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Public International Law - Coggle Diagram

- - - - These states are equal in legal status and participate in the international legal system
      - PIL primarily governs interactions between sovereign states.
    - - PIL encompasses principles, rules, and norms that apply globally
      - It transcends national boundaries and addresses issues of common concern
    - - Unlike domestic law, international aw relies on voluntary compliance by states
      - There is no centralised enforcement authority
  - - - PIL has evolved over centuries
      - It has adapted to changing circumstances, technological advancements, and shifts in global policies
    - - Globalisation
      - Environmental issues
      - Human rights
- - - - Civil and Political Rights: Include freedom of speech, assembly, and due process
      - Economic, Social, and Cultural Rights: Address education, health, and social security
      - Third-Generation Rights: Collective rights related to development, peace, and a healthy environment
  - - - European Court of Human Rights
      - Inter-American Commission on Human RIghts
- - - - State practice: Repeated actions by states over time
      - Opinio Juris: The belief that the practice is legally required
    - - Diplomatic immunity
      - The prohibition of torture
      - The principle of non-intervention
  - - - Negotiation: States negotiate and draft treaty texts
      - Consent: States express consent to be bound (signature, ratification, or accession)
    - - Bilateral (between two states)
      - Multilateral (involving multiple states)
  - - - Principles of equity
      - Good faith
      - Estoppel: A bar that prevents a person from presenting evidence contradicting a certain established fact.
  - - - Prohibition of aggression
      - Slavery
      - Crimes against humanity
- - - - Article 2(4): Prohibits the use of force in international relations
      - Exceptions: Self-defense (Article 51) and Security Council authorisation
    - - Jus ad Bellum: Criteria for justifying war (e.g. self-defense, UN authorisation)
      - Jus in Bello: Rules during armed conflict (e.g. proportionality, distinction)
- - - - The acknowledgment of a state's existence by other states
      - Modes of recognition:
        
        Bilateral recognition: When one state recognises another
        
        Multilateral recognition: When several states recognise a new state
        
        Collective recognition: Recognition by the international community as a whole
      - Recognition can be de facto (factual recognition) or de jure (legal recognition)
  - - - The United Nations
      - The European Union
      - Regional Bodies
    - - Limited legal personality in specific contexts
      - E.g. Diplomats in international criminal law
  - - - Recongised states enjpy rights (e.g. sovereignty, diplomatic immunity)
      - Also have obligations (e.g. treaty compliance)
    - - Recognition enables diplomatic relations, embassies, and consulates
    - - Recognition affects territorial claims and boundaries
  - - - Complex issues arise when new states emerge
      - E.g. Kosovo, South Sudan
    - - Controversies over recognising governments during political transitions
- - - - Distinction: Distinguishing between combatants and civilians
      - Proportionality: Avoiding excessive harm to civilians
      - Military Necessity: Using force only when necessary for military objectives
      - Protection of Victims: Safeguarding wounded, prisoners of war, and civilians
  - - - Genocide: Acts committed with the intent to destroy a national, ethnic, racial, or religious
      - Crimes Against Humanity: Widespread and systematic attacks on civilians
      - War Crimes: Violations of IHL during armed conflicts
    - - International Criminal Court (ICC): Investigates and prosecutes individuals for these crimes
      - Ad Hoc Tribunals: Established for specific conflicts (e.g. ICTY, ICTR)
- - - - Autonomy: States maintain their sovereignty and autonomy in creating and enforcing domestic laws
      - Incorporation: How international legal norms become part of a state's legal system
    - - Monism: Treates international and domestic law as a single legal system. International norms automatically apply domestically
      - Dualism: Requires specific incorporation of international law into domestic legislation
    - - Some international treaties have direct applicability in domestic courts
      - Others require national legislation for implementation