PUBLIC INTERNATIONAL LAW

Transcription

1 LINGUAGGIO GIURIDICO PUBLIC INTERNATIONAL LAW Seminar 3 Revision Dr Silvia Borelli, University of Bedfordshire

2 PUBLIC INTERNATIONAL LAW International law is the body of rules which are legally binding on States in their intercourse with each other. These rules are primarily those which govern the relations of States, but States are not the only subjects of international law. International organizations and, to some extent, individuals, may be subject of rights conferred and duties imposed by international law. Oppenheim s International Law 2

3 STATE SOVEREIGNTY Which of the following statements is incorrect? 1. Each State is a co-equal sovereign and each is the final authority within its territorial limits. 2. State sovereignty is 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 relations with other States. 3. Sovereignty confers rights upon States and imposes obligations on them. 4. Those States which are politically or economically more powerful enjoy more sovereignty, as they have a more important role to play. 3

4 THE PRINCIPLE OF SOVEREIGN EQUALITY The principle of sovereign equality under contemporary international law includes the following elements: States are juridically equal; each State enjoys the rights inherent in full sovereignty; each state has the duty to respect the personality of other States; the territorial integrity and political independence of the State are inviolable; each State has the right to freely choose and develop its political, social, economic and cultural systems; each State has the duty to comply fully and in good faith with its international obligations and to live in peace with other States. 4

5 PRINCIPLE OF NON-INTERVENTION IN THE DOMESTIC AFFAIRS OF OTHER STATES A State cannot intervene in matters which are essentially within the domestic jurisdiction of another State. The principle of non-intervention also applies to the UN: see Article 2(7), UN Charter. Domestic jurisdiction = dominio riservato Il concetto di dominio riservato, o domestic jurisdiction, è strettamente collegato alla nozione di sovranità e indica le materie rispetto alle quali uno Stato è libero da obblighi internazionali (derivanti da trattati o da norme consuetudinarie) e quelle che, per il loro carattere intrinsecamente interno, non sono suscettibili di formare oggetto di obblighi internazionali (quali la forma di governo, i modi d acquisto e di perdita della cittadinanza). (fonte: Enciclopedia Treccani) 5

6 PRINCIPLE OF NON-INTERVENTION Which of the following statements is incorrect? The principle of non-intervention in the internal affairs of States: (1) Applies to the UN (2) Applies to all States of the international community (3) Does not apply to the United States of America, as they are the only remaining world super-power (4) Implies that a State should not interfere with matters which are within the domestic jurisdiction of another State. 6

7 INTERNATIONAL LEGAL PERSONALITY Which of the following statement(s) is/are true? 1. An entity which enjoys international legal personality has direct international legal rights and responsibilities; 2. An international legal person has the capacity to bring claims before international bodies on the basis of international law; 3. An international legal person participates in the creation, development and enforcement of international law. 4. international legal personality is translated in Italian as soggettivita giuridica internazionale 7

8 INTERNATIONAL LEGAL PERSONALITY (CONT D) 5. The notion of international legal person has been progressively replaced by that of actor or participant in the international legal system, which better reflects the modern processes of international law; 6. The United Nations possesses international legal personality; 7. The Italian region of Lombardy enjoys international legal personality; 8. The State of Wyoming enjoys international legal personality.

9 TREATIES Which of the following is not a treaty? 1. Protocol No. 1 to the European Convention on Human Rights 2. Charter of the United Nations 3. Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime 4. Convention for the Prevention and Punishment of the Crime of Genocide 5. African Charter on Human and Peoples Rights 9

10 THE NOTION OF STATE Which of the following is not a requirement for statehood under international law? a ) a permanent population; b ) a defined territory; c ) an independent government; and d) capacity to enter into relations with the other states. e) possession of a permanent army. 10

11 LEGAL FORCE OF TREATIES Which of the following statement(s) is/are correct? 1. Treaties are a source of international law 2. Treaties are binding 3. Treaties are binding on all States of the international community 4. Treaties are binding only on those States which have ratified them 5. A State which has ratified a treaty is not required to respect it if its norms conflict with that State s Constitution 6. Treaties are concluded between States or between States and international organizations 11

12 INTERNATIONAL ORGANIZATION Which of the following statement(s) is/are incorrect? 1. An international organization is an entity with international legal personality established by agreement between States for the pursuance of certain shared goals and objectives. 2. The UN is an international organization. 3. Amnesty International and Human Rights Watch are international organizations. 4. International organizations can intervene in the internal affairs of States. 5. International organizations can also be referred to as intergovernmental organization. 6. The North Atlantic Treaty Organization (NATO) is an international organization created for mutual defence purposes. 7. International organization can also be referred to as nongovernmental organizations (NGOs). 8. The general term used to indicate the acts adopted by international organizations is resolutions 12

13 ACRONYMS AND ABBREVIATIONS What do the following acronyms stand for? 1. ECHR - European Convention on Human Rights (CEDU) 2. ACHPR - African Charter of Human and Peoples Rights 3. WHO - World Health Organization (OMS) 4. WTO - World Trade Organization (OMC) 5. UN - United Nations (ONU) 6. CoE - Council of Europe (Consiglio d Europa) 7. UNICEF - United Nations International Children's Emergency Fund 8. UNESCO - United Nations Educational, Scientific and Cultural Organization 13

14 FUNDAMENTAL PRINCIPLES OF PIL Sovereign equality of States; Principle of non-intervention in the domestic affairs of other States; Respect for the territorial integrity of other States; Prohibition of the use of force in international relations; Respect for fundamental human rights. 14

15 CUSTOMARY INTERNATIONAL LAW Customary international law is translated into Italian as 1) diritto internazionale consuetudinario 2) diritto internazionale umanitario 3) diritto internazionale del mare 4) diritto internazionale dei diritti umani