From International humanitarian law to international criminal courts
• Self defence.
Nicaragua: UN that nothing should deter the use of force. Look at
more . And you also must report the situation to the security council.
And also the collective of self defence is recognised . Also look at
why El Sevardo did not complain. The motives of the attack matters.
Oil platforms ie between Iran and the US again. Also at the treat that
bind them together. Look for more.
Non-state actors ie U can use force according to the ICJ to non-state
in international law. US and the bombing of Libya. Look at the article
51 that permits the use of force
Pre-emptive/Anticipatory self defence eg Iraq and also look at the
Nato bombing in the Kosovo. Look at the book and also the use of
self defence has to be proportional and necessary also look at the
Palestine. The ICJ recommendation . Nuclear weapons should never
be used because the proportionality of death will never be justified ie
it will be too much. May be almost all the countries should use force
in order to preemptive.
International Criminal law.
• Actus Reus: Guilty act
• Mens Rea: Guilty mind and also look at the specific rea such as
• True defences
• Defenes which undermine an element of the offence
• Kantania view of criminal law. • Retribution ( or societal perception thereof)
• Incapacitation, rehabilitation, general deterrence, special deterrence .
Different things happens when we need to punish the offenders.
2. War crimes
3. Crimes against humanity
Clash course in criminal law
History: ( Nullem crimen sine lege) After the world war 1. Look at the
notes. Ie people in theory have to look at what they are doing. Look
also the pre world war two ara.
Nuremberg : This came after the world war II and there is no
genocide and there were crimes committed against peace and war
crimes. Look at this for more. And also look at why Germany could
not try the people who had committed the crimes in the war.
The ad hoc tribunals
International economic law.
Feb 26, 2014. Wed
• Friedman : look at him and how he is influential at the international
trade. Bcoz we want to import as much as we can. Maximize trade ,build industry but also maintain security. Eg if we had war
with Japan while Japan was the only supply, thus we might choose
to go with building our own industry. There is also a probability of
monopoly and not good for the rest of the world. Look for more.
• Fletch, look at him and what he says . And also way he say about
the international trade and what they say. Look also at the
comparative advantage and how it does not work.
• Treatment of foreign investors/ expropriation
In Canada, the government support this but not only when there is a
public goods, look more for this and the difference between the US. Why
does the countries do not want this: It is because of the colonial era
expropriation. IE change the law so that they should be a compassion.
Look at the UN resolution and economic state. Private property and
how you got it does not matter, and to get it you have to tell me why it is
very important for the success of the public purpose? Is colonial not
something for that was done for the public reasons. And why would we
compensate the people who have been colonised? Look this on the
Amoco v Iran: The American company and the Iran. Look
for more. Contraction remedy. Iran respond that according to
the International Criminal law, we can nationalise the
company. And the 1920 case of the Poland, ICJ for public
policy it cannot discriminate between the alien and the public
and thus it has to be accompanied by the composition. Thus
the Iran has to pay for some compensation and also look at
the two types of compensation.
Nafta chapter 1110, look for more. And what happened in
this case. They use a line that say that a non-discriminatory
has to be applied. Look for more. Look also in the book
Criteria for the Expropriation Currie, Forcese and Oosterveld.
1.For public purposes in accordance with a declared
2.Not discriminatory between aliens and citizens, or as
between foreign nationalities
3.Not involve the commission of an unjustified
4.Be accompanied by a payment of appropriate for
Introduction to WTO
Why was is free trade important and its not only allowed
when there is the spread of the diseases.
Non-Discrimination ie If you lower your trade the nations
with one nations, then you have to allow to all the WTO
countries, no you can also put special consideration to
developing countries, also you can put it to high when
there is unfair trade. Also at the markets, local and imported
should be treating equally. Look at the Japan case. Also
look at the Gate ie the one related to WTO.
Free trade : also look at the damping and what happens
when one thing hurts the other part in another world. Also
look at the production cost and what it means to be
significant low. Also look at how the subsidy does not make
this a free trade. This is so because the subsidy hurts other
countries. Ie there is a need to put sanctions. Subsidy also
can hurt, rival export in the international market. Look for
more on this. Look at the soft lumber . And look at the way
WTO solved this issue. Ie the WTO also says that they
provide services and also how Canada said that lumber was not tradable commodity. Canada lost the case. Also look at
Natha and Canada. The US was not wrong to impose the
traffic and look at 2006, what happened. And the US agreed
to lift lumber.
Binding Dispute Settlement ie look more on WTO binding
Dispute Resolution, though there is no procedure. You can
only pay fines. Look for the Seal ie Canada and the
Russia, what the ruling was.
- Wealth or money
- Equality or fairness ie Maximus the efficiency
• Theory of WTO law
• Established principles of International Environmental law.
• Look for more on the principles of international environmental law.
1. Principle of Prevention
2. Sustainable development
3. Rights of future generation
4. Common but differentiated
1. Protection of the Atmosphere
a. Transboundary Air Pollution, look more on the climate change.
b. Ozone Depletion
c. Global Climat