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Final

PO310 Study Guide - Final Guide: Opinio Juris Sive Necessitatis, Statute Of The International Court Of Justice


Department
Political Science
Course Code
PO310
Professor
Aaron Shull
Study Guide
Final

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PO 310n September 17
Introduction: what is international law?
Mergence of international law
oPeace of Westphalia 1648 ( 2treaties )
This is were “state sovereignty” and “equality from states “was
born at the conclusion of the thiry years war.
Westphalian principles ( became universal standard)
oPrinciple of state sovereignty ( self determination)
oPrinciple of equality between states
oRprinciple of non intervention
oLegal personality
The ability to enter into relations and to have rights and
responsibilities
Iraq- in a bad spot because of ISIS
Refers to entities or legal persons that can have rights or
obligations under international law.
States ( these are international power lawyers)
******* theres four aspects that a required to become a
state
oa permanent population
oa capacity to inter into relations with others
odefined territory
ogovernment
international organization
ohelp the internationall system run smoothly
this could be through internation
communication and affiliatied mostly
through state runnned programs
whole power of these organizations are
based open hw much internation state actors
are willing to give them.
Indivduals and companies
oPrescriptive jurisdiction
The power of a state to regulate people,
property, and transactions or to prescribe
conduct, usually through the passage of laws
or regulations. ( Nationality) means if you
commit a crime or a person from another

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country commits a crime on someone from
your state when they enter the state they will
be carged through prescriptive jurisdiction.
overseas they can get you once you are back
in canada
oEnforcement
The ability to use enforcement , specifically
an example would be the police using
coercion to follow thru with the rule of law
Un security council has special powers
UN security council has a veto power if the five permanent
members get this power and there is also 10 other non
members
Chapter 7 seven problems
oThisis the power to use of force, this power is given
to by the states that are apart by the agreement
Resoultion 1373- this was done after 911, and it had to do
with terrorist financing regulations
Resolutions 1540- was a global law that basically had to do
with the possession of Weapons of Mass Destructions
Sources of international law
oArticle 38
Article 38(1)(a) of the ICJ, which uses the term
"international conventions", concentrates upon
treaties as a source of contractual obligation but
also acknowledges the possibility of a state
expressly accepting the obligations of a treaty to
which it is not formally a party.
Article 38(1)(b) of the ICJ Statute refers to
"international custom" as a source of international
law, specifically emphasizing the two requirements
of state practice plus acceptance of the practice as
obligatory or opinio juris sive necessitatis (usually
abbreviated as opinio juris-----***** is the belief that
an action was carried out because it was a legal
obligation.).
Article 38 1 (c) that the court may in appropriate circumstances
apply to the cases before it ‘ the general principles of laws
recognized by civilized nations
Article 38(1)(d) of its Statute, the ICJ is also to apply
"judicial decisions and the teachings of the most
highly qualified publicists of the various nations, as

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subsidiary means for the determination of rules of
law"
o
o
oGeneral principles of law
examples : principle of consent , reciprocity, equality of states,
finality of awards and settlements, legal validty of agreements,
good faith, domestic jurisdiction, freedoms of the seas
oJudicial decsions and teachings
Article 59
“ the decisions of the court has no binding force except
between the parties and in respect of that particular
obut can still be regarded as authorative evidence of
the state of the law
ounanimous/almost unanimous decision has a role in
the
oCustom
Material sources of custom include ( but not lmited to):
Diplomatic correspondence, policy statements, press
releases, opinions of official legal advisirs , official
manuals on legal questions, state legislation, international
and national judicial decisions, a pattern of treaties in the
same form, the practice of international organs, UN
General assembly resoultions relating to legal questions…
et
Elements of custom:
Uniformity/consistency of practice
oGenerality of practice- means the law has always
been done.**
oOpinion juris
Jus Cogen
VCLT article 53. Treaties conflicting with a peremptory
norm of general international law ( jus cogens)
o“ a treaty is void if , at the time of its conclusion, it
conflicts with a peremptory norm of general
internation law. Or the purposes of the present
convention, a peremptory norm of general
internation law is a norm accepted and recognized
by the international community of states as a whole
as a norm from which no derogation is permitted
and which can be modified only by a subsequent
norm of general international law having the same
character.
Law of treaties
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