I. Introduction: What is International Law (3-33)
A. Libya and Chad Dispute over the Aouzou Strip
1. Chad claimed 1955 treaty (b/t France and Libya) gave it rights to the strip b/c it outlined the border agreements France had previously made to Italy (who colonized Chad)
2. Libya claimed treaty was invalid b/c of coercion of its King
3. Libya invaded Chad
4. Chad bitched to UN Security Council for withdrawal
5. States agreed to submit to the International Court of Justice (ICJ) (Judicial organ of U.N.)
a. Traditional Int’l dispute:
i) Parties: states
ii) Dispute: territory
iii) Legal Instruments: titles/treaties
6. Positivists: argue that law is created by humans for definite conditions and purposes rather than by some supreme being for all eternity. Made distinction b/t “sovereign” states (i.e. European) and non-states. Sov. States could do whatever they wanted to others.
7. Resolution of Chad/Libya Dispute
a. Concluded land all belonged to Chad based on treaty and map showing outline of strip belonging to Italy (then Chad) from 1899.
b. 1955 treaty was renewed in 1966. Ct felt that if there was a serious dispute, that Libya would have protested in that 11 year period.
8. Boundaries: A boundary established in a treaty achieves a permanence which the treaty itself does not necessarily enjoy.
B. The Rainbow Warrior Affair (page 18)
1. France bombed Green peace boat while docked in New Zealand
2. 2 French guys arrested and France claimed it would agree to responsibility so its officers shouldn’t be held responsible for obeying orders
3. NZ said that neither international law or NZ law excused criminal acts on these grounds
4. Neither side was willing to enter bilateral negotiations.
5. France and New Zealand agreed to allow UN Secretary to give binding ruling.
a. France was to apologize, pay 7MM USD,
b. NZ was to release prisoners to be transferred to military island of France outside of Europe for three years.
6. The Rainbow Warrior affair illustrates some of the ways that the traditional understanding of international law reflected in the Chad-Libya dispute – as a body of rules binding upon states in their relations – has been supplemented by a new international legal process characterized by new actors, issues, and modalities of prescription and enforcement. (page 25).
II. Treaties and Treaty Law (33-69)
A. ICJ Statute (Art. 38) suggests that courts and other decision makers find existing international law and apply it. Although treaties and custom are the principal means that international law is applied, it is supplemented by international organizations, NGOs (private, voluntary citizen’s groups), and multinational enterprises.
1. Treaties are preferred
a. Content is easier to determine
b. Reflect the formal consent of the states.
a. Evolves from state practice
b. Binds all states that have not objected
3. Soft Law
a. Declared norms of conduct understood as legally nonbinding by those accepting the norms
b. Declarations of international organizations
c. Industry codes of conduct
B. The Cyprus Conflict
1. Cyprus almost always occupied by foreign power
2. As a result of London accords, Cyprus became independent State
3. Power divided between Greek Cypriots and Turkish Cypriots
a. Under Treaty of Guarantee, Cyprus agreed to ensure respect for its constitution and to eschew any activity tending either to promote union with any other country or partition.
b. In turn, Greece, Turkey, and UK agreed to recognize and guarantee independence, territorial integrity, and security of Republic of Cyprus, and also the state of affairs establish by its Constitution.
c. Art. IV of the treaty: all measures necessary to ensure compliance
4. Greek President proposed substantial amendments to Constitution
5. Turkish flew warning flights pursuant to article IV.
6. UN sent in forces and Turkey invaded Cyprus.
C. Violators of International Law
1. Not all violations discredit equally
2. Not all actors have a repudiation worth preserving
3. Success depends:
a. Immediate gains from breaking the agreement
b. Lost stream of future benefits and rate of discount applied to that stream
c. Expected repudiation costs
D. Application of Treaty Law to Cyprus
1. Vienna Convention on the Law of Treaties (adopted 1969) (page 43)
a. Many tribunals and states relied on the Vienna Convention as an accurate statement of international law even prior to the treaty’s entry into force.
b. US not a party but consider the convention as the authoritative guide to current treaty law and practice
c. Art. 2. “Treaty” – international agreement concluded between states in written form and governed by international law, whether embodied in a single or multiple instruments.
d. Statements by public officials, while not treaties, can be binding on that country
e. Who speaks for the state? (page 45)
i) Art. 7: Person considered to represent a state if he produces appropriate full powers or it appears from practice of State that their intention was to have this person represent them OR heads of state/government
ii) Art. 8: If person without Art. 7 “consent” makes treaty, not binding unless afterwards confirmed by State.
