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4:17:2022 - Assignment Sheet No. 6
4:17:2022 - Assignment Sheet No. 6
Once admitted, at least under democratic regimes, aliens may not be expelled without due 2. Exclusion of Aliens
process. The state may also avoid liability to aliens by refusing their admission, but this is not regarded
as sound policy since it would provoke retaliation in kind and ultimately isolate its nationals
From the perspective of the state of their nationality, aliens are “nationals abroad”. Therefore, from the rest of the international community.
they remain important for the state of their nationality.
Deportation refers to the removal of an alien out of the country, simply because his presence
The practice of the proper treatment of aliens is based on this “commonality of interest”. is deemed inconsistent with the public welfare and without any punishment being imposed or
contemplated, either under the laws of the country out of which he is sent, or under those of
States protect aliens within their jurisdiction in the expectation that their own nationals will be the country to which he is taken.
properly treated when residing or sojourning abroad.
Exclusion refers to the denial of entry to an alien
Mistreatment of aliens is a common cause of international responsibility.
e.g. mistreatment by judicial or police authorities, unlawful expropriation of
property, failure to prosecute those who attack foreign nationals, or “Denial of
Justice/Due Process of Law”
There is a well-developed customary law for the protection of aliens. The instrument is used
for the protection of aliens is “diplomatic protection” The theory is that, injury to a national
abroad is injury to the individual’s state of nationality.
The relations of that state with its own nationals are purely municipal;
international law is involved in its relations with the nationals of other states.
A state must be given an opportunity to do justice in its own regular way and without
unwarranted interference with its sovereignty by other states.
Basis of Extradition: This requirement may be dispensed with. However, if there are:
1. The extradition of a person is required only if there is a treaty between the state of refuge 1. No remedies to exhaust, as where the laws are intrinsically defective or
and the state of origin. there is laxity or arbitrariness in their enforcement; or
2. In the absence of a treaty – local state has every right to grant asylum to the fugitive and 2. Where the courts are corrupt or where there is no adequate machinery for
to refuse to deliver him back to the latter state even, if he is a national. the administration of justice, there would be NO REMEDY
AVAILABLE FROM “ACTS OF STATE” which are not subject to
Fundamental Principles of Extradition: judicial review.
Tie of Nationality – required to exist from the time of the injury until the time the Guide is the 2001 Draft of the International Law Commission.
international claim is finally settled. Once the tie is broken, the claim itself is deemed
automatically abated (removed/lessened). 8. Internationally Wrongful Act - Page 227 of Bernas
If, the injured national dies while the claim is under consideration and it should happen Article 1. Responsibility of a State for its internationally wrongful acts
that his hers are not nationals of the claimant state, the claim will lapse. Every internationally wrongful act of a State entails the international
responsibility of that State.
6. Enforcement of Claim (Enforcement Regimes) - Cruz Note: No State can escape this responsibility when once it has committed an act
An international claim for damages may be resolved through negotiation or, if this fails, which satisfies the requirements of an “internationally wrongful act”
any of the other methods of settling disputes
In the event that the responsibility of the state is established or acknowledged , the duty to State derives its benefits from the international legal system. Hence, when a state
make reparations will arise. consents to be part of that system, it also accepts corresponding legal obligations.
Such reparation may take the forms of: Article 2. Elements of an internationally wrongful act of a State
1. Restitution There is an internationally wrongful act of a State when conduct consisting of an action
2. Satisfaction or omission:
3. Compensation (a) is attributable to the State under international law; and
(b) constitutes a breach of an international obligation of the State.
6. Enforcement of Claim (Enforcement Regimes) - Page 227 of Bernas Note: Article 2 says that the elements of an internationally wrongful act consists
The International Court of Justice (ICJ), when its jurisdiction is appealed to by states in of a subjective and objective element.
conflict, can resolve issues of violations of the rights of aliens.
