Intr. to International and European Law (RGPIR50210)
Summary
Summary International Law - Case Law rules
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Course
Intr. to International and European Law (RGPIR50210)
Institution
Rijksuniversiteit Groningen (RuG)
Book
Elementair Internationaal Recht 2019
The document only covers the International Law part of the course, European Law is not included!
Rules stemming from the case law encountered during the course. Complete list and summary of the cases. Very useful for hypotheticals and practice questions.
Theory notes are separate and this docume...
Intr. to International and European Law (RGPIR50210)
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INTERNATIONAL LAW – CASE LAW MANUAL
WK 1 1. Convention on the Rights and Duties of
- International Law States (Montevideo), EIL p.104
- Recognition of a State 2. Charter of the United Nations, EIL p. 105
- Legal subjects 3. GA Resolution 2625 (XXV) - Principle
- Right to self-determination of sovereign equality of States, EIL p. 128
4. ICJ Palmas Case, EIL p.491 (section II)
5. ICJ Reparation for Injuries advisory
opinion, EIL p. 613
WK 2 1. Statute of the International Court of
- Sources of International law Justice, EIL p. 115 Art.38
- The law of treaties 2. Lotus case, EIL p. 486
- Consent to be bound 3. ICJ North Sea Continental Shelf cases,
- State practice (objective EIL p.495 par. 77
element/subjective element) 4. ICJ Nuclear Test cases, EIL p. 503 paras.
43-46
5. ICJ Nicaragua case (merits), EIL p.519
par. 186
6. Vienna Convention on the Law of
Treaties, EIL p.138
WK 3 1. Charter of the United
- International organizations Nations, EIL p.113 par.92-96
- UN 2.Reparation advisory opinion, EIL p.656
- Peaceful settlement of disputes 3.ICJ Namibia advisory opinion, EIL p.664,
- ICJ Jurisdiction para. 114
4. Legality of the Use by a State of Nuclear
Weapons in Armed Conflict, 1996 ICJ
Advisory Opinion, EIL P.679 pars 19-25
5.ICJ Kosovo advisory opinion, EIL p.703
6. SC Resolutions 1970 and 1973, IEL
p.377 and 380
7. Statute of the ICJ, p.115 Arts. 1, 34, 36,
55, 59, 65
8. Legality of the Threat or Use of Nuclear
Weapons AO, EIL p.666 par.94
9. The Wall Palestine AO, EIL p.684
WK 4 1. Convention against Torture and Other
- Jurisdiction Cruel, Inhuman and Degrading Treatment or
- Immunities Punishment, EIL p.226 (just for
Diplomatic law: diplomatic agents, consultation)
inviolability premises of embassies, 2. International Convention for the
immunities of diplomats Suppression of Terrorist Bombings, EIL, p.
390*** United
3. Nations Convention on Jurisdictional
Immunities of States and Their Property,
EIL p.171
4. ICJ Lotus case, EIL p.486, pars. 44-47
5. Vienna Convention on Diplomatic
Relations, EIL p.165
, 6. Case Concerning Diplomatic and
Consular Staff in Tehran, EIL p.506 pars.
56, 61-68, 83-86
7. Arrest Warrant ICJ, EIL p.553
WK 5 1. Art. 1, 2, 3, 4, 8, 20-25 ILC,
- State/individual responsibility for breaches Responsibility of States for Internationally
of international law Wrongful Acts EIL p.151
- International criminal law 2. Art. 1, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16, 53
- ICC Jurisdiction Rome Statute of the International Criminal
- State responsibility: circumstances Court, EIL p.438
precluding wrongfulness; responsibility of 3. SC Resolution 1593, EIL p.477
individuals in international criminal law 4. ICJ Case Concerning Diplomatic and
Consular Staff in Tehran, EIL p.506 pars.
56-67, 83-89
5. Case concerning the Gabčikovo
Nagymaros Project (Hungary/Slovakia),
ICJ, 25 September 1997, pars. 49-59; 82-87,
EIL p.538
6. Rainbow
7. The Wall, p.685 EIL
WK 6 1. Universal Declaration of Human Rights,
- International human rights GA Resolution 217 A (III), EIL p.205
2. Art. 1-15, 19, 35 Convention for the
Protection of Human Rights and
Fundamental Freedoms, EIL p.280
3. Art. 1, 2, 3, 6-27, 40, 41(1) International
Covenant on Civil and Political Rights, EIL
p.209
4. Art. 1 Optional Protocol to the
International Covenant on Civil and
Political Rights, EIL p.216
5. Art. 1-16, International Covenant on
Economic, Social and Cultural Rights, EIL
p.219
6. Art. 1,2, 3 Optional Protocol
SC Resolution 827, EIL 2019 p.433
7. UN General Assembly Resolution 60/251
on the Human Rights Council (2006), EIL
p.257
8. UN Committee on the Elimination of
Racial Discrimination ‘Concluding
Observations on 19th and 20th Periodic
Report of the Netherlands on the
Implementation of the ICERD’, 27 August
2015, UN Doc. CERD/C/NLD/CO/19-21
(see pdf.)
, WK 1
International Law
1. UN Charter
Recognition of a State
1. Montevideo Convention
2. GA resolution 2625 State sovereignty
3. Palmas Case
Legal subjects
1. ICJ Reparations
Right to self-determination
1. ICJ Advisory Opinion on Declaration of Independence in respect of Kosovo
2. Advisory Opinion from Supreme Court of Canada “Reference Re Secession of
Quebec” 1998
Convention on the Rights and Duties of States (Montevideo), EIL p.104
Art. 1
State is recognized as legal subject of international law if it has:
a. Permanent Population
b. Defined Territory
c. Government – also see ICJ Palmas Case Arbitration for matter of government
effectiveness
d. Capacity to enter into relations with other States
Art. 3
- Political existence of state is independent from recognition by other States
- Even before recognition State has rights to:
a. Defend its integrity/independence
b. Provide for its conservation/prosperity
c. Organize itself as it sees fit
d. Legislate upon its interests
e. Administer services
f. Define jurisdiction/competence of its courts
g. Only limitation to these rights are another State’s rights
Charter of the United Nations (UN Charter), EIL p. 105
Art. 1, 2, 3,4 7(1)
Art. 1 Chapter I Purpose of the UN
1. To maintain international peace and security, and to that end: to take effective collective
measures for the prevention and removal of threats to the peace, and for the
suppression of acts of aggression or other breaches of the peace, and to bring about by
peaceful means, and in conformity with the principles of justice and international law,
adjustment or settlement of international disputes or situations which might lead to a
breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of equal
rights and self-determination of peoples, and to take other appropriate measures to
strengthen universal peace;
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