1

. PowerPoint

4 1

4 2

( Lotus
)
4 1

4 1 (.)
subjective territoriality

(Objective territoriality)
(Effect Doctrine)

5 6 (.)

Diplomatic Protection

8 () 9 (.)

()
4 2 (.)

8 () (1)-(13) (.)

( )

2

7 (.)

( )
( )

1.

2.

(Recognized)
(Subject of International Law)
(Entity)

(Object of International Law)

Inter governmental Organization NGO

1.

2. (International
Comity Comitas gentium) (Moral)

3. (State Responsibility, Economic

Sanction, Diplomatic Isolation)

Integration
Sovereignty, Supranational

Enforcement, Consessus

Pacta Sunt Servanda,

Voluntarism- Positivism
Auto Autonomy

Common consessus

Pacta sunt servanda

:
Objectivism: Solidarist, Marxist

1.

(Customary International Law)
(State Practice)

(Public International Law)

(State, Sovereignty, Diplomatic Immunity, Law of the Sea, Law of War)

Public international Law

Law of War, Jus ad bellum, Jus in bello

Private International Law, International transaction , International trade law, Maritime Law,
International environmental law, International criminal Law, Intellectual property law,
International organization Law, Humanitarian Law
2.

2.1 16

a. , , Jus gentium , Middle

Age
2.2 16 1

b.

1
2.3 1

c. 1
d. 2 Collective Security, Socialism- Liberalism, Cold War, North-South
e. Economic War, Neo Liberalism, Global Market

1.
2.

1. (Treaty)
2. (Customary International Law)

erga omnes

: Material element, Time element, Psychological element)

3. (General Principle of Law)

de lege ferenda
lacunae lex ferenda soft law, Guideline

Lex lata

(Jurisprudence of International Law)

(Doctrine of Publicist)

(Unilateral Acts)


Acts, Decision, Resolution, Declaration
Law-Making Treaty
Universal Declaration of Human rights
Displaced Persons

1.
1.1 4
1.2
-

-

1.3

- (National)
-
1.4


1.5
1.6

Clean Hand

National Treatment

2.
2.1
-



-
2.2
-
2.3
-
-
2.4
- Recognition de Facto

- Recognition de Jure
2.5
- Doctrine of
Legitimacy
- Doctrine of effectiveness
2.6 :

2.7

3.
3.1
-
1.
2.
-
1.

2.
3.2

4.
-

1.
2.
3.

:


-

10

Inheritance Agreement Assignment Treaty

1978 11

11

12

object of International Law


(Direct effect)

inherent rights
inalienable rights

13

European Convention on Human rights

ICSID
International Centre for Settlement of Investment Dispute
3

-
-
-

14

-


Diplomatic Protection

- Effect Doctrine

Effect Doctrine

-

-

(State land)

- (National or internal or interior waters)

(Mouths of rivers) (Ports and Harbors)
(Gulfs and Bays) (State
Land)

- (Territorial Sea)

(Base line) 12

(Sea bed) (subsoil)

- (Archipelagic waters)

- (Straight Baselines)

15
-

Innocent passage

- (Straight Baselines)
12

(Rivers)

1.

2. (Boundary Rivers)

3.
(Plurinational or multi-national Rivers)

4.

(International Rivers)


(Lakes and land-locked seas)

(Lakes and land-locked seas)

(Windermere) (Balaton)

(Canals)

(Canals)
(Corinth Canal)




(Gulfs and Bays)

(Gulfs and Bays)

1.

16

2.
(the
Closing Line) (Line inter fauces terrae)

10 1982 Closing Line

() 24

() 24
24

(Historic bays)
1. (Historic bays)
10

2. (Hudson Bay)

580,000 50
Estuary of the River Plate

()
()

()
(Straits)

1. (Straits)

2.
3. 12

1.

2.

Innocent Passage Transit Passage
1. (Innocent Passage)

-
-

-

2. (Transit Passage)

17
-
-

1.

2.

1.

2.

..1944


5

(Bermuda II)

1.
(Open skies)
2. 31 1978
1957

(Country-of-Origin Rule),

3.
1929

4. 1963

5. 16 1970

6. (Montreal Convention) 23 1971

18

24 1988

1.

2.
3.

1.

2. (Natural Boundaries)

1.
-

- (Mountain Boundaries)
-

- (Delimitation)
- (The Highest Peak Crete)

- (Watershed)

(Continental water divide or a local water divide) (Main

Watershed) (Ridge)

2.

19

(Median Line)

(Thalwag)

1.
Gradual erosion Gradual accretion

2.