f. Invalidating Treaties (page 50)
i) Art 45: Cannot invalidate a treaty after already expressly agreeing or validating through conduct.
ii) Art: 51 – Coercion of Representative: Expression of a State’s consent to be bound by a treaty which has been procured by the coercion of its representative through acts or threats directed against him shall be without legal effect.
iii) Art: 52 – Coercion of State: Treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of Int. Law embodied by the UN Charter.
g. Evaluating and Interpreting Treaties (pg 61)
i) Art. 31 – General Rule of Interpretation: Interpreted in good faith in accordance w/ordinary meaning given to terms of treaty in context of object and purpose.
h. Treaties Violating International Law (pg 58)
i) Art. 53 – Treaties conflicting with norm or IL: Treaty is void if at time of conclusion, it conflicts with peremptory norm or general international law.
ii) Art. 64 – Energence of New Norm: If treaty already exists but new norm of general international law emerges, treaty becomes void and terminates.
i. Treaties and Sovereignty
i) Often invoked in opposition to a state’s participation in various regimes, usually by domestic groups who object to what they perceive as a loss of national decision-making authority over the areas subject to regulation by treaty.
ii) Definition: the whole body of rights and attributes which a state possesses in its territory to the exclusion of all other states, and also in its relation with other state.
j. Denunciation/Breach of a Treaty (pg 65)
i) Art. 56 – Denunciation or Withdrawal from Treaty w/out Provision to do so: A treaty which contains no provision regarding termination or withdrawal is not subject to these things unless it is established that the partied intended to do so or a right of denunciation is implied by the nature of the treaty.
ii) Art. 60 – Suspension of a Treaty: Suspending the treaty for a specific period of time but you can come back
i. Bilateral material breach terminate or suspend
ii. Multilateral material breach unanimous agreement of parties suspend or terminate offender of everyone involved.
wish, any more than it recognizes the right of other states to claim such separation
2. In order for territorial sovereignty to be applicable, the state must be fully formed and not be undergoing transformation or dissolution. The situation in those cases is obscure from a legal point of view and will not become clear until the period of development is completed and definite new situation which is normal has been established. (p.114)
3. Aaland Islands (pg. 121)
a. The island wanted to separate but decided it was a matter of international law b/c the territory is in dispute – if the land would satisfy the four elements of a “State”. Principles of self determination comes into play – Finland ca not say the land is a part of their country b/c there were political plays in the past.
b. Preservation of Swedish values didn’t require unification w/ Sweden. Never oppressed by Finnish.
c. League of Nations recommended islands remain part of Finland, but be subject to a special regime providing for their demilitarization and a special autonomy regime that included for instance the teaching of Swedish in schools.
d. Internal self determination – a distinct minority group has rights but can enjoy them within the state – do not need to succeed from larger state to enjoy these rights
e. External self determination – concept that the minority groups’ rights are not recognized or protected within the state. In those extreme cases, a succession is allowed.
F. Self Determination after the UN Charter
2. Declaration on the Granting of Independence to Colonial Countries and Peoples
a. All cultures have the right to self-determination (124). By virtue of that right thy freely determine their political status and freely pursue their economic, social, and cultural development
3. Declaration on Principles of Int’l law concerning friendly relationship and co-operation among states in accordance with the Charter of the UN
a. The principle of equal rights and self determination of peoples. Same idea as #2 above.
4. UN Charter Article 1 – Purpose of the UN – develop friendly relations among nations based on respect for the principle of equal rights and self determination of peoples…
5. UN Charter Article 73 – Rules for rights of those who have not yet attained full measure of self-government
a. Member states shall recognize the rights of their cultures
6. What is the scope of self-determination????? ASK STERIO.
G. Border Disputes (130)
1. Africa was de-colonized in the 1960s
2. Territories of the new states was determined by their pre-independence colonial borders—borders b/t imperial domains and administrative borders (principle known as uti possidetis)
3. OAU (organization of African unity) issued opinion re: borders
a. Burkina Faso v. Mali: submitted dispute to ICJ
i) States agreed that principle should control
ii) Requirement of stability to survive has induced new African states to consent to border lines
b. Yugoslavia: (133)
i) Except where otherwise agreed, former boundaries become boundaries protected by international law – uti possidetis per Burkina Faso v. Mali dispute.