International Law
Topics covered include:
Law-making; Statehood and Recognition; Law of Treaties; Use of Force; State Responsibility; Peaceful Settlement of Disputes and the ICJ
This document contains 3 sections.
Section 1: Legal Cases
Covers 55 legal cases, outlining the importance of each case
Section 2: Sources of International Law
Outlines the different treaties, conventions and declarations, including the relevant Articles within them, for each of the topics
Section 3: Key Terms
Outlines 76 key terms and concepts, including their definition, notable cases, and importance/implication
,Case Who When Importance Topics
Albania held responsible for mines that killed British sailors, even though they claim they didn't lay the
mines themselves
State responsibility
Corfu Channel Case UK v. Albania 1949 1. Example of act through ommision: Albania’s failure to warn UK boats about mines → found (conduct), prohibition
responsible for breach of use of force
2. UK then started a minesweeping operation. ICJ condemned this it violated Albania's territorial
integrity.
Negotions between France (colonised Cambodia) and Thailand on border. Map was incorrect but was
not brought up until much later.
Cambodian Temple
Cambodia v. General principles of
Case (Preah Vihear 1962
Thailand 1. Supports General Principles of Law because the map was widely accepted among everyone law, acquiescence
dispute)
2. Demonstrates acquiescence: Thailand did not object until French troops left Cambodia 1954,
claiming the temple belonged to Thailand. ICJ ruled temple belongs to Cambodia
US financially supplied Nicaraguan rebels to overthrow their leader. Nicaragua tried suing the US. US
tried to claim it was "state practice" to restore order
1. Indirect use of force
- Nicaragua case confirms giving assistance to rebels can be indirect use of force contrary to IL
- Financial assistance =/= indirect use of force, but still contrary to IL as intervention in another state’s
affairs
- But humanitarian assistance is lawful, provided it is given equally to rebels and the community in need
2. State intervention
- Court rejected idea that there was a right of intervention (to the level of use of force) to support the
Use of force, jus
Nicaragua Case Nicaragua v. USA 1986 “political or moral values” of a rebellion
cogens, CIL
- Prohibition of intervention is ideologically neutral
3. Customary IL
- ICJ saw opinio juris in the fact that most states abstained from the use of force ever since UN Charter
(1945)
- ICJ explained that the Charter provisions on self-defence needed to be supplemented by CIL
requirements of ‘necessity and proportionality’
- For a rule to be established as CIL, State practice does not always need to conform with the rule; if a
State acts in a way incompatible with the rule, but "defends its conduct by appealing to exceptions or
justifications" for the rule, this further confirms the rule's existence
UK requested court decision on whether Norway had used a legally acceptable method in drawing the
baseline from which it measures territorial sea. UK: no longer than 10 miles. Norway: general principle
of international law. Ruling: Norway did not breach international law
Norwegian Fisheries Persistent objector,
UK v. Norway 1951
Case consent
1. Persistent objector rule - If state objects to any outside attempt to apply the rule in initial stages and
in a consistent manner - If other state did not object to the resistance => the state is not bound by the
existing customary law
, Case Who When Importance Topics
Germany, NL and Denmark fighting over how much sea they get. Germany fought against equidistance
which would give them less.
North Sea Germany v.
1. The precise limitations of boundaries is not essential to statehood (Statehood and Recognition) Opinio juris,
Continental Shelf Denmark/Netherland 1969
2. Example of opinio juris; states followed in example after statehood
Case s
3. Germany was a NEGOTIATING STATE but not a STATE PARTY. They signed the treaty but didn't
ratify it, therefore they're not bound
4. Example of how CIL requires compromise (Germany)
- Facts: Rebellion in Peru 1948, leader of rebellion granted asylum by Colombia; Columbia sought (and
Peru refused) a safe conduct to allow him out the country → Colombia brought case against Peru in
ICJ
- Judgement: Rejected; not found that custom of Asylum was uniformly or continuously executed
Asylum Case Colombia v. Peru 1950 sufficiently to demonstrate that it was a general custom CIL, state practice
1. Court’s description of custom as a “constant and uniform usage, accepted as law” widely quoted
2. Local Customs: possibility of regional CIL, or even CIL just between 2 states; local custom =/=
general custom
1. In the AO, the ICJ said there is no source of IL, customary or treaty, that explicitly prohibits the
Legality of the Threat of use of
possession or use of nuclear weapons. The only requirement is their use must be in conformity with the
Threat or Use of [Advisory Opinion] 1996 force, nuclear
law on self-defence & principles of IHL.
