POLC38H3 Study Guide - Final Guide: Peremptory Norm, Genocide Convention, International Trade
1. Peremptory norm
• obligations that admit of no exemption or relaxation of the rule of law, even by consent
of States
• significant bc highest hierarchy of norms
o they are like this bc so fundamental to existence of humankind that doing
something like this ruins the foundation
• The prohibition of the use of force by Article 2(4) of the UN Charter is widely regarded
as a peremptory norm of international law.
• Article 53 of the 1969 Vienna Convention requires not merely that the norm in question
should meet all the criteria for recognition as a norm of general international law,
binding as such, but further that it should be recognized as having an authoritative
character by the international community of States as a whole.
• Consent vs peremptory norm
o No exemptions (article 53)
o Ex. A State cannot consent to the commission of the crime of genocide on its
territory simply because it has not ratified the 1948 Genocide Convention;
▪ Neither can it permit slave trade
▪ “o asiall ist o la
2. International Public Law
• body of rules that is legally binding on States in their interactions with other States,
individuals, organizations and other entities
3. Vienna Convention
• international treaty that defines a framework for diplomatic relations between
independent countries
• Viea oetio: a teat doest eate eithe oligatios o ights fo a thid
state ithout its oset
• UN an exception (peace and security)
• Vienna convention kinda went against reparations case
• Article 53 of the 1969 Vienna Convention requires not merely that the norm in question
should meet all the criteria for recognition as a norm of general international law,
binding as such, but further that it should be recognized as having an authoritative
character by the international community of States as a whole.
• Ex. Preportary norm
• Also
• A treaty governing international commerce that defines the rights of importers and
exporters. The treaty includes a number of agreements that exporters and importers
may adopt to set the rules for transactions. Also called the United Nations Convention
find more resources at oneclass.com
find more resources at oneclass.com
on Contracts for the International Sale of Goods.
4. Threat of force
• FORCE
o only military force is prohibited by Article 2(4).
o that since the UN itself was formed in response to the tragedy of the Second
World War, the force is mainly military, not economic sanctions, unless its
aggression
• A theat of foe is a fo of oeio
• Example: If Candoma assembles several thousand of its troops along its border with
Rutamu and points its armoured tanks towards that State, this will seem to be a serious
threat against Rutamu.
• If Cadoa eall theates to ipe ‘utau off the fae of the eath o to edue it
to ule, this a also e a theat, depedig o the iustaes ude hih the
threat is made.
o BUT if an attacked State is threatening to retaliate, the threat is lawful because
the force, if used, would be in self-defence.
o In 2013, the USA threatened to use force against the Syrian government.
However, such a threat was unlawful because the use of force would have been
without the Security Counils authoizatio.
• Significance
o little significance because States do not generally go about threatening one
another. Nonetheless, the International Court of Justice (ICJ) has had the
opportunity to deal with the issue of threats.
o illegal for a State to threaten force to secure territory from another State, or to
cause it to follow or not follow certain political or economic paths
5. territorial integrity
o part of protective principle
o Article 2(4) does not permit States to use force to claim territory
o principle under international law that nation-states should not attempt to promote
secessionist movements or to promote border changes in other nation-states.
o Conversely it states that imposition by force of a border change is an act of aggression.
o Significance was developed many centuries ago due to the belief that intruding into
another territory is an act of aggression which justifies war. Many wars including the
First and Second World War have been fought as a result of applying the territorial
integrity principle. The adoption of the UN charter by countries supported territorial
integrity.
o Example
o 1990 - Kuwait invasion by Iraq (claim of territory)
find more resources at oneclass.com
find more resources at oneclass.com
6. Political independence
o Political independence refers to governments that are sovereign - that is, the right to
eeise feel the full age of poe a state possesses ude iteatioal la.
(independence).
o In other words, countries that are legally able to make their own decisions about their
domestic and foreign policies.
7. Force for good theory
o Controversial
o In the last bit of article 2(4)
o use of force to protect human rights or prevent humanitarian tragedies
o such action is illegal except when authorized by the Security Council.
o The UN Charter does not recognize humanitarian intervention and force for democracy
8. Self-defence
▪ Article 5(1) inherent right
▪ Chate didt eate it, it eogized it
▪ Against armed attack
▪ Until security council measure
▪ Armed attack against territory by land, sea or airspace
▪ State may exercise self- defence when an attack is directed against another State, but
one that the latter has an obligation to assist. It could also mean that a State may
exercise self-defence when an attack occurs against another that may have serious
implications for its own security as well.
▪ ICJ Nicaragua case: no direct evidence on the role of the US although provided logistic
support, information, weapons – no armed attack
▪ The strict approach of the ICJ faced strong dissention by judges (Jennings) and scholars
of Int law
▪ Governments may act in many unofficial ways: force takes different forms
9. Nicaragua case
o Nicaragua case (a dangerous precedent):
o ICJ: US not liable for undermining political independence
o Nicaragua took action against USA saying they supported the contras, a nicarguan rebel
group causing a rebellion
o Court held usa responsible for planning, direction and support but was not enough as it
was not 100% responsible for the group
o Significant bc effective control test
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Preportary norm: also, a treaty governing international commerce that defines the rights of importers and exporters. The treaty includes a number of agreements that exporters and importers may adopt to set the rules for transactions. World war, the force is mainly military, not economic sanctions, unless its aggression: a th(cid:396)eat of fo(cid:396)(cid:272)e is (cid:858)a fo(cid:396)(cid:373) of (cid:272)oe(cid:396)(cid:272)io(cid:374)(cid:863, example: if candoma assembles several thousand of its troops along its border with. Rutamu and points its armoured tanks towards that state, this will seem to be a serious threat against rutamu. In 2013, the usa threatened to use force against the syrian government. However, such a threat was unlawful because the use of force would have been without the security coun(cid:272)il(cid:859)s autho(cid:396)izatio(cid:374): significance little significance because states do not generally go about threatening one another. First and second world war have been fought as a result of applying the territorial integrity principle.
