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international law notes.docx

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International law final exam notes Clarify the meaning of jus cogens and soft law, provide examples  Jus Cogens – prohibits states to enter treaties enforcing peremptory norms (binding in all times, all circumstances) a. Cannot be suspended b. Provides protection of HR c. Valid in war and peace  The emergence of jus cogens: a. Late 1960s b. Result of the endeavours of socialist and developing countries who claimed that certain norms governing relations
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  International law final exam notes   Clarify the meaning of jus cogens and soft law, provide examples      Jus Cogens  –  prohibits states to enter treaties enforcing peremptory norms (binding in all times, all circumstances) a.   Cannot be suspended b.   Provides protection of HR c.   Valid in war and peace    The emergence of jus cogens: a.   Late 1960s b.   Result of the endeavours of socialist and developing countries who claimed that certain norms governing relations between states should be given a higher rank than ordinary rules deriving from treaties and custom c.   Jus cogens  –  a further means of developing countries fighting against colonial countries d.   Established in 1969 Vienna Convention on the Law of Treaties    Limitations: a.   They may only be invoked by a state that is party both in the Vienna convention and to the bilateral or multilateral treaty it intends to have declared contrary to jus cogens    Partial remedies to the limitations a.   The customary rules on invalidity of treaties: any state directly affected by a treaty contrary to a peremptory rule of international law, whether or not party to the treaty, may invoke the invalidity of the treaty b.   The gradual emergence of a customary law on peremptory law: the customary rule also applies to normative acts performed by international subjects other than states and legal standards other than those laid down in treaties    Violations:  a.   No immunity vs. jus cogens b.   No derogation of execution because of time passage (crimes are not subjects to deadlines) c.   No amnesty    Jus cogens vs. state sovereignty → international law is always above domestic    Legal effects of jus cogens a.   Primarily pursue a deterrent effect b.   Guide the conduct of states c.   Host of world public order standards (preventive role) d.   The typical effect of peremptory norms is that states cannot derogate from them through treaties, the treaty or customary rules contrary to them are null and void ab initio e.   One fails to see why a whole treaty should be invalidated if only of its provisions is contrary to peremptory norm and the others are not dependent on the invalid one f.   Jus cogens may have a bearing on recognition of states g.   Entering of reservations to multilateral treaties h.   Bearing on treaties of extradition i.   Impact on state immunity from the jurisdiction of foreign states in that they may remove such immunity  j.   Granting to state courts of universal criminal jurisdiction over the alleged authors of the act Briefly characterize fundamental (legal) principles governing international relations      Written constitutions lay down fundamental principles intended to serve as basic guidelines for the life of the whole community    In world community there is no state that has enough power to impose standards of behavior on all other members    States spontaneously based their lawmaking in a few fundamental tenets from which they drew inspiration: 3 postulates: freedom + equality + effectiveness     Laissez-faire approach: states are equally free to do what they like provided they abide by certain rules of the game    1970 UN Declaration on friendly relations overriding legal principles of the international community on which states are not divided and allow smooth international dealings: 1970, UN Charter Article 2 The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles. 1. The Organization is based on the principle of the sovereign equality of all its Members. 2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter. 3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. 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. 5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action. 6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security. 7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.    Sovereign equality of states   Prohibition of intervention   Peaceful settlement of disputes   Ban of threat/use of force   Self-determination of people (respect, anti-colonialism,   Duty of cooperation   Good faith Legal equality : no member of the international community can be placed at a disadvantage  Non-intervention in the internal/external affairs of other state    + sovereignty ensures that each state respects the fundamental prerogatives of the other members of the community    Prohibits a state from interfering in the internal organization of a foreign state    Prohibits a state from encroaching upon the internal affairs of other states    New forms of intervention:    Economic: assistance to developing countries, stop financing institutions promoting development Prohibition of the threat or use of force    Peace  –  supreme goal after the wars    Absolute all-inclusive prohibition    Only military force is proscribed    Only the threat or use of force in interstate relations is banned    Spread of wars of national liberation in colonies    Powerful states  –  economic coercion, pressure    1970 Declaration on Friendly Relations    1974 Declaration on the definition of aggression Peaceful settlement of disputes    Bona fide to resolve conflicts peacefully    In case that fails, states must continue seeking a settlement of the dispute by peaceful means    While trying to settle the dispute, states must refrain from activities endangering the national security    UNSC can investigate, make recommendations on the choice of procedure and settlement Self-determination    Respect for the wishes and aspirations of peoples and nations    Anti-colonialist standard    Extends the ban on force (f foreign military occupation)    Racial groups shall be given full access to government    Limits to ethnic/national/religious/cultural/linguistic minorities
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