Nuclear Weapons weapons
2. Confirmed in AO that the threat of the use of force is just as unlawful as the actual use of force
France sued Serbia before the ICJ, and France said Serbia hadn't paid up their debts. Serbia defended
themselves saying there had just been a war and getting gold was very difficult. They tried to invoke
France v. Serb- Force Majeure as a justification Force Majeure
Serbian Loans Case 1929
Croat-Slovat State (unsuccessful)
1. However, Serbia also had an option to pay a different currency, therefore they couldn't successfully
invoke FM
Malta-Libya
Continental Shelf Libya v. Malta 1985 1. Treaty may change/replace customary rule Law-making
Case
Gabcikovo- 1. Treaty may codify customary rule
Law-making, state
Nagymaros Project Hungary v. Slovakia 1997 2. Narrow ground of state necessity. Gabcikovo: state concerned is not sole judge of whether state
necessity
Case necessity has been met → must have high standard of proof
Soft law may provide authoritative guidance on interpretation of a treaty
- E.g. 1960 UNGA Res. on Self-determination → 1975 Western Sahara Case
- Can use resolution to interpret UN Charter, which is legally binding
Western Sahara Soft law, Advisory
[Advisory Opinion] 1975 - Western Sahara Case applies the soft law of the UNGA resolution
Case Opinions
AO: ICJ held in WSC that it was now established that AOs did not depend on the consent of interested
states, even when the case concerned a legal question pending between them
Topics covered include:
Law-making; Statehood and Recognition; Law of Treaties; Use of Force; State Responsibility; Peaceful Settlement of Disputes and the ICJ
This document contains 3 sections.
Section 1: Legal Cases
Covers 55 legal cases, outlining the importance of each case
Section 2: Sources of International Law
Outlines the different treaties, conventions and declarations, including the relevant Articles within them, for each of the topics
Section 3: Key Terms
Outlines 76 key terms and concepts, including their definition, notable cases, and importance/implication
,Case Who When Importance Topics
Albania held responsible for mines that killed British sailors, even though they claim they didn't lay the
mines themselves
State responsibility
Corfu Channel Case UK v. Albania 1949 1. Example of act through ommision: Albania’s failure to warn UK boats about mines → found (conduct), prohibition
responsible for breach of use of force
2. UK then started a minesweeping operation. ICJ condemned this it violated Albania's territorial
integrity.
Negotions between France (colonised Cambodia) and Thailand on border. Map was incorrect but was
not brought up until much later.
