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Treaty This
Custom Fun
Don't Use Your Force on Me!
Procedurey Procedure
Mixed Bag o' Fun
100
The concept pacta sunt servanda
What is the obligation of good faith compliance? Article 26 of the VCLT sets out the fundamental principle relating to treaties, pacta sunt servanda, which requires all States to perform their treaty obligations in good faith.
100
The definition of customary international law. (No peeking on this one!)
What is a binding obligation on all States, formed through widespread and consistent State practice coupled with opinion juris, a State’s belief that it has a legal obligation? As noted by this Court in the North Sea Continental Shelf case at ¶ 71.
100
The normative status of the prohibition on the use of force.
What is a jus cogens norm? The prohibition on the use of force is a jus cogens norm, or a peremptory norm from which no derogation is permitted. This prohibition is codified in Article 2(4) of the U.N. Charter and also reflects customary law, as noted in the Nicaragua case at ¶ 191.
100
The binding effect of prior decisions of the ICJ.
What is none? No, pursuant to Article 59 of this Court’s Statute, which restricts the binding force of decisions to the parties in that case. However, this Court has never deviated from its prior decisions and, as noted in the Land and Maritime Boundary preliminary objections phase between Cameroon and Nigeria, the Court focuses on whether “there is cause not to follow the reasoning and conclusions in earlier cases.”
100
The doctrine where states are given the benefit of the doubt related to the legality of their acts.
What is the presumption of legality? Under general principles of customary law, there is a presumption that States are acting in conformity with international law. (Dissenting Opinion of Judge Ecer in the Corfu Channel case.)
200
The two articles which govern treaty interpretation and what they dictate.
What is Article 31 and 32 of the VCLT? VCLT Article 31 requires a plain language interpretation including the context, objective, and purpose of the treaty. Context includes any subsequent agreement or practice between the parties in interpreting the treaty. If these methods fail, the interpreting party should look to supplementary means of interpretation, under VCLT Article 32.
200
The definition of actions ex gratia and whether they constitute as opinio juris.
What are actions done "by favor" and that do not constitute as opinio juris? No, actions done “by favor” and not out of legal necessity by their very nature do not count as opinio juris or State practice, because a customary norm must be complied with out of a sense legal obligation. However, if an action that initially started ex gratia gains a sense of legal obligation in the practice of States, then it can become customary law.
200
The standard for killing that applies during peace time?
What is prohibited arbitrary killings? Article 6 of the International Covenant on Civil and Political Rights prohibits arbitrary killing. This means, that outside of an armed conflict, the use of lethal force is permissible only as a last resort. Only killing that is “strictly and directly necessary to save life” is permitted.
200
The party bearing the burden of proof.
What is the party asserting the claim? The party asserting the claim or a fact bears the burden of proof, according to this Court in its Nicaragua and Genocide cases.
200
The doctrine under diplomatic protection which may prevent the ICJ from hearing a case even if the individual represented by the state is a national.
What is the exhaustion of local remedies? The exhaustion of local remedies rule only applies when a State brings a claim on behalf of an individual via diplomatic protection, according to this Court in its Interhandel case. States need not exhaust local remedies for direct injuries. The individual must exhaust both judicial and administrative remedies until there is no further appeal. (Diallo case).
300
A treaty that violates a jus cogens norm.
What is becomes invalid? A treaty may not derogate from jus cogens norms. Any term of a treaty that conflicts with a jus cogens norm becomes void and terminates, according to VCLT Article 53.
300
The way that a treaty provision can become binding on non-parties.
What is treaties represent or crystallize into customary law? A treaty provision can “crystallize” into a customary norm, as noted by this Court in its Nicaragua and North Sea Continental Shelf cases.
300
The 3 exceptions to the prohibition on the use of force.
What are self-defense, S.C. authorization, and regional enforcement actions? The three exceptions to the prohibition on the use of force are: 1) self-defense, individual or collective, 2) upon Security Council authorization, and 3) regional enforcement actions under Article 53 of the U.N. Charter, which also require Security Council authorization.
300
The enforcing power of the ICJ's decisions.
What is the Security Council? Yes. Under Chapter VII of the U.N. Charter, the Security Council is granted the authority to take enforcement measures, which includes enforcement of this Court’s decisions.
300
The doctrine which may prevent the admissability of a claim before the ICJ because the other state has also committed an equal wrong.
