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Sources of IL, State Responsibility, Modes of Acquisition of State…
Sources of IL
- Decisions of Ad Hoc Tribunals
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- Diplomatic Correspondence
- Publications of International Organizations
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- General Assembly Resolutions
- International Conventions
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- International Conventions
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- Vienna Convention on the Law of Treaties (1969)
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- Nicaragua v US (1986) Case
- North Sea Continental Shelf Cases
State Responsibility
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Article 1 of RSIWA 2001: Every internationally wrongful act of a state entails international responsibility
Examples: Failure to honor a treaty, violation of territorial sovereignty, property damage
- Attributability to the State
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Examples: Executive, Legislative, Judicial organs
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- Activities of Private Individuals
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Case: Case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia & Montenegro)
- Activities by Insurrectional Movements
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- Acts Contrary to International Law
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Cases: Neer Claim, Rainbow Warrior arbitration
- Treatment of Foreign Nationals
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- Expropriation of Foreign-Owned Property
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Law of Treaties
- Violation of internal law on competence to conclude treaties
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- Coercion of a state (Article 52)
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- Consequences of invalidity
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- Interpretative declarations
- Acceptance and objections of reservations
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- Interpretations of Treaties
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- General rule (Article 31 VCLT, 1969)
- Principle of effectiveness
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- Elements under Art 2 VCLT
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- Governed by international law
- Intention to create legal obligations
- Consent to be bound by treaty
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- By ratification, acceptance, or approval
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- Treaties and Third States
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- Maxim pacta tertiis nec nocent nec prosunt
- Internal grounds for termination
- External grounds for termination
- Material breach (Article 60)
- Supervening the impossibility of performance (Article 61)
Statehood
- Article 1 of Montevideo Convention on Rights and Duties of States 1933
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- Role of Uti Possidetis Juris
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- Not synonymous with statehood
- Suspension from membership does not mean loss of statehood
- International Organizations
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