1.

2.

3.
4.

5.

1.

2. (Delimitation Commission)
3. (Demarcation Commission)

4.

5.

6.

20
1.

2.

3.

4.
5.

(Cession)
1.

.. 1867

7,200,000 1899 (Caroline Island)

25,000,000 pesetas 1916

Danish West Indies (The Islands of St Thomas, St John and St,

Croix ) 25,000,000

2. Slesvig
.. 1920

3.

(Republic of Genoa) (Corsica) 1768
(Wismar) (Mecklenburg) 1803

(Kiaochow) 1898 Wei-Hai-Wei

(Kuang-chow) Port Arthur

/

1.

2. 52

3.

(Occupation)

1.

(An
original mode of acquisition of sovereignty)

(it must be
acknowledged by a state after its performance)
2.
(Terra Nullius) (Res Nullius)

3.

(Real

21
Occupation)
(Accretion)
1.

2.

(Maritime

Belt)
(Ipso facto)

3.

(Subjugation)
1.

2. 10

(Prescription)
1.

2.Usucapio Usucaptio Usucaption

3.

Uti possidetis

4.

5. Uti possidetis

1.

22
1.1

1.2

1.3

1.4
1.5

1.6

2.

2.1


2.2
3.

3.1
(ipso facto)

3.2

3.3

4.

4.1
(Secession)

4.2 1579
1830 1776

1822 1830
1898 1903

4.3

4.4

5.

5.1

5.2

23

5.3

(Collective
Defense)

5.4 (Mala fide)

6.
6.1
(Accretion)

6.2

6.3

6.4

6.5

6.6

6.7

Ipso facto
7. (Dereliction)

7.1

(Occupation) Terra Nullius

Res Nullius

7.2

7.3

7.4 (Taking possession) (Corpus)

7.5 (Animus)
7.6 (Actual abandonment)

7.7 (The intention of Giving up sovereignty)

7.8

24

1.
1.1

1.2

1.3
1.4

1.5

1.6

2.

2.1

2.2

1.
(internal waters) (territorial sea)
(archipelagic waters) (air space)
(territorial sovereignty)

(contiguous zone)

(exclusive economic
zone) (continental shelf) (sovereign rights)

(not plenary)

(analogous to territorial
jurisdiction)

2.

25
1. (subjective territoriality)
(commencing)

(some element of offence)
(completion of offence)

2. (objective territoriality)

(effects doctrine)

1. (exclusive right)

2.

3.
4.
5.
3.

3.1

3.2

4.

4.1

4.2 passive personality

5.

5.1 (Protective Principle)

5.2

26
(certain offences of an international character)

6.

6.1

6.2 (Universal interest)

(dilicta jurius gentium)

6.3

(Universal
jurisdiction)

6.4 (nature)
6.5

1. 4 1

2. 4 2
( Lotus
)
4 1

1.
2.

3. Jurisdiction
Territorial Jurisdiction

4.Personal Jurisdiction ()
5.

1.

2.
4 1 (.)

3. subjective territoriality

4. (Objective territoriality)
(Effect Doctrine)

27

5 6 (.)

1.
.

2. Diplomatic Protection
3.

4. 8 () 9 (.
)

5.

()
4 2 (.)

8 () (1)-(13) (.)

( )

7 (.)

( )
( )

28
1.

1.1


Kelsen

Jellinek

1.2

Pacta Sunt Servanda

Subject of International Law

1.

2.

3.
4.
2.

2.1
2.2

2.3

2.4

1.
1.1

(Conventional Law)

1.2

-
2.

2.1



2.2
-
()

- ()

29
-
( )
2.3
-

-
2.4

3.

3.1

3.2

3.3

1.

-
Gazette du Palais

2.

2.1


2.2

30

1.

2.

1.

2.

3.

4. (Raison detat)

5.

224 11 2540

224

"

"

"
"

""

" "
""

31

""

""

( "")

""

1.
2.

2.1

2.2

5
6

1.
1.1

1.1.1
-

-
1.1.2

-

1.2
1.2.1
-

32
1.2.2
-

1.2.3
-
-

2.

2.1 :
2.1.1

2.1.2
-

:

-

2.2
2.2.1

2.2.2

2.3
2.3.1

: ,
: GATT/WTO,
2.3.2

1.
1.1

1.2

33

2.

1.

1.1

1.2

1.3

1.4 :

2.

1.
2.
3.

4.

1.
2.

3.
4.

1.
1.1

1.2

34
1.3

2.
3.