Subjective element Objective element
However, claims may be also settled by ad hoc tribunals established for purpose. -the act must be attributable not to the - is a violation of an international obligation.
e.g. 1. US-Iran Claims Tribunal (established to deal with claims of either party persons or agencies who performed it
arising from the Islamic Revolution but to the state itself. - It may consist of something either:
1. active (action)
2. UN Compensation Commission (established by Security Council in 1991 2. passive (an omission)
to deal with claims arising from Iraq’s invasion of Kuwait)
Article 9. Conduct carried out in the absence or default of the official authorities
9. Attribution to the State - Page 228 of Bernas The conduct of a person or group of persons shall be considered an act of a State
The acts which can be attributed to the state may be: under international law if the person or group of persons is in fact exercising
1. Acts of state organs elements of the governmental authority in the absence or default of the official
2. Acts of other persons authorities and in circumstances such as to call for the exercise of those elements
3. Acts of revolutionaries. of authority.
1. Acts of the state organs 9.1 [X] Claire Claim - Page 230 of Bernas
Article 4. Conduct of organs of a State 9.2 Corfu Channel Case - Page 232 of Bernas
1. The conduct of any State organ shall be considered an act of that State under
international law, whether the organ exercises legislative, executive, judicial or 9.3 Nicaragua v. US - Page 235 of Bernas
any other functions, whatever position it holds in the organization of the State,
and whatever its character as an organ of the central Government or of a 2. Acts of other persons
territorial unit of the State.
Article 7. Excess of authority or contravention of instructions
2. An organ includes any person or entity which has that status in accordance The conduct of an organ of a State or of a person or entity empowered to exercise
with the internal law of the State. elements of the governmental authority shall be considered an act of the State
under international law if the organ, person or entity acts in that capacity, even if
Article 5. Conduct of persons or entities exercising elements of governmental it exceeds its authority or contravenes instructions.
authority
The conduct of a person or entity which is not an organ of the State under Article Article 8. Conduct directed or controlled by a State
4 but which is empowered by the law of that State to exercise elements of the The conduct of a person or group of persons shall be considered an act of a State
governmental authority shall be considered an act of the State under under international law if the person or group of persons is in fact acting on the
international law, provided the person or entity is acting in that capacity in the instructions of, or under the direction or control of, that State in carrying out the
particular instance. conduct.
Article 6. Conduct of organs placed at the disposal of a State by another State 9.4 United States v. Iran - Page 239 of Bernas
The conduct of an organ placed at the disposal of a State by another State shall
be considered an act of the former State under international law if the organ is
acting in the exercise of elements of the governmental authority of the State at
whose disposal it is placed.
9.6 Short v. Iran - Page 249 of Bernas What are these principles?
1962 UN General Assembly Resolution on the Sovereignty over Natural
10. Preliminary Objections - Page 244 of Bernas Resources which states:
When brought before an international tribunal, the claim of denial of justice may be lost due
to the following: “Expropriation shall be based on grounds or reasons of public utility, security, or the
national interest, which are recognized as overriding purely individual or private
1. Failure to answer some preliminary objections. interests, both domestic and foreign”
-one objection already seen is the lack of nationality link.
The rule also thus recognizes the power of eminent domain as inherent power of sovereignty.
2. Failure to exhaust national remedies. The rule conforms with the constitutional principles of public use and just compensation. But
-obvious reason of this rule is to protect international courts from being international case law on the subject, generally between developed and developing countries, is
swamped with cases which are better handled locally. not without disputations.
-where the case is involving a treaty that touches on state rights, it should
be resolved on the international plan.
The peaceful means of settling disputes mentioned in the Charter may be classified into:
(a) Non-judicial methods / Diplomatic Methods [negotiations, enquiry,
mediation, conciliation]
(b) Quasi-judicial methods [arbitration]
(c) Judicial method
1. Non-judicial or diplomatic methods (N-MIC) - Page 268 of Bernas
1.1 Negotiation
States are generally hesitant to submit their disputes to an adjudicatory body. Hence,
negotiation is the preferred vehicle.
PEACEFUL OR PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES (c/o The preliminary step to negotiation might be “good offices” when a neutral third party
Toledo) tries to bring 2 disputants together.
