Law Notes Public International Law Notes
Public International Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the major LLB aspects and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Canada, Hong Kong or Malaysia (University of London). See if you like them by referring to the samples below. We've also included our previous years' authors free of charge, to give you some extra materials to refer to for the tricky topi...
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International dispute
Disagreement typically (not exclusively) b/w states w/consequences on international plane
Distinguish: situation (Arab-Israeli problem) v Dispute (smth fairly specific)
Timeline
Kellogg Briand Treaty 1928
Art 2(4) UN Charter – prohibition of use of force + Art 2(3) - obl. on states to settle disputes exclusively by peaceful means w/out endangering int. peace, security & justice
Art 33 - obl. on states to seek in good faith & spirit of co-op early & equitable settlement of int. disputes via any of the following
Types: diplomatic methods v adjudication:
Negotiation
most widely used; normally, 1st tried & successful
agreement to negotiate can be controversial b/c acknowledgesparties’ standing + legitimacy of interests
can co-exist with litigious proceedings in court
Mediation
adjunct to negotiation + involves TPs
distinguish from good offices – TP encourages to resume negotiations/acts as channel of communication
mediator expected to advance new ideas/provide interpretation of existing ones
Inquiry
process performed whenever court/other body attempts to solve a disputed issue of fact (broad) OR specific institutional arrangement selected to establish facts (narrow)
Conciliation
parties set up a Commission which impartially examines of dispute + attempts to define terms of settlement suspectible to being accepted
proposals aren’t binding no guarantee of success
Settlement by UN
GA
wide ranging authority to make recommendations for settlement not binding
political nature decisions acc to bloc allegiances rather than impartial judgements more suited to economic/political disputes
critical role in matters of statehood & membership
SC
Chapter VII
If all means have failed + danger of endangering peace, security = obl. on parties to refer dispute to SC (any other member may also do that)
SC will recommend procedures/measures for settlement + terms of compromise but reluctant to make concrete recommendations in practice
SC’s relationship w/ICJArt 36(3) – must bear in mind that legal disputes should as a general rule be referred to ICJ, though no power to force states’ submission to jurisdiction + can assume paramount resp. for such cases as it thinks appropriate
If SC takes concrete measures re dispute which falls within Art 39, ICJ will not grant interim measures
Q’s of Interpretation of Montreal Conv. Application arising out of Lockerbie Incident – at request of UK, US & France, SC adopted Res. urging Libya to extradite 2 nat.’l for trial in Scotland for Lockerbie bombing; Libya argued it complied w/Conv. by trialling them + alleged UK, US in breach by seeking extradition + refusing to assist proceedings + asked ICJ to grant provision measures which it refused b/c of Res.
Legal Consequences Case–SC declared South Africa didn’t fulfil its obl. under mandate for South West Africa/Namibia & terminated it. SA failed to withdraw illegal presence. Held: SC Res., even not adopted under Chapter VII, was legally binding upon MS + ICJ has no JR/appeal powers.
ICJ will grant interim measures where SC hadn’t reached determinative decision on rights to protection (Case Concerning Armed Activities in Congo)
Mere fact that UN bodies, incl. SC, are considering dispute, doesn’t bar ICJ from considering its legal aspects (Adv Op on Palestinian Wall)
Arbitration
Voluntary – states consent on ad hoc basis/in advance of specific procedure as w/PCA, although submission of actual disputes may need further consent
Useful: political/economic factors can feature but won’t affect the outcome in themselves
Awards are generally binding (enforcement tends to be depend on good will)
Parties have a degree of control
Set up the tribunal, usually on the basis of IL
Agree decision to be binding
Define the legal question
Specify basis for decision
Choose arbitrators
Ad hoc or provided for by treaty arrangements
Mixed arbitrations possible – state v individual/corp.; jurisdiction deriving from contract
ICJ
Authority to decide cases by virtue of:
ICJ Statute
Art 38(1) –function to decide in acc w/IL disputes submitted to it in acc with materials of IL (int. conv., judicial decisions etc)
Art 38(2) – may at request of parties give judgment ex aequo et bono on the basis of law never used
State consent
Binding judgment, no appeal
Organisation see ICJ Statute
Issues
Other peaceful means, incl. good offices
In case of failure to reach early solution, obl. is to continue & consult on mutually agreed means obl. on parties to dispute & other states to refrain from any action which could aggravate the situation endangering int. peace & sec. + make settlement more difficult (= give peaceful methods a try + persevere as long as necessary + avoid aggravating action)
ICJ: Specific Issues
Access
Art 36 ICJ St.
Contentious Cases–states + party to ICJ St
Public organisations following Reparations for Injury Case, logic of excluding UN etc. isn’t self evident(SC,GA = states acting collectively!) BUT little demand + need amendment of Art 34
Individuals if concern is influx of cases, counterproductive to open court up – other fora exist
Advisory Opinions – may give adv op on any legal quest. at request of whatever body authorised by/in accw/Charter to make such request
SC, GA may request adv op on any legal question + GA may authorise other legal organs to do it but only within their competence (Art 96 UN Charter)
Legality of Nuclear Weapons Case
Court must satisfy itself that adv. op relates to a ‘legal question’ within the meaning of Art 65 of ICJ St. & Charter
Political aspects/motives of the quest. won’t prevent it from adjudicating
ICJ can, in acc with Art 65, refuse to give op. but only if compelling reasons exist
Purpose of op – to offer advice to organs & institutions requesting opinion (not to settle disp.)
Abstract nature of the question is irrelevant, as long as it is legal
It’s...
Buy the full version of these notes or essay plans and more in our Public International Law Notes.
Public International Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the major LLB aspects and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Canada, Hong Kong or Malaysia (University of London). See if you like them by referring to the samples below. We've also included our previous years' authors free of charge, to give you some extra materials to refer to for the tricky topi...
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