What is the doctrine of "unclean hands"? The equitable principle of “Clean Hands” stipulates that a party may not prevail on a claim against another where it also committed a similar breach of law and, therefore, has “unclean hands”. For example, in the Diversion of Water from the River Meuse case, the Permanent Court of International Justice rejected mutual claims by The Netherlands and Belgium that each had impermissibly altered the flow of their boundary waters because each State had altered the flow of the river and both had “unclean hands”.
400
The obligation of a state which has signed but not ratified a treaty?
What is "not to defeat the object and purpose of the treaty"? Under Article 18 of the VCLT, signatory States have an obligation to refrain from acts which would defeat the object and purpose of the treaty: (1) it signed the treaty subject to ratification, or (2) it expressed consent to be bound by treaty, pending the treaty entering into force.
400
The way in which a state can be precluded from the obligations of an emerged custom.
What is a persistent objector? States can become “persistent objectors” and thereby be excluded from new rules of customary law, as seen in this Court’s Asylum case. A State cannot persistently object to jus cogens norms, however.
400
The 3 requirements for a lawful execution of the right of self-defense.
What are imminence, necessity, and proportionality? According to this Court in its Oil Platforms case at ¶ 51, to lawfully execute a right to self-defense, a State’s response must meet the requirements of: 1) imminence, 2) necessity, and 3) proportionality.
400
The last case where a state blatantly failed to comply with an ICJ decision.
What is the Nicaragua case? There are only a few cases where State have either blatantly did not comply with a decision by this Court or enacted the decision poorly in bad faith, including in Corfu Channel, Fisheries Jurisdiction, Tehran Hostages, and Nicaragua. In such cases States can, and have, requested the Security Council to enforce the decision, pursuant to Article 94(2) of the U.N. Charter. Failure to comply with a decision constitutes a separate breach of international law. Since the Nicaragua Case, however, States have regularly complied with this Court’s decisions.
400
The amount of weight the ICJ gives to decisions of national courts.
What is treating those decisions as facts? This Court treats findings of national courts, both factual and legal ones, as facts and not law, such as in the Certain Property case when analyzing its jurisdiction to render a decision about the validity of a decision by German courts. The Court may, however, use those decisions as evidence of custom pursuant to Article 38(1)(d) of this Court’s Statute.
500
The treaty obligation which trumps if two obligations in treaties conflict.
What is the treaty that is lex specialis will prevail? According to VCLT Article 30, in treaties that cover the “same subject matter”, generally, the treaty later in time should prevail over the earlier one and specific provisions governing conflicts with other treaties must be respected, such as where a treaty explicitly defers to the other treaty. Additionally, under the customary principle of lex specialis, the more specialized law will apply. The exception to these rules is where an obligation derives from the U.N. Charter, in which case that obligation trumps all other treaty obligations, pursuant to Article 103 of the Charter.
500
When the ICJ should apply general principles.
What is when there are situations of "non liquet"? Non liquet means “it is not clear” – or there is no applicable law. This Court may not invent law, so where there are gaps, or lacuna, in treaty or customary law, this Court uses general principles such as equity or estoppel to prevent situations of non liquet, as seen in the Barcelona Traction case.
500
The two types of armed conflict and their definitions.
What are international and non-international armed conflicts? As noted to be customary definitions by the International Criminal Tribunal for the Former Yugoslavia in its Prosecutor v. Tadić case, there are two types of armed conflicts: international and non-international. An international armed conflict is when two States engage their militaries against each other, regardless of the intensity or duration of the conflict. A non-international armed conflict occurs between a State and non-State actors, or non-State actors.
500
The doctrine which requires the ICJ to only consider the issues submitted by the parties.
What is the doctrine of non ultra petita? No, under the doctrine of non ultra petita. In the Asylum case, this Court explained it was under a duty to only reply to the specific questions as stated by the parties.
500
The two tests for determining use of force attribution (and a quick definition).
What are the effective and overall control tests? The primary tests to attribute conduct of private persons to a State related to the use of force are the effective and overall control tests. (The effective control test, from this Court’s Nicaragua and Genocide cases, requires evidence of a State’s control in the organizing, planning, and execution of armed activities, above mere financing or provision of arms. By contrast, the overall control test enunciated in the Tadic case at the Yugoslavian Tribunal is less stringent, and only requires evidence of organizing or planning, including financing, training, or equipping an armed group.)