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International Law
University of Toledo School of Law
Davis, Benjamin G.

Structuring Response to Problems in International Law
o Is there an international legal obligation? (law of war, law of sea)
o Has it been breached in a manner attributable to the state?
o Is there and action that can tie the breach to the state?
o Is there and excuse for the wrongful act?
o Consent
o Force Majeure
o Distress
o Necessity
o Countermeasures:
§ Reprisal- illegal but for breach by other party
§ Reciprocal measure
§ Retorsion- protest or something that state may do
o What type of remedy should be provided?
o Restitution
o Indemnity- paying money
o Satisfaction- apology
o What procedure should be used and how can it be put in place for dispute resolution? (court, reporting mechanism, state to state negotiation)
o Requirements
o enforcement

Intro & Theory
o Changing dimensions of sovereignty
o Absolute sov. à Interdependence or universal sov.
o Territorial authority, integrity and inviolability
o Stability of boundaries important because:
§ Determines what law is used to decide issue
§ Resource and economic concerns
§ Know who you are dealing with if something happens there
o Right of acquisition- background rule in modern conflicts
§ Shoot or fight anyone that crosses your border
§ Can acquire by force or agmt (treaty)
· Treaty law- once treaty is defined, border is set
· Customary intl law
o International law as law
o Law as commands
o Who decides there is a breach?
o Forcible and non forcible measures for enforcement
o Horizontal (decentralized) enforcement- how states act vis a vis, dictates how much respect will be given to the rule that is to be applied
o Anticipatory self defense- permitted in intl law
o 2 kinds of intl law
o Law of war
§ Leiber code- created during civil war, how to act
o Law of peace
§ Use this before going to armed conflict
§ Kellogg –Briand pact- signed after WW1- renounces war as a political tool, can have wars in self defense if you are attacked
§ League of Nations- Wilson carves up Europe on self determination and minorities
§ United Nations- created by treaty, many specialized agencies underneath it (GATT/WTO, IMF)
§ Nuremberg- crimes against the peace, violated Kellogg Briand pact
§ Regional Tribunals

Sources of Intl Law
o Conventions/Treaties
§ does not apply to every state, just those that agree to it. Sign treaties because:
· mutual benefit to deal with a problem
· allocating risks
· bilateral commitment
§ Can be made btw states or btw states and intl orgs
§ Can reflect customary intl law
§ Vienna Convent

b units
· Modifications
· Interpretation
o Art 3: Doesn’t affect legal force of agmts not covered, but may codify rules for custom that are relative to the other agmts
o Rule of interpretation:
§ Art 31: Interpret in good faith
§ Art 31: In accordance with ordinary meaning
§ Art 31: In context
§ Art 31: In light of object and purpose
§ Art 31: Subsequent agreements or practice
o Art 32: Supplementary means of interpretation- when interpretation using Art 31 is ambiguous or unreas, use
§ Preparatory work
§ Circumstances
o Art 45: Can have an issue with the validity of the treaty but through conduct show that you still accept
o Pacta sunt servanda- acting in good faith in treaties, look to judicial decisions to decide good faith
· Breach
· Observance
· Termination
o Art 42: Must find something within this convention to challenge a treaty once it is formed, or terminate through the treaty itself
o To get out of treaty:
§ Look to treaty language to see if it says how to, or get everyone’s consent