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International Law (8 - The law of the sea (The deep sea bed, ocean floor,…

- - - - In a case of conflict International law prevails.
        
        Hans Kelsen: the superiority of IL stems from a direct consequence of 'basic norm' of all law which is that states should behave as they customarily do.
        
        International law derives from the practice of states and
        national law derives from the states established in international law.
    - - This is a dual system operating simultaneously and deal with the same subject matter but don't operate in the same sphere.
        
        Jones v Saudi Arabia -- states actions that might be unlawful under IL may be secured by national law.
  - - - In UK treaties do not become binding law without adoption of the rule. Customary law, on the other hand, may be incorporated directly into law.
- - - - Every individual bears responsibility for war crimes, crimes against humanity, and crimes against peace. Each individual also possesses basic human rights.
      - International organizations enjoy some degree of international personality in order to carry out their allotted tasks
- - - - Territorial jurisdiction - a state has jurisdiction over all matters arising in its territory
        
        Objective territoriality, subjective territoriality, extra-territorial jurisdiction, extra-territorial reach of jurisdiction
      - Nationality jurisdiction
      - Universal jurisdiction - Any state can exercise jurisdiction over offences that can be regarded as so destructive of the international order
        
        E.g. genocide, torture, crimes against humanity, hostage-taking and hijacking.
      - Protective jurisdiction
      - Passive personality jurisdiction -> especially in the cases of terrorism
  - - - Has sen up an effective local administration,can control and protect the population, or has established a system of national law
- - - - Commercial transactions have no immunity
      - If the purpose of the act is to achieve sovereignty, there is immunity
- - - - The investigation procedure will investigate the facts of the dispute. It does not look for a solution to the dispute.
        
        If the parties do not get their dispute settled in the negotiations, a third party can contribute to the solution.
      - 'Good offices' are a preliminary to direct negotiations between the parties. Mediation is a continuation of this, and often the mediator will be the person who originally brought the parties together.
    - - Arbitration is 'a procedure for the settlement of disputes between states by a binding award on the basis of law and as a result of an undertaking volutarily accepted'. It is the most commonly used 'judicial' means for the settlement of disputes.
- - - - International treaties (conventions): The most important source of IL -- it's the only way in which states may create binding international law.
        
        Treaties may be bi- or multilateral. The obligation to obey treaties comes from pacta sunt servanda -- rule of customary international law
      - Customary IL: The 'foundation stone' of the modern law of nations. It has evolved from the practice or customs of states.
        
        For it to work the practice must be general and opinion juris is required -- states must recognize practice as binding law.
      - General principles of law: E.g
        1) Natural law doctrines
        2) Rules and principles common to all legal systems
        3) Principles of equity
        
        General principles have a great impact on the development of international law. The permit to apply these principles that aren't customs or treaties helps reduce the risk of a non liquet aka the absence of rules.
      - Judical decisions: The 'subsidiary' means to determine law (Art.56 of ICJ). Also other tribunals than ICJ's judgements have impact on international law (e.g national courts).
        
        1) Courts decisions are binding
        2) Courts decisions have a impact on customary law
        
        Also writing of publicists are considered to be subsidiary means of law interpretation. These are important when the considered rule is vague or uncertain.
- - - - May be bi- or multilateral and between states or between states and organizations.
      - No obligatory formal requirements.
      - Not all acts are treaties: e.g unilateral treaties.
        A formal act or a decision may create binding IL for person to whom the act or decision is addressed to -- creates lex specialis.
    - - Treaty is seen as a success and vital to the regulation of IL and it has had a great influence on development of customary law. Applies only to treaties between states and to written treaties.
        
        States must give consent to be bound by a treaty before it is forceable. Treaty doesn't bind third parties.
        
        States can in addition make reservation to treaties.
        
        Pacta sunt servanda -principle applies -- treaty is binding in good faith and must be performed by good faith.
        
        A treaty is void if it conflict with jus cogens. If a treaty has an error it can be e.g amended, terminated or modificated.
      - The convention shall be interpreted in ordinary meaning of the terms of the treaty in their context.
- - - - Immediate responsibility for the state is subject to the violations and damages caused by its representatives.
      - Indirect responsibility follows the private conduct of the state under the control of the state.
    - - Not every prima facie breach of a legal obligation gives rise to legal responsibility. International law recognises that the state may have a valid defence to a charge of unlawful conduct. These are known as "circumstances precluding wrongfulness."
    - - According to the Draft Articles, an internationally wrongful act must be attributable to the state under international law and
        constitute a breach of an international obligation of the state.
- - - - Key issues:
        
        The concrete implementation of the ban on the use of force has been difficult.
        
        Determination of 'Antitrust Attack'.
    - - One state may request the deployment of another state's military forces in its territory. Likewise, a state may give permission for the use of force on its territory for any lawful purpose.
      - Under the 'doctrine' of humanitarian intervention it is alleged that one state (State A) may use force in the territory of another state (State B) in order to protect the human rights of individuals in state B, usually being nationals of state B. This is controversial in international law.
      - Under the UN collective security system, the Security Council is given specific powers in Chapter VII of the Charter to act in the maintenance of international peace and security, even if this means using force itself.
- - - - An optimistic view of the effect of the Universal declaration of Human Rights is that it generated a general principle of customary international law to the effect that states were bound to respect the human rights of persons within their jurisdiction.
    - - In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations, between them making the rights contained in the UDHR binding on all states that have signed this treaty, creating human-rights law.