Cambodian Temple
Cambodia v. General principles of
Case (Preah Vihear 1962
Thailand 1. Supports General Principles of Law because the map was widely accepted among everyone law, acquiescence
dispute)
2. Demonstrates acquiescence: Thailand did not object until French troops left Cambodia 1954,
claiming the temple belonged to Thailand. ICJ ruled temple belongs to Cambodia
US financially supplied Nicaraguan rebels to overthrow their leader. Nicaragua tried suing the US. US
tried to claim it was "state practice" to restore order
1. Indirect use of force
- Nicaragua case confirms giving assistance to rebels can be indirect use of force contrary to IL
- Financial assistance =/= indirect use of force, but still contrary to IL as intervention in another state’s
affairs
- But humanitarian assistance is lawful, provided it is given equally to rebels and the community in need
2. State intervention
- Court rejected idea that there was a right of intervention (to the level of use of force) to support the
Use of force, jus
Nicaragua Case Nicaragua v. USA 1986 “political or moral values” of a rebellion
cogens, CIL
- Prohibition of intervention is ideologically neutral
3. Customary IL
- ICJ saw opinio juris in the fact that most states abstained from the use of force ever since UN Charter
(1945)
- ICJ explained that the Charter provisions on self-defence needed to be supplemented by CIL
requirements of ‘necessity and proportionality’
- For a rule to be established as CIL, State practice does not always need to conform with the rule; if a
State acts in a way incompatible with the rule, but "defends its conduct by appealing to exceptions or
justifications" for the rule, this further confirms the rule's existence
UK requested court decision on whether Norway had used a legally acceptable method in drawing the
baseline from which it measures territorial sea. UK: no longer than 10 miles. Norway: general principle
of international law. Ruling: Norway did not breach international law
Norwegian Fisheries Persistent objector,
UK v. Norway 1951
Case consent
1. Persistent objector rule - If state objects to any outside attempt to apply the rule in initial stages and
in a consistent manner - If other state did not object to the resistance => the state is not bound by the
existing customary law
, Case Who When Importance Topics
Germany, NL and Denmark fighting over how much sea they get. Germany fought against equidistance
which would give them less.
North Sea Germany v.
1. The precise limitations of boundaries is not essential to statehood (Statehood and Recognition) Opinio juris,
Continental Shelf Denmark/Netherland 1969
2. Example of opinio juris; states followed in example after statehood
Case s
3. Germany was a NEGOTIATING STATE but not a STATE PARTY. They signed the treaty but didn't
ratify it, therefore they're not bound
4. Example of how CIL requires compromise (Germany)
- Facts: Rebellion in Peru 1948, leader of rebellion granted asylum by Colombia; Columbia sought (and
Peru refused) a safe conduct to allow him out the country → Colombia brought case against Peru in
ICJ
- Judgement: Rejected; not found that custom of Asylum was uniformly or continuously executed
Asylum Case Colombia v. Peru 1950 sufficiently to demonstrate that it was a general custom CIL, state practice
1. Court’s description of custom as a “constant and uniform usage, accepted as law” widely quoted
2. Local Customs: possibility of regional CIL, or even CIL just between 2 states; local custom =/=
general custom
1. In the AO, the ICJ said there is no source of IL, customary or treaty, that explicitly prohibits the
Legality of the Threat of use of
possession or use of nuclear weapons. The only requirement is their use must be in conformity with the
Threat or Use of [Advisory Opinion] 1996 force, nuclear
law on self-defence & principles of IHL.
Nuclear Weapons weapons
2. Confirmed in AO that the threat of the use of force is just as unlawful as the actual use of force
France sued Serbia before the ICJ, and France said Serbia hadn't paid up their debts. Serbia defended
themselves saying there had just been a war and getting gold was very difficult. They tried to invoke
France v. Serb- Force Majeure as a justification Force Majeure
Serbian Loans Case 1929
Croat-Slovat State (unsuccessful)
1. However, Serbia also had an option to pay a different currency, therefore they couldn't successfully
invoke FM
Malta-Libya
Continental Shelf Libya v. Malta 1985 1. Treaty may change/replace customary rule Law-making
Case
Gabcikovo- 1. Treaty may codify customary rule
Law-making, state
Nagymaros Project Hungary v. Slovakia 1997 2. Narrow ground of state necessity. Gabcikovo: state concerned is not sole judge of whether state
necessity
Case necessity has been met → must have high standard of proof
Soft law may provide authoritative guidance on interpretation of a treaty
- E.g. 1960 UNGA Res. on Self-determination → 1975 Western Sahara Case
- Can use resolution to interpret UN Charter, which is legally binding
Western Sahara Soft law, Advisory
[Advisory Opinion] 1975 - Western Sahara Case applies the soft law of the UNGA resolution
Case Opinions
AO: ICJ held in WSC that it was now established that AOs did not depend on the consent of interested
states, even when the case concerned a legal question pending between them
