Latin Words
The intention to possess/control territory and assert sovereignty over it
What is animus possidendi?
type of international law that includes (unofficial law) exists where: a certain legal practice is observed and. the relevant actors consider it to be law (opinio juris).
What is instant customary law
Coercive law; law of a mandatory nature that the international community generally recognizes and accepts. No one can object.
Sig: any treaty that goes against a X norm becomes void and null
The concept Challenges positive law and the ideology that state sovereignty is the ultimate power over laws
What is Jus Cogens?
Inalienable rights that all humans are entitled to and is the foundation of freedom, justice, and peace in the world. Brought rise to obligations of erga omnes
Was an important positivist thinker who believed that IL could not exist as under positive law there had to be a determinate sovereign superior. He wrote the command theory of law which stated that law must have a commander (sovereign) who prescribes the law, legal determination in the form of courts , tribunals, law enforcement.
Who is Austin?
"Equals have no sovereignty over each other" sovereign states dont have jurisdiction over another sovereign
What is par in parem non habet imperium?
A concept refers to what is fair and reasonable in the administration of justice, a concept that in Roman Law is aptly expressed by the term aequitas. is a concept of justice and it has a transcendental notion of justice (universalistic) which is rooted in natural law, but difficult to establish.
What is equity?
States are the most important
only states are subjected to IL, BUT individuals and IGO's now have X personality
Sovereignty-cornerstone legality-positivism
What is legal personality?
outlines the rights and abilities of prosecutor of the ICC + proprio motu powers which gives prosecutors jurisdiction over any individual
ICC and proprio motu power are only used for crimes classified erga omnes
undermines sovereignty as it does not require the state permission
What is Article 15 Rome Statute?
ICJ Article 38(1) court has to act in accordance to intl law
Article 59 ICJ can use judicial decisions
1) Customs and treaties
2) Judicial decisions and writings
3) general principles of law
What is Hierarchy of Sources?
Law in warfare. Int'l law governing the conduct of parties during war
Significance is minimize human suffering by protecting all victims of armed conflict
What is Jus in Bello?
Spanish theologian; who wrote Just War theory. Established moral rights for going to war (ad bellum) and right to moral conduct in war (in bello)
Influenced by natural law; laws influenced by theology and faith meant that he wrote in similar ways of Aquinas (irrelevant)
Who is vitoria?
State made law that enforce sovereign and requires consent. Laws can only exist if there is some sort of authoritative body behind the law
Came into IL during the renaissance after the peace treaties of Westphalia 1648
Law does not have to be consistent with morality or higher state of reason.
States act together through treaties and customary practice (emerges from consent and consensus)
What is positivism?
“either extradite or punish” a state has a legal obligation to either punish a person shown to have violated an applicable principle of law or to extradite the person to another state for punishment.
Relates to erga omnes law, because it applies to all
What is Aut dedere aut punier?
A condition that agreements cease to be obligatory when, the facts that were a necessary precondition to the agreement, have fundamentally changed so as to undermine the intent of the parties.
"Agreement must be kept/binding"
PSS is part of CIL which gives IL legitimacy
An old principle of IL
What is Pacta Sunt Servanda?
"on his own impulse" an official act taken without a request from another party. Used to refer to a decision by the prosecutor of the ICC to initiate an investigation into a case without a permission from the UNSC or a State Party
Related to Article 15 of Rome statute
What is Proprio Motu?
Longstanding rules/practices generally accepted by the intl community. Consent is tacit (assumed) its expected that a new stat will meet all the obligations that any state meets. You can't opt out a rule of intl law. Must show two things
1) state practice: what states actually are doing (empirical) how states have been behaving
2) belief on the part of states that theyre doing what theyre doing out of a sense of legal obligation
What is Customary International Law?
"towards all" Phrase applied to requirements owed by a state to all other states or the intl community at large, ie: duty not to engage in genocide, or to claim sovereignty over the high seas
All states are considered to have a legal interest in deterring violations of erga omnes obligations
Use of force is an erga omnes
What is Obligations Erga Omnes ?
“thing of the community” NO MANS LAND. Areas beyond state territory which cannot be incorporated into state territory or used for unilateral exploitation by states. areas are sovereign; however, all can be exploited for individual benefit
What is Res communis?
"So that you may possess" territory remains with its possessor at the end of a conflict unless otherwise provided by a treaty. it prevents change in lang and maritime boundaries of former colonies when theyre independent
What is Uti Possidetis?
“Land belonging to no one” Principle used in IL to justify claims that territory may be acquired by a states occupation of it. Intl seas and celestial bodies are considered this principle.
tribal people dont live in X phrase
What is terra nullius?
Any use of armed force in international relations not justified by defensive necessity, international authority, or consent of the state in which force is used
1 out of 4 categories of crimes in the Rome Statute, a jus cogen form of CIL
all peoples may freely determine their political status (association with other states, independence, etc.). Article 1 of the UN Charter: respecting principle of equal rights and SD. Reference isn't enough to bind states to SD but resolutions do
UNGA Resolution 1514: “all people have the right to SD”
Right to freely determine their political status
Right to pursue their economic, social, and cultural development
Unforseen event beyond the control of the state making it materially impossible to fulfill an international obligation/contract. Related to the concept of a state of emergency
What is Force Majeure?