-Pages 267 to 294 of Bernas-
Having been brought together, the usual first step, often required before judicial settlement
INTRODUCTION is “negotiation” which may be carried out by:
Not every disagreement is a “dispute”
1. diplomatic correspondence
“Dispute” is a technical term which means “a disagreement on a point of law or fact, a conflict 2. face-to-face dialogue between permanent envoys or
of legal views or interest between 2 persons.” designated negotiators.
A disagreement does not amount to a dispute, if its resolution would have no practical effect No particular set of rules for negotiation, but for a negotiated settlement to be legally
on the relationship between the parties. binding, the parties shall agree to it.
Not every disagreement is a “dispute” The mediator must be approved by both parties.
States cannot be required to submit to arbitration, unless there is a previous agreement 2. The party against which the award was rendered did not receive proper
making arbitration compulsory. notice of the proceedings or was otherwise not afforded an opportunity to
present its case;
What mainly distinguishes arbitration from judicial settlement is that parties have a
greater say in deciding: 3. The award deals with matters outside the terms of the agreement to
1. the law to be applied; arbitrate;
2. composition of the arbitral tribunal.
4. The constitution of the arbitral tribunal was contrary to the agreement of
Three (3) types of arbitral agreements: the parties or to the law of the state where the arbitration took place; or
1. Arbitration Clause 5. The award has not yet become binding on the parties, or has been
Incorporated as part of the treaty. suspended, or set aside by a competent court in the state where it was made.
Commonly found in commercial treaties.
(b) elected regardless of their nationality from among persons of high 4. The provisions of this Article shall apply to the case of Articles 26 and 29.
moral character, In such cases, the President shall request one or, if necessary, two of the
members of the Court forming the chamber to give place to the members of
(c) who possess the qualifications required in their respective countries for the Court of the nationality of the parties concerned, and, failing such, or if
appointment to the highest judicial offices, or are jurisconsults of they are unable to be present, to the judges specially chosen by the parties.
recognized competence in international law.
5. Should there be several parties in the same interest, they shall, for the
purpose of the preceding provisions, be reckoned as one party only. Any
Article 3 doubt upon this point shall be settled by the decision of the Court.
1. The Court shall consist of fifteen members, no two of whom may be
nationals of the same state. 6. Judges chosen as laid down in paragraphs 2, 3, and 4 of this Article shall
fulfill the conditions required by Articles 2, 17 (paragraph 2), 20, and 24 of
2. A person who for the purposes of membership in the Court could be the present Statute. They shall take part in the decision on terms of complete
regarded as a national of more than one state shall be deemed to be a national equality with their colleagues.
of the one in which he ordinarily exercises civil and political rights.
Article 27 1. The jurisdiction of the Court comprises all cases which the parties
A judgment given by any of the chambers provided for in Articles 26 and 29 refer to it and all matters specially provided for in the Charter of the
shall be considered as rendered by the Court. United Nations or in treaties and conventions in force.
Article 31
2. The states parties to the present Statute may at any time declare that But the ICJ, has jurisdiction only when a case has been referred to
they recognize as compulsory ipso facto and without special agreement, it by the parties.
in relation to any other state accepting the same obligation, the
jurisdiction of the Court in all legal disputes concerning (TIE-NE):
Three (3) ways through which the States may accept jurisdiction of the
a. the interpretation of a treaty; court:
1. Ad-hoc basis
b. any question of international law; Happens when one party applies unilaterally to the Court, and
this application is followed by consent of the other State.
c. the existence of any fact which, if established, would
constitute a breach of an international obligation; 2. When parties adhere to a treaty which accepts the jurisdiction of
the court on matters of interpretation or application of the treaty.
d. the nature or extent of the reparation to be made for the
breach of an international obligation. 3. Acceptance of Jurisdiction, which takes place by unilateral
declaration that recognition of jurisdiction in relation to any other
3. The declarations referred to above may be made unconditionally or state accepting the same jurisdiction in all legal disputes.
on condition of reciprocity on the part of several or certain states, or for This creates the optional system of submitting to the jurisdiction
a certain time. of the Court.
