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Sbobine International Law - Notes & transcription
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- Public International Law (PIL): Governs states and International Organizations (IOs, e.g., UN, EU), with individuals/NGOs as actors. It lacks centralized legislative/executive power. Evolved from coexistence (Peace of Westphalia) to cooperation for global issues (climate, peace) post-WWII.
- Statehood: Defined by Montevideo Convention criteria: permanent population, defined territory, effective and independent government, capacity for international relations. Recognition is declaratory. State succession generally applies the 'Clean Slate Rule' for treaties, but human rights treaties are an exception.
- Self-determination: An external right for colonial peoples or those under foreign occupation/racial segregation. It does not typically apply to internal secessionist movements. 'Corrective secession' is not recognized in international law.
- International Organizations (IOs): Possess distinct international legal personality with limited, delegated powers, defined by their founding treaties. The UN Security Council (with veto power) addresses peace/security; the General Assembly issues recommendations. IOs generally have functional immunity, which can lead to accountability challenges.
- Sources of PIL: ICJ Statute Article 38 lists primary sources: conventions, customary law (state practice +
opinio juris), and general principles.Jus cogens(peremptory, non-derogable norms) are supreme.Erga omnesobligations are owed to the international community as a whole (e.g., genocide prohibition). - Treaty Law: Involves negotiation, adoption, authentication, consent, and entry into force.
Pacta sunt servanda(good faith) is fundamental. Grounds for invalidity include manifest violation of internal law, error, fraud, coercion, and conflict withjus cogens. Termination/suspension can occur due to material breach, impossibility of performance, or fundamental change of circumstances. - PIL & National Law: States determine how international law is incorporated. VCLT Article 27 states internal law cannot justify non-performance of international obligations. Distinguishes dualism (separate legal systems) from monism (integrated system with PIL superiority). Self-executing provisions have direct domestic effect if clear and precise.
- Immunity: A procedural shield for states, officials, and IOs from foreign jurisdiction, based on sovereign equality. Evolved to restrictive immunity, distinguishing sovereign acts (
acte jure imperii) from commercial acts (acta jure gestionis). The Ferrini case highlighted the conflict between state immunity and claims for human rights violations. Officials have personal immunity (high-ranking) or functional immunity (all officials for official acts, but not for international crimes). - International Responsibility: Arises from an internationally wrongful act (violation + attribution). Attribution applies to state organs, private entities under state control (effective/overall control), or conduct adopted by the state. Circumstances precluding wrongfulness (defenses) include consent, self-defense, countermeasures (proportional, reversible, no force), force majeure, distress, and necessity. Consequences involve cessation, non-repetition, and reparation.