Summary: International Law | 9780521194877 | Jan Klabbers

Read the summary and the most important questions on International Law | 9780521194877 | Jan Klabbers

• 2 The making of international law

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• What is customary law?

  • A general practice
    
  • Accepted as law
    

• 4 The subjects of international law

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• How do states acquire territory?

  - Discovery
  - Occupation
  - Prescription
  - Cession
  - Adjudication
  - Accretion or sedimentation

• What is an international organization?

  An international organization is:
  - An intergovernmental organization;
  - Created by states;
  - (Usually) by means of a treaty
  - In order to perform a task or function that states are unable or unwilling to perform.

• 5 Jurisdiction, powers and immunities

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• On what basis can states claim responsibility?

  • Territoriality;
    
  • Nationality;
    
  • Protection;
    
  • Passive personality;
    
  • Universality.
    

• What is passive personality

  The idea that a state can exercise jurisdiction over anyone who harms its nationals, no matter where this occurs.

• 7 The law of responsibility

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• In what cases does the International Court of Justice have jurisdiction?

  • All the cases which the parties refer to it;
    
  • All matters specially provided for in the Charter;
    
  • All matters specially provided for ... in treaties and conventions in force;
    
  • The optional clause;
    
  • Transferred jurisdiction (from the PCIJ);
    
  • Forum prorogatum (accepting jurisdiction by cooperation).
    

• What is an advisory opinion?

  Under article 65 ICJ international organizations may ask the ICJ for an advisory opinion on any legal question.
  Under article 96 UN the Security Council and the General Assembly can do so as well. 

• 7.5 Circumstances precluding wrongfulness

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• What are circumstances precluding wrongfulness?

  These are listed in artt. 20-25 of ARSIWA:
  - Consent
  - Self-defence
  - Countermeasures in respect of an internationally wrongful act
  - Force majeure
  - Distress
  - Necessity

• 9 Sanctions, countermeasures and collective security

• 9.1 Introduction

• What are the traditional responses to state behavior?

  - Inadimplenti non est adimplendum;
  - Retorsion;
  - Reprisal or repressaille.

• 9.2 In adimplenti non est adimplendum

• What does inadimplenti non est adimplendum mean?

  The idea that a violation of contract by party A releases party B from an outstanding obligations.