IICL 2024 Exam with Complete Solutions.docx

IICL 2024 Exam with Complete S Antony Anghie - Answer-i. Central was the distinction between civilized and uncivilized states. These enabled positivists to explain why non-European states were excluded from IL. One reason was that no law existed in non-European, barbaric regions. A second reason was that non-European regions had legal systems that were so alien in character, no proper legal relations could develop. Lassa Oppenheim - Answer-i. For a state to become a member of the family of nations they must be: (1)civilized, (2)in constant intercourse with the family of nations, (3)must expressly or tacitly consent to be bound by international law, and (4)the family of nations must accept that state. Hugo de Groot - Answer-"father of IL," there was a law of nature (not divine) that could be implemented; and had to be applicable to all. i.Three doctrines (still relevant today): (1)applicability of law of war to all parties, (2)freedom of the seas, and (3)extraterritoriality of ambassadors. 3 assumptions of positivism - Answer-(1) law must be expressed, (2)IL created by sovereign states which are the subject of IL, and (3)law is effective even if unjust when measured against some moral standard Terra Nullius - Answer-IL in the 19th century: justified acquisition of territory by colonial powers; Europeans could acquire empty land or terra nullius, land not already under the control of another "state." IL in 20th Century (changes) - Answer-after WWI b/c states sought to resolve conflict w/o war! wanted to develop legal norms in areas like labor, health and communication. WWII sped this up b/c of use of force and major human rights issues; colonial system declined. UN Charter and Declaration of HR - Answer-GA passed in 1948; int'l trials of political and military leaders after WWII solidified individual duties under IL; D's would argue they were following superior's orders but the court's disagreed "crimes again IL are committed by men, not by abstract entities" Evolution of IL - Answer-WWILeague of NationsWWIIcollapse of leagueUN created by P5 (Russia, UK, China, US, France) Traditional actors/instruments of IL - Answer-a. Principal actors - States b.The resource in dispute - Territory c.The Legal Instruments - Treaties d.Doctrinal Arguments - Concepts dating back to European conquest and colonialism Chad Libya War example - Answer-Involved two states; dispute over territorial inviolability; the two sides rely on formal legal instruments (treaties) •Chad and Libya had been colonies of European powers, and when the EU empires collapsed, they were left with the borders of the colonial powers. •Issue: Whether the 1955 treaty signed between Libya and France should govern the dispute? •The court said that the boundaries set by the colonial powers should be followed because it promotes international stability in boundaries; if every time there was a regime change, borders would have to be redrawn, and states would engage in conflict. Principles of Territoriality - Answer-one sovereign ruler as the basis of the state (1)absolute power and exclusive jurisdiction of one ruler, (2)prohibition of interference by other monarchs in a state's internal affairs, (3)rise of immunity, and (4)gradual elaboration of equality among states in diplomatic practice. Rainbow Warrior Affair - Answer-• Involved two states; dispute over an NGO, Greenpeace. •France blew up a ship off the coast of New Zealand that was going to draw attention to the fact that it was conducting nuclear tests. New Zealand captured the French agents who committed the attack, and charged them with murder. New Zealand was upset that France came into its territory and broke its laws •Because the situation could not be resolved between the two countries, and the situation had become politically charged, both countries agreed to assign a UN appointed arbitrator to resolve the dispute. •Note: The ICJ was not used because France did not consent to its jurisdiction UN Breakdown - Answer-(1) General Assembly (deliberative organ), (2)Security Council (executive organ), (3)International Court of Justice (judicial organ), (4)Secretariat (administrative organ), (5)Economic and Social Council (ECOSOC), and (6)Specialized Agencies. Public v. Private IL - Answer-a. Public - focuses on the activities of the state in relation to other states b. Private - focuses on the activities of the individuals, corps, and other private entities General v. Particular IL - Answer-a. General - refers to rules and principles that bind all states, or practically all of them (treaty or custom) b. Particular - rules binding on two or fewer states (bilateral treaties) ICJ & Relevant Art. in UN Charter - Answer-b. Created by Article 7 §1 of the UN Charter c. Chapter 14 of the UN Charter covers the ICJ (Article 92-96) i.Article 92 - Principle Judicial organ of the UN to ensure peaceful settlement of disputes 1. Disputes - disagreements of questions of law or fact, a conflict, a clash of legal views or interests ii.Article 93 - All UN members are parties to the Statute of the ICJ; non-members can submit to ICJ and if approved be subject to its ruling iii.Article 94 - Members must comply with the ruling of the court; recourse possible through UN SC Jurisdiction of ICJ - Answer-Implied jurisdiction (not in statute) Contentious Jurisdiction Advisory Jurisdiction Contentious Jurisdiction - Answer-1. "Special agreements" or compromis (Article 36) 2.Disputes from agreements in treaties 3.Declarations accepting compulsory jurisdiction of the ICJ Advisory Jurisdiction - Answer-1. UN GA, UN SC, other UN organs; not states e.Article 38 ICJ - Sources of International Law (contains implicit Sources of IL (ICJ Art. 38) - Answer-treaties/ international conventions custom general principles of law recognized by civilized nations judicial decisions and teachings of most highly qualified publicists of the various nations Why treaties as preferred source of IL - Answer-1. The content is easy to determine, 2.Reflects the formal consent of states to be bound, and 3.Are a more familiar source of law to national policy makers 4.Legally binding between states Custom as a substitute for treaties in IL - Answer-1. State Practice - objective element; what states actually do 2. Opinio juris - subjective element (belief they are bound to follow rule); not done out of convenience (i.e. red carpet)