3.1

3.2

3.3

3.4

3.5

:
:

3.6

3.7

3.8

35

3.9

7
1. (Jus ad bellum)

1.1

1.1.1

19

19

36

1,2 1919, Briand-Kellog Pact 1928
1.1.2

. 2 4,5
. 51,106,107

. 2 4,5
2 4
. 51
. 2 5
.106
UN

Jus cogens
()
: 2625 (XXV)
3314 (XXIX)
: , Pacific-Co-existence

1.

: ;

2.

: UN
:

1.2

1.2.1

37
53 51
50
1.2.2
-

2. (Jus in bello)

2.1 Jus in bello

2.1.1
-

-

1.Geneva Law
1.1 4

2.Hague Law
2.1

2.2

2.1.2
-

2.1.3

-

38
(NGO)
-

2.2
2.2.1

-
1.

:
:

2.

-
1.

2.

:
:

-
1.

2.



2.2.2

39
-

2.3

2.3.1

2.3.2




2.3.3

2.3.4

8

1.
1.1
-

1.
2.

3.

-
1.

2.

-
1.

40
2.

3.
4.
()
5.

1.2

-
-

-
-

-
-
-

1.

2.
1.3

1.3.1
-

1.3.2
-

-
-
-
2.
2.1
-
-

2.2
-
-

-
-

2.3
-

-
9

41

177 (II) 21 1947

46/54 9 1991

1994

15 17 1998

161
NGO 124

120 7
21

53/105 8 1998

Preparatory Commission for the international Criminal Court- PCNICC

F PCNICC
PCNICC

42

126 60
60

31 2000 139 66
11 2002

. 3 2004 94
1 2002

3-7 2003 18
7

21 2003 Luis Moreno Ocampo

2 2000
Chronology of the International Criminal Court
1945 Establishment of the International Military Tribunal known as the Nuremberg
Tribunal by the London Agreement to try alleged Nazi war criminals.
1946 The Allied Powers of World War II approved the Charter that established the
International Military Tribunal for the Far East known as the Tokyo Tribunal to prosecute
Japanese war criminals.
1947 The United Nations Convention on the Prevention and Punishment of the Crime of
Genocide was adopted. Article I of the Convention stated that genocide is "a crime under
international law", and article VI indicated that persons charged with the offence of genocide
"shall be tried by a competent tribunal of the State in the territory of which the act was
committed or by such international penal tribunal as may have jurisdiction . . ." In the same
resolution, the General Assembly invited the International Law Commission "to study the
desirability and possibility of establishing an international judicial organ for the trial of
persons charged with genocide . . ."
1949 - 1954 The International Law Commission prepared several draft statutes for an ICC
but differences of opinions forestalled further developments.
1989 In response to a request by Trinidad and Tobago, the United Nations General
Assembly requested the International Law Commission (ILC) to resume work on an
international criminal court with jurisdiction to include drug trafficking.
1993 The United Nations Security Council established the ad hoc International Criminal
Tribunal for the Former Yugoslavia, to hold individuals accountable for the atrocities
committed as a part of what was known ethnic cleansing.
1994 The International Law Commission completed its work on the draft Statute for an
International Criminal Court and submitted the draft statute to the UN General Assembly. To
consider major substantive issues arising from that draft Statute, the General Assembly
established the Ad Hoc Committee on the Establishment of an International Criminal Court.
1994 The United Nations Security Council established the International Criminal Tribunal
for Rwanda (ICTR) by resolution 955 of 8 November 1994 for the prosecution of persons
responsible for genocide and other serious violations of international humanitarian law
committed in the territory of Rwanda between 1 January 1994 and 31 December 1994 and
Rwandan citizens responsible for the same violations in the territory of neighboring States.
1995 The Ad Hoc Committee on the Establishment of an International Criminal Court, met
twice. After the General Assembly had considered the Committee's report, it created the
Preparatory Committee on the Establishment of an International Criminal Court to prepare a
widely acceptable consolidated draft text for submission to a diplomatic conference.
1996 - 1998 The Preparatory Committee, met over this period and held its final session in
March and April of 1998 where it completed the drafting of the text.
17 July 1998 Adoption of the Statute of the International Criminal Court at the United
Nations Conference of Plenipotentiaries in Rome with the participation of representatives of
160 States, 33 Intergovernmental Organizations and a Coalition of 236 Non Governmental
Organizations. 120 countries voted in favor, 7 against and 21 abstained. The ICC was
established not as an organ of the United Nations but as an independent organization with

