning point in the development of international law because it founded the principle that sovereign States are the primary actors in the international system

Unless a state has consented to be bound by a rule, no international legal obligation exists and the state is able to act as it pleases.

Predecessor of International Court of Justice

.  Both states have some kind of interest in this issue

Provides legal answers to questions that are of interest to more than one state

Provides legal answers to issues that become a matter of international concern through the adoption of a treaty

International law doesn’t have direct effect in national law once the state has ratified it and has to be integrated in or transposed to national law in order to be effective.

Domestic law in the state says that international law will have a direct effect in domestic law.

The idea that the international law and national law form 1 single legal system, or a set of mutually interwinde legal orders that are presumed to be coherent.

Vergeldingsmaatsregelen

Concluded by 2 states

Between larger group of States

Established by international organizations

Are prepared by the International Law Commission

Are made by 2 or more States that want to regulate particular issues of interests that are only relevant to them.

Objective element, requires consistent repetition of a certain behaviour

Subjective element, accepting a practice as a law

Refers to substantive obligations that cannot be derogated from

Rules on what happens if a norm gets broken.

The establishment of statehood is a matter of law and the fulfilment of legal criteria

An entity can only become a state if other States have recognized it.

the principle that legal right cannot arise from unlawful acting

This normally fulfils the right to self-determination. People pursue their political, economic, social and cultural development within the framework of the existing State

People have the right to determine their own political status and be free from the government of another state

Additional powers that aren't explicitly mentioned, help the organization do what it needs to achieve its goals

the question when a matter is within the reach of a State and what not.

The authority of a state to make and apply its national law

Carry out and enforce the law.

taking legal action against an individual by bringing them to court to face charges or accusations

State will have jurisdiction when the offense has been completed on its territory

State will have jurisdiction when the offense has been initiated on its territory.

This concerns jurisdiction that is exercised on the nationality of the offender

A state can also exercise jurisdiction on the basis of the victim’s nationality

A state can also extend its jurisdiction over any matter that forms a serious threat or has a harmful effect on the state, regardless of where the acts occur or who has committed it.

This concerns certain offenses that are so serious/disruptive to the international society that any state may claim jurisdiction over them, no matter where, who or what nationality.

this jurisdiction over an offence even if the offender is not present on the territory of the state.

offences against the law of nations itself

country must either punish a person within its own legal system or send them to another country for prosecution

A country should limit its laws and let other countries take charge if they have a stronger connection to the situation

This is when a state transfers an individual who is located on its territory and is wanted in another state.

The offence must be a criminal offence in both the extraditing and the receiving state.

The individual may not be punished twice for the same offence

A distinction between adjudicative jurisdiction and enforcement jurisdiction.

Relates to jurisdiction of a court to render a judgment in a matter.

Acts of governmental authority

Private and commercial acts

orders of a court

they personify the State and act on the States behalf

Based on the position that the representative holds in the State.

Based on the functions the representative performs.

Jurisdiction that enables the state to do whatever it wants on its own territory

Even if a state organ goes outside of the authority given to him by the State, the State can still be held responsible.

an irresistible force or an unforeseeable event that is beyond the State’s control and makes it materially impossible to perform the obligation.

Possibility to make a choice between complying with international law and preserving an essential of the state.

possibility to make a choice between respecting international obligation and running a serious risk of a person to be in danger.

Obligations towards a group of states

Obligations towards all the States

Judges who disagree with the final decision

requires the consent of a State

the question must arise within the scope of the activities of the requesting agency

situations where a protected individuals rights are violated outside the territory of the state.

Rules that decide when and with what purpose a state may use force against another state.

Rules that decide how military hostilities should be conducted

Not necessary for the assisting State to have been attacked as well or that it has assisted the victim State because of a treaty-based obligation

State must determine whether there are other more peaceful means of redress BEFORE using force.

There has to be a fair balance between the armed attack and the measures taken by the victim state to stop it.