Cases
Which case established the Effective Control Standard? ($100 Bonus for naming the court)
Nicaragua at the ICJ
What is the significance of the Treaty of Westphalia?
Established the international norm of sovereignty, ended the 30 years war
Is the Permanent Court of Arbitration a Court? (Bonus $100 for describing what it does)
established in 1899, not a court. Litigants choose arbitrators and negotiate procedures
Force Majeure
an unforeseen event so extreme that the state couldn't have known and been wrongful
What are the 6 circumstances precluding wrongfulness?
Consent, self defense, counter measures, force majeure, distress, necessity
What is the significance of the Velasquez Rodriguez v Honduras Case?
Ultra Vires acts taken in official capacity is attributable to the state.
What did the Vienna convention on the law of treaties establish?
What counts as a treaty, how to get in and out of a treaty, what treaties can and cannot cover
What are the 3 stages of ICJ lawsuits?
1. Requests for provisional measures
2. preliminary objections
3. reparations/compensation (rare)
Acta Jure Imperii
acts by right of dominion
What is the correct sequence of steps for the law of state responsibility?
legal Breach, attribution, wrongfulness, responsibility, consequences
Which case established that approval can translate a non-state act into a state act?
Iran Hostages Case
What is the difference between an Escape Clause and a Withdrawal Clause?
Escape clauses are temporary and may be employed on a selective basis, Withdrawal clause allow a state to nullify its membership and has a notice and wait period
What is the significance of the ICJ? (created by what? what does it do? what bodies of law does it dress? who is accountable? )
- created by UN charter in 1945
- resolves disputes between states
- handles a myriad of bodies of law from interstate disputes to aviation etc.
- all members of UN are subject to ICJ jurisdiction
Acta Jure gestonis
acts by right of management
Why does the managerial believe states break the law?
ambiguity of law, capacity to follow law, and insufficient time
What is the significance of the South West Africa?
The League of Nations no longer exist, establishment of Judicial economy, international organizations can request an ICJ advisory opinion
Which ICJ advisory opinion established what reservations are permissible under international law?
What is the significance of the ICC? (created by what? what does it do? what area of law? jurisdiction over what?)
- Created and governed by Rome statute
- holds criminally accountable perpetrators
-addresses violations of criminal law (specifically crimes listed in Rome Statute)
- has conviction of nationals of member states, or non nationals on territory of member states, or non nationals on a state that has accepted jurisdiction
Judicial Proprietary
the principle that a legal body should decline to make a ruling that would not serve a judicial function
What are the 3 types of reparations and their definitions/example?
1. restitution (make the victim whole)
2. compensation (pay for damages)
3. satisfaction (apology or court ruling)
What was the significance of the Arctic Sunrise Case?
Russia violated flag ship jurisdiction of the Netherlands
Name the 5 steps of the treaty process
1. negotiating and preparatory work
2. collecting signatures and ratification
3. entry into force when threshold of members have been met
4. document depository
5. accession (ratification after EIF) +succession (for countries that did not exist)
What is Significance of ECHR? (who created? who governs? what does it do/what law does it address? )
- created and governed by European Convention of Human Rights
- addresses violations listed in above convention
- individuals can bring complaints against other states
Restitution
to make the victim whole
What is the difference between Authority, Capacity, and Ultra Vires Acts?
authority= delegated powers
capacity= using trappings of office
Ultra vires acts = beyond power