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PIL, Global movement of transforming customary law into treaty law - legal…

- - - - Portuguese Constitution - treaties and agreements must be written
      - They are recognized by the Vienna Convention does not apply to them
    - - recognizes ius cogens - any clause that violates it is void
    - - The negotiation is essentially political and it is deeply related to sovereignty, reason why it should not be limited by international law
    - - The representative signs but states that the competent authorities of their country need to confirm the act. It is therefore only binding after the confirmation of those competent authorities
  - - - Adoption of Text - the parts recognize the negotiation has ended
      - Authentication of Text - the text is final, the states must sign (or not)
      - Consent (ratification) - free act, it is important to preserve the President's power.
      - Reservations
- - - - the doctrine is divided, Professor Matias is in favor of its inclusion
      - democracy is not part of the ius cogens
      - "fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted"
- - - - People
      - Territory
      - Recognition
      - Political Power
  - - - European Court of Human Rights
        
        Council of Europe
        
        Principle of exhaustion of internal means
        
        Does not substitute the national decision; will order the courts to revise their decision - the decisions are binding, they go back to inferior instances out of respect between judges
      - European Court of Justice
        
        European Union EU
        
        Not an appeal from national courts
        
        Different decision since the ECJ's decision will supersede national courts' because of the EU supremacy
    - - Mutual political declaration - not a treaty nor an agreement
        
        the court cannot revise it, does not follow under the jurisdiction of the ECJ
        
        agreement or treaty - illegal since it goes against the right to seek asylum
        
        it gives a person who is seeking asylum the right to have an individual interview where they explain their political situation
- - - - very limited powers
        
        why states need to keep doing agreements
        
        can only influence the states to engage in new treaties or advise certain clauses
  - - - doesn't have the power to intervene in a country without it being requested
    - - European Commision
      - European Central Bank ECB
      - International Monetary Fund IMF
- - - - the parts need to have a legitimate interest on the issue, otherwise the case is refused
      - only takes cases by states - states must specifically accept the jurisdiction of the ICJ in that specific case on an argument of sovereignty
    - - No Reservations - The USA won't ratify due to the crime of aggression
      - Office of the Prosecutor
        
        Preliminary assessment of the independence of the national courts; the court can step in even before the national courts
- - - - Sovereignty - absolute and perpetual power of a state, the supreme authority within a territory, the authority of a state to govern itself or another state
- - - - Preemptive Self-Defense
        
        9/11 - President Bush announced a U.S. policy of preemptive self-defense against Iraq as the U.S. thought Saddam Hussein was acquiring weapons of mass destruction WMD
        
        When the attack is not undergoing but it is possible to identify acts that show it will occur - unilateral actions by a state to remove a non-imminent security threat
        
        Also known as anticipatory self-defense
        
        Some scholars justify it with a customary right
    - - SC Permanent Members P5 - China, USA, Russia, UK, France
        
        Right to veto
  - - - WW2 Genocide highly motivated the human rights protection movement
      - Consists of - homicides; massive rapes; isolation; surgical means to stop reproduction
    - - The individual as a subject of International Law
    - - Economic Migrants - "movement of people from one country to another to benefit from greater economic opportunities in the receiving country"
      - Refugees - page 6 of the Refugee Convention, 1951
    - - has the power to report any concerning situation to the SC