43
an independent budget.
16 January 2002 Agreement between the United Nations and the Government of Sierra
Leone for the establishment of the Special Court for Sierra Leone to try individuals
responsible for those who bear greatest responsibility for crimes committed in Sierra Leone
during the countrys violent conflict after 30th November 1996.
11 April 2002 60 ratifications of the Statute of the International Criminal Court were
required before the Statute could be enforced. The 60th instrument of ratification was
deposited with the United Nations Secretary General when 10 countries simultaneously
deposited their instruments of ratification as provided by Article 126 of the Rome Statute.
1 July 2002 The Statute entered into force on 1 July 2002. Anyone who commits any of the
crimes under the Statute after this date is liable for prosecution by the Court. (as at 26
February 2003, with 139 signatories, 89 States have ratified or acceded the Rome Statute).
In order to prepare for a smooth and timely beginning for the Court once its officials were
elected, an Advance Team of Experts began work in The Hague, The Netherlands, seat of the
Court. The Team was responsible for the first practical arrangements for the coming into
operation of the Court.
1 July 2002
The Team consisted of eight technical experts in, amongst other things, human resources,
finance, building and facilities management, information technology, legal matters, and
security. With the host state, the Team did preparatory ground work to enable the Court to
start recruiting and commence its basic operations when it formally begins its work. As
mandated, the Advance Team also acted as a custodian for all information addressed to the
Court. Systems were put in place to allow the Team to take possession of such material,
register it in accordance with international standards, and store it in a safe place until it can
be given to the Prosecutor. The mandate of the Advance Team ceased on 31 October 2002.
August 2002 The First session of the Assembly of States Parties to the Rome Statute
adopted the budget of Euro 30 million for the first financial period of the Court (ICCASP/1/Res.12) and adopted various instruments including the Rules of Procedure and
Evidence and Elements of Crimes. In addition, a Director of the Division of Common
Services was appointed, becoming the first senior officer of the ICC responsible for leading
the process to allow the Court to become operational.
15 October 2002 The Director of the Division of Common Services formally took over the
functions carried out until then by the Advance Team. The Division was established with the
intention to maximize efficiency and economy within the parameters of the strict division of
powers set out in the Statute between the judiciary and the Office of the Prosecutor. The
Division provides to the judiciary, the Office of the Prosecutor, the Registry and the Defense
administrative services that are a common requirement of all four.
3 - 7 February, 2003 The resumed session of the first Assembly of States Parties elected
the first 18 judges to serve the Court.
11 March 2003 Inauguration of the ICC and swearing-in of the judges before the President
of the Assembly of States Parties HRH Prince Zeid Ra'ad Zeid Al Hussein. The inaugural
public session was held at the Hall of Knights in The Hague. The ceremony was attended by
Her Majesty Queen Beatrix of the Kingdom of The Netherlands, in Her capacity as Head of
the host state of the Court and by the United Nations Secretary-General Mr. Kofi Annan.
21 - 23 April, 2003 Second resumption of the first session of the Assembly of States
Parties. Mr. Luis Moreno-Ocampo from Argentina elected by consensus as first Chief
Prosecutor of the International Criminal Court.
16 June 2003 Mr. Luis Moreno-Ocampo pledged his solemn undertaking during an open
session of the Court presided by Judge Philippe Kirsch, President of the ICC, and witnessed by
the President of the Assembly of States Parties, HRH Prince Zeid Raad Zeid Al-Hussein of
Jordan. The solemn ceremony was held at the Great Hall of the Peace Palace in The Hague
and was followed by a two days public hearing and debate on the policies of the Office of the
Prosecutor.
24 June 2003 Mr. Bruno Cathala from France elected first Registrar of the International
Criminal Court by an absolute majority of the judges meeting in plenary session.
1 July 2003 First anniversary of the entry into force of the Rome Statute
3 July 2003 Mr. Bruno Cathala pledged his solemn undertaking during an open session of
the Court presided by Judge Philippe Kirsch, President of the ICC, and witnessed by the VicePresident of the Assembly of States Parties H.E. Allieu Ibrahim Kanu.

44
1.

1.1 (Appeals Division)

1.2 (Trial Division)

18

9

5
9

(Appeals Division)
5
(Trial Division)
6
(Trial Chamber) (Pre-Trial
Division) 6
1 3

2.

2.1

2.2

2.3 9

2.4

2.5

3.
3.1

3.2 5

3.3

4.

4.1 PCNICC

45
4.2

4.3
4.4

4.5

1. 18
2.

3.

4.

1.
2. 12(2)

3.
4.
7

46

2 2543
(2000)

17

47
30