4. Such declarations shall be deposited with the Secretary-General of The said optional system is operative only for states that “at any
the United Nations, who shall transmit copies thereof to the parties to time declare that they recognize as compulsory ipso facto and
the Statute and to the Registrar of the Court. without special agreement, in relation to any other state
accepting the same obligation.
5. Declarations made under Article 36 of the Statute of the Permanent
Court of International Justice and which are still in force shall be 3.2.1 US v. Bulgaria (Aerial Incidence Case) - Page 275 of Bernas
deemed, as between the parties to the present Statute, to be acceptances
of the compulsory jurisdiction of the International Court of Justice for 3.2. 2 Nicaragua v. US - Page 276 of Bernas
the period which they still have to run and in accordance with their
terms. 3.2. 3 Case Concerning East Timor (Portugal v. Australia) - Page 278 of
Bernas
6. In the event of a dispute as to whether the Court has jurisdiction, the
matter shall be settled by the decision of the Court.
3.3 Provisional Measures
Article 41
Jurisdiction of the ICJ is applicable only to disputes between the 2. Pending the final decision, notice of the measures suggested shall
states and disputes are settled by international law, and not by forthwith be given to the parties and to the Security Council.
domestic law.
3.3 Nicaragua v. US
such a character as to lay the case open to revision, and declaring the
application admissible on this ground.
4. Intervention - Page 287 of Bernas
Article 62 3. The Court may require previous compliance with the terms of the
l. Should a state consider that it has an interest of a legal nature which may judgment before it admits proceedings in revision.
be affected by the decision in the case, it may submit a request to the Court
to be permitted to intervene. 4. The application for revision must be made at latest within six months of
the discovery of the new fact.
2 It shall be for the Court to decide upon this request.
5. No application for revision may be made after the lapse of ten years from
Article 63 the date of the judgment.
1. Whenever the construction of a convention to which states other than
those concerned in the case are parties is in question, the Registrar shall Article 94 (UN Charter)
notify all such states forthwith.
1.Each Member of the United Nations undertakes to comply with the
2. Every state so notified has the right to intervene in the proceedings; but if decision of the International Court of Justice in any case to which it is a
it uses this right, the construction given by the judgment will be equally party.
binding upon it.
2. If any party to a case fails to perform the obligations incumbent upon it
under a judgment rendered by the Court, the other party may have recourse
4. El Salvador v. Honduras (Nicaragua v. Honduras) - Page 288 of to the Security Council, which may, if it deems necessary, make
Bernas recommendations or decide upon measures to be taken to give effect to the
judgment.
Note:
5. Obligation to comply with decisions - Page 291 of Bernas
IJC Judgments are binding on the parties (Article 59) and are
Article 59
deemed “Final and without Appeal”
The decision of the Court has no binding force except between the parties
and in respect of that particular case.
Enforcement is governed by Article 94 of the UN Charter.
Member states must comply with the judgment.
Article 60
The judgment is final and without appeal. In the event of dispute as to the
meaning or scope of the judgment, the Court shall construe it upon the If a party does not comply, the aggrieved party may appeal to
the UN Security Council “which may, if it deems necessary,
request of any party.
make recommendations or decide upon measures to be taken to
give effect to the judgement.
Article 61
1. An application for revision of a judgment may be made only when it is This may give rise to enforcement measures, which, however, is
based upon the discovery of some fact of such a nature as to be a decisive subject to the veto powers of the permanent members.
factor, which fact was, when the judgment was given, unknown to the Court
and also to the party claiming revision, always provided that such ignorance But the winning state might make use of alternative methods of
was not due to negligence. enforcement such as diplomatic or economic pressure.
At the same time, General Assembly may authorize other UN Agencies to The prohibition of the use of force, however, is not just
seek advisory opinions. conventional law but a customary international law.
7.1 Yugoslavia v. U.S. (Case Concerning the Legality of Use of Force)
Note:
By definition, advisory opinions are non-binding. 7.8. The Secretary-General’s Role in Conflict Resolution: Past, Present, and Pure
Conjecture by Thomas M. Franck. (PDF FILE uploaded @ LMS)
Acceptance or non-acceptance of the advisory opinion is determined by
the internal law of the institution.
