Course 3.5 Public International Law Case Law Overview
Case Law Public International Law
Issue Case Relevant in case
TREATIES
Principles
Pacta sunt servanda importance Gabcikovo v. Nygamaros Parties finds with an agreed solution within the context of treaty, if they do in good faith
Customary law v International law
Nicaragua Can exist alongside each other, one does not subsume or supervene the other
Reservations
Object and purpose of a treaty Genocide Reservation is compatible with the object & purpose then it is possisle, isn't it?> no party
Effects Armed Activities Reservations against jus cogens norm, then they your not a party, thats not possible
Termination or suspention
Funamental change circumstances - art 62 VCLT Gabcikovo v. Nygamaros Referred to Fisherman Case
see Gabcikovo case Fisherman Case Considerd as a codification of custom IL on subject of termination of a treaty relationship
STATE RESPONSIBILITY
Private acts
Acts acknowledged and adopted by state on his own Tehran Hostages Two faces: (1) leck of intervenion (2) action by the state --> now codified in Art 11 ILC
States excercise control Nigaracua Effective control
DISPUTE SETTLEMENT
Legal methods
Negotiations North Sea Continental Shelf You have to do the negotiation on the principle of good faith -> so do your best
Nuclear Weapons Negotiations must be pursuit (achtervolgt) on the matter of good faith
Court competence
Indicate - interim measure La Grand Indicate means that interim measures has binding effect
STATE IMMUNITY
vs. Ius Cogens
cannot be a conflict, two different rules Jurisdiction Immunity of State A state is not deprived (beroofd) of immunity by reasons of facts of violations
Immunity is procedural and jus cogens substansive law
IMMUNITY OF HIGH-RANKING STATES
under customary law and IL Warrant Immunity is necessary to safeguard the effective performance of such ministers funct.
but it does not necessarily to lead to impunity.
Functional or private?
Warrant No distinction can be drawn between official act or a private act
Personal immunity can be removed Pinochet When official enjoys personal immunity and has committed act by fuctional, then protect
Case Law Public International Law
Issue Case Relevant in case
TREATIES
Principles
Pacta sunt servanda importance Gabcikovo v. Nygamaros Parties finds with an agreed solution within the context of treaty, if they do in good faith
Customary law v International law
Nicaragua Can exist alongside each other, one does not subsume or supervene the other
Reservations
Object and purpose of a treaty Genocide Reservation is compatible with the object & purpose then it is possisle, isn't it?> no party
Effects Armed Activities Reservations against jus cogens norm, then they your not a party, thats not possible
Termination or suspention
Funamental change circumstances - art 62 VCLT Gabcikovo v. Nygamaros Referred to Fisherman Case
see Gabcikovo case Fisherman Case Considerd as a codification of custom IL on subject of termination of a treaty relationship
STATE RESPONSIBILITY
Private acts
Acts acknowledged and adopted by state on his own Tehran Hostages Two faces: (1) leck of intervenion (2) action by the state --> now codified in Art 11 ILC
States excercise control Nigaracua Effective control
DISPUTE SETTLEMENT
Legal methods
Negotiations North Sea Continental Shelf You have to do the negotiation on the principle of good faith -> so do your best
Nuclear Weapons Negotiations must be pursuit (achtervolgt) on the matter of good faith
Court competence
Indicate - interim measure La Grand Indicate means that interim measures has binding effect
STATE IMMUNITY
vs. Ius Cogens
cannot be a conflict, two different rules Jurisdiction Immunity of State A state is not deprived (beroofd) of immunity by reasons of facts of violations
Immunity is procedural and jus cogens substansive law
IMMUNITY OF HIGH-RANKING STATES
under customary law and IL Warrant Immunity is necessary to safeguard the effective performance of such ministers funct.
but it does not necessarily to lead to impunity.
Functional or private?
Warrant No distinction can be drawn between official act or a private act
Personal immunity can be removed Pinochet When official enjoys personal immunity and has committed act by fuctional, then protect