Note:
The word “war” is a technical term which does not include some
uses of force.
GUIDE QUESTIONS - ASSIGN. SHEET 6 (c/o Grimares)
What are straights used for international navigation? (See Art. 34 of the UNCLOS) Where the alien can hold the state liable for injuries committed against him while
Article 34. Legal status of waters forming straits used for international navigation within its territory
1. The regime of passage through straits used for international navigation established in
this Part shall not in other respects affect the legal status of the waters forming such What triggers State responsibility?
straits or the exercise by the States bordering the straits of their sovereignty or When an alien suffers injuries committed against him while within its territory
jurisdiction over such waters and their air space, bed and subsoil.
2. The sovereignty or jurisdiction of the States bordering the straits is exercised subject What is an internationally wrongful act?
to this Part and to other rules of international law. There is an internationally wrongful act of a state when:
Can aliens be excluded by a State from its territory? 1. The conduct consisting of an act or omission is attributable to the state under
Yes. Every state has the right, as inherent in sovereignty and essential to its own security and international law; and
existence, to determine in what cases and under what conditions foreigners may be admitted to its
territory. For self-preservation or public interest. 2. The conduct constitutes a breach of an international obligation of that state.
Can a State impose requirements on aliens before it admits them? What is the Act of State doctrine?
Yes, Once admitted, the state has the duty to treaty them justly, in accordance with the law of Act of state doctrine means that a state should not inquire into the validity of the public acts of another
nations. state done within the territory of the latter.
Once an alien is admitted by a State, does he or she possess rights in the foreign territory? What is the principle of the exhaustion of local remedies?
Yes, but only limited by the requirements imposed by the state. Injured foreigner must first exhaust all available local remedies for the protection or
the foreigner may not enjoy the right to vote, to run for public office, to exploit natural vindication of his rights
resources or to engage in certain businesses regarded as vital to the interests of the local state state must be given an opportunity to do justice in its own regular way and without
unwarranted interference with its sovereignty by other states
Is there an international standard of justice? Foreigners must accept the institutions of the state as he finds them.
Yes, but it is a bit controversial. The standard of the reasonable state, as referring to the ordinary EXC: when there are no remedies to exhaust
norms of official conduct observed in civilized jurisdictions. Standard not satisfied if the laws of a Example: laws are intrinsically defective; there is laxity or arbitrariness in their
state are intrinsically unjust. enforcement; courts are corrupt; no adequate machinery for the administration of
justice
What is deportation?
The removal of an alien out of the country, simply because his presence is deemed What is a Calvo clause? Is this valid?
inconsistent with the public welfare, and without any punishment being imposed or No. This clause was rejected in the case of North American Dredging Company Claim
contemplated, either under the laws of the country out of which he is sent, or under those of (1926) by the Mexico-United States General Claims Commission.
the country to which he is take
Different from exclusion (denial of entry to an alien) The right to seek redress is a sovereign prerogative of a state and a private individual has
Act of state no right to waive the state’s right.
Police measure against undesirable aliens whose continued presence in the country is found to
be injurious to the public good and the domestic tranquility of the people Calvo Doctrine: A state is not responsible for the losses incurred by aliens in time of civil
war.
What is the doctrine of State responsibility?
Under this doctrine, a state may be held responsible for: Calvo Clause: Stipulation by which the alien waives or restricts his right to appeal to his own
An international delinquency state in connection with any claim arising from the contract and agrees to limit himself to the
Directly or indirectly imputable to it remedies available under the laws of the local state.
Which causes injury to the national of another state
Liability will attach to the state where its treatment of the alien falls below the Clause may be enforced as a lawful condition of the contract.
international standard of justice or where it is remiss in according him the protection
or redress that is warranted by the circumstances
Must not be interpreted to deprive the alien’s state of the right to protect or vindicate his Usually employed when the parties are no longer on speaking terms; severed
interests in case they are injured in another state as such waiver can legally be made not by diplomatic relations or have commenced hostilities
him but by his own state Ex: Russo-Japanese War terminated through the good offices of President Roosevelt
of the US
What is the Porter resolution?
Intervention was permitted if the debtor state refused an offer to arbitrate the creditor’s claim, or 4. Mediation
having agreed to arbitrate, prevented agreement on the compromise, or having agreed thereto, refused Mediation involves assistance by third parties who either act as bridge between
to abide by the award of the arbitrator. parties, who do not meet, or who may sit with the disputants to chair meetings,
suggest solutions, cajole, etc. The mediator must be approved by both parties.
What are international disputes? Can all disputes between or among States be categorized as Third party does not merely provide the opportunity for the antagonists to negotiate
international disputes? but also actively participates in their discussions in order to reconcile their
A dispute in international law is a technical term which means “a disagreement on a point of law or conflicting claims and appease their feelings of resentment
fact, a conflict of legal views or interests between two persons.” Suggestions of the mediator are only persuasive and may be rejected without offense
by the parties
No. A disagreement does not amount to a dispute if its resolution would have no practical effect on the
relationship between the parties.
5. Conciliation
Conciliation is a more formal technique whereby the parties agree to refer
controversies to an individual, a group of individuals or an institution to make
What are the pacific modes of settling international disputes? Describe each mode.
findings of fact and recommendations. As a rule, parties do not agree to be bound by
recommendations. But this clears the air.
Amicable Methods
Active participation of a third party in the attempt of the disputants to settle their
conflict
1. Negotiation
Recommendations are not binding
Generally the first step taken in the settlement of an international dispute
Services of the conciliator are not offered by the third party but solicited by the
Discussion undertaken by the parties themselves of their respective claims and
parties in dispute
counterclaims with a view to their just and orderly adjustment
Usually formalized in a treat, or directly through the rectification of the injury caused
to the claimant state
6. Arbitration
2. Inquiry Arbitration is the binding settlement of a dispute on the basis of law by a non-
Inquiry is fact-finding done by a designated group of individuals or an institution. permanent body designated by the parties. The composition, the jurisdiction and the
When undertaken with the consent of the parties, it frequently resolves disputes rules of procedure to be applied are agreed upon by the parties in a compromis
based solely on questions of fact. d’arbitrage. States cannot be required to submit to arbitration unless there is a
Investigation of the points in question, on the theory that their elucidation will previous agreement making arbitration compulsory.
contribute to the solution of the differences between the parties Arbitral tribunals apply international law unless the parties specify that some other
Clarification by an impartial and conscientious body law should be applied.
Findings are not conclusive but may exert a strong moral influence in the settlement Impartial third party, usually a tribunal created by the parties themselves under a
of the conflict charter known as the compromis, which will provide for, among others, the
composition of the body and the manner of the selection of its members, its rules of
proceeding and sometimes even the law to be applied, and the issues of fact or law to
be resolved
3. Good offices
Proceedings are essentially judicial
A third party attempts to bring the disputing states together in order to enable them to
Award is binding (because there is previous agreement)
discuss the issues in contention and arrive at an agreement
7. Judicial settlement Purpose is to impose on the offending state reparation for the offense or the return to
Binding decisions legality in avoidance of new offenses
Disputes submitted for adjudication are legal rather than political Ex: display of force; embargo; pacific blockade
Judicial Tribunal vs. Arbitral Tribunal
3. Intervention
Distinguish between the International Court of Justice from the International Criminal Court.
ICJ - The UN’s principal judicial organ.
ICC - prosecutes international crimes. Its jurisdiction will be limited to the most serious
Judicial Tribunal Arbitral Tribunal
international crimes: genocide, crimes against humanity, war crimes, and the crime of
Pre-existing and permanent body Ad hoc body created and filled by the parties to the aggression.
disputes themselves The court is meant to be a court of last resort. It normally must await referral of a
crime either by a state party or by the Security Council. The court is not allowed to
Jurisdiction is compulsory Submission is voluntary act when the local judicial system is able and willing to prosecute.
Law applied is independent of the will Law applied is independent of the will of the parties but Describe the International Court of Justice.
of the parties may be limited by them ICJ is The principal judicial organ of the United Nations and the successor of the Permanent
Court of International Justice of the League of Nations.
8. Resort to regional and international organizations Composition. - 15 Members; no two of whom may be nationals of the same State. Elected for
May be resorted to by the parties on their own volition or taken by the body itself at 9 years and may be re-elected.
its own instance if allowed by agreement of the members
Ex: ASEAN Powers and Functions. - To decide international legal disputes submitted to it by States in
accordance with International Law.
Hostile or Non-Amicable Methods
1. Retorsions How does the International Court of Justice acquire jurisdiction?
Any action taken in retaliation where the acts complained of do not constitute a legal The jurisdiction of the ICJ is between state parties involved in international legal disputes. The ICJ
ground of offense but are rather in the nature of unfriendly acts but indirectly hurtful acquires jurisdiction when:
to other states 1. The State parties submit themselves to its jurisdiction
Act of retaliation is unfriendly but not illegal 2. Through consent via treaties and conventions
May be in kind or of a different nature than the act that provoked it 3. Optional Jurisdiction Clause
Ex: severance of diplomatic or consular relations; suspension of commercial 4. Special Agreement – state parties jointly submit to the ICJ via compromise
intercourse; boycott; stoppage of travel to the other state; denunciation of treaties; 5. Forum prorogatum – defendant state after institution of proceeding assents to the case filed
imposition of higher tariffs and other trade barriers; currency restrictions; denial of
loans and withdrawal of privileges previously enjoyed; recognition of a rival Can the International Court of Justice render advisory opinions?
government; adverse propaganda Yes, however the following conditions must be present:
1. The advisory opinion must be requested by an organ duly authorized to seek it under the UN
2. Reprisals Charter;
An act of self-help on the part of the uninjured state, responding after an unsatisfied 2. It must be requested on a legal question;
demand to an act contrary to international law on the part of the offending state 3. Except in the case of the General Assembly or the Security Council, that question should be
Effecting of momentarily suspending relations of the two states the observe of one arising within the scope of the activities of the requesting organ.
international law
Limited by the experience of humanity and rules of good faith Describe the good offices function of the U.N. Secretary-General. Are there other persons who
Illegal if a previous act contrary to international law had not furnished the reason for can exercise this good offices function?
them Good Offices is a method by which a third party attempts to bring the disputing states together
in order to enable them to discuss the issues in contention and arrive at an agreement.
If none of the methods succeeds in settling the dispute, or even if they are not employed, the Notes:
Sec-Gen may step in (but it is usually SC)
Sic utere tuo ut alienaum non laedas - A state should not use its territory that it may be injurious to
Describe the U.N. Security Council. others
The Security Council has “primary responsibility for the maintenance of international peace
and security.” (Article 24[1]) There are 15 member states, five of them permanent (China, Hostice principal - any of humanity
France, Russia [in place of the former USSR], United Kingdom and the US). The others are
elected for two year terms in accordance with equitable geographic representation
Powers of the UNSC if the terms of settlement are rejected by any of the parties
o Preventive action such as complete or partial interruption of economic relations and
of rail, sea, air, postal, telegraphic, radio and other means of communication, and
severance of diplomatic relations
o Enforcement action such as demonstrations, blockades, and other operations by air,
sea, or land forces of UN members
What are the Chapter VII powers of the U.N. Security Council?
1. To maintain international peace and security in accordance with the principles and purposes
of the United Nations;
2. To investigate any dispute or situation which might lead to international friction;
3. To recommend methods of adjusting such disputes or the terms of settlement;
4. To formulate plans for the establishment of a system to regulate armaments;
5. To determine the existence of a threat to the peace or act of aggression and to recommend
what action to be taken;
6. To call on members to apply economic sanctions and other measures not involving the use of
force to prevent or stop aggression;
7. To take military action against an aggressor;
8. To recommend the admission of new Members;
9. To exercise the trusteeship functions of the United Nations in strategic areas;
10. To recommend to the General Assembly the appointment of the Secretary-General and,
together with the Assembly, to elect the Judges of the International Court of Justice.