At the end of this session, you should

1
At the end of this session, you should

• have gained an understanding about the basics of
  international law
• be able to explain the following concepts
  convention, ratification, customary law, and
  reservations
• be able to demonstrate how one of the main
  enforcement bodies of international law, the
  Security Council, works in complex emergencies
• be able to describe the basis for the use of
  force in international law.

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The basics of treaty and customary law
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States as the main actors in international law

• International law is that body of law, which
  regulates the legal relationships between
  states.
• It can regulate all types of dealings between
  states trade, environmental issues, human
  rights, and so on.
• International organizations can sometimes be
  subjects under international law.
• It is drawn from a number of sources, according
  to Article 38 of the Statute of the International
  Court of Justice.
• The most important areas are international
  conventions and international custom.

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International conventions

• Examples
• the United Nations Charter adopted in 1945, one
  of the most fundamental and important
  international instruments
• the Covenant on Civil and Political Rights,
  adopted in 1966
• the Covenant on Economic, Social and Cultural
  Rights, adopted in 1966.
• Treaties contain a number of articles specifying
  the scope of the treaty, mechanisms for solving
  disputes, and entry into force.
• Resolutions adopted by the General Assembly of
  the UN are not treaties they are guiding tools
  for states and sort of recommendations on how to
  act in certain situations.
• In some examples, resolutions, or part of them,
  have formed international customary law (e.g. the
  Universal Declaration on Human Rights).

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Ratification

• A treaty does not enter into force between states
  until it has been first signed, and then ratified
  by the states concerned.
• Normally, a certain number of ratifications are
  required before the treaty will enter into force,
  that is, becomes legally binding on the
  international signatories.
• Sometimes when states do not sign the treaty
  first but become full parties immediately, the
  word adhere is used instead of ratify.

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International custom

• A state does not have to sign onto it in order to
  be bound by it.
• Two elements for international custom toemerge
  practice and opinio juris.
• Opinio juris states are acting in a certain
  manner because it is their legal obligation to do
  so.
• Practice a certain practice is taking place
  andthe states engaged in that practice are
  doingso because they feel legally compelled to
  do so.
• Not all states have to be engaged in that
  practice to give a norm the force of customary
  law.
• If customary law exists, then it is binding upon
  states without them having to sign onto it.

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Reservations

• In Article 2(1(d)) of the Vienna Convention on
  the Law of Treatiesa unilateral statement,
  however phrased or named, made by a State, when
  signing, ratifying, accepting, approving or
  acceding to a treaty, whereby it purports to
  exclude or to modify the legal effect of certain
  provisions of the treaty in their application to
  that State.

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Reservations (continued)

• Can be filed if not prohibited by the treaty, but
  must not be incompatible with the object and
  purpose of the treaty. Another state may object
  to the reservation, but an objection by another
  contracting State to a reservation does not
  preclude the entry into force of the treaty as
  between the objecting and reserving States unless
  a contrary intention is definitely expressed by
  the objecting State.
• Considered to be accepted if no objection is
  raised.

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Reservations (continued)

• Most treaties allow for states to make
  reservations on specific articles.
• Important aspect as far as reservations to human
  rights provisions are concerneddefine a strategy
  on how to make states withdraw their
  reservations.
• Reservations normally limit the right(s)
  enshrined in a particular provision. Sometimes
  states are not even aware of the impact that a
  certain reservation may have.

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Reservations (continued)

• Argument to have reservations withdrawn the
  Committee on the Rights of the Child time and
  time again has asked states to withdraw their
  reservations.
• Important to note reservations can be used to
  indicate and understand what the actual problems
  in a given situation are.

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The use of force in international law

• Use of force in international law is a debated
  issue. The options can be categorized as follows
• Individual and collective self-defense
• Intervention by the Security Council and
• Humanitarian intervention.

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Individual or collectiveself-defense

• Based on Article 51 of the UN Charter.
• Requirement of armed attackto occur before a
  state is able to take action in self-defense.
• Use of armed attack language in Article 51
  excludes other forms of force (compare Article
  2(4)).

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Intervention by theSecurity Council

• Decisions taken under Chapter VII of the UN
  Charter are legally binding on member states.
• Under Chapter VII of the UN Charter, intervention
  is lawful if it looks to take action to address
  threats to the peace, breaches of the peace, and
  acts of aggression.
• Article 41 refers to economic and diplomatic
  sanctions, Article 42 authorizes military actions.

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Interventions by theSecurity Council (continued)

• Article 2(7) of the Charter prohibits the UN from
  intervening in domestic affairs. However, action
  under Chapter VII is an exception.
• The Security Council has also taken part in the
  strengthening of a right to humanitarian
  assistance in international law.

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Sanctions

• Article 41 of the United Nations Charter Chapter
  VII provides for economic and other kinds of non
  military measures for maintaining or restoring
  international peace and security (without using
  the term sanctions).
• Measures coercive and binding upon all member
  states of the United Nations. Economic sanctions
  can be followed by military sanctions as provided
  for in Article 42 of the Charter.
• Since the end of the Cold War,sanctions are more
  common.

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Sanctions (continued)

• Problem with sanctions
• they have impacts on the civilian population and
  humanitarian aid.
• Sanctions are legal but have serious impact on
  enjoyment of human rights children particularly
  vulnerable.
• Normally, when imposing sanctions on a certain
  country, Security Council also provides
  humanitarian exemptions.

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Humanitarian access vshumanitarian intervention

• Humanitarian intervention relies on the use of
  force, economic or military, by one or several
  states.
• Right to intervene for humanitarian purposes
  mainly argued before the end of the Cold War (a
  right, not a duty).
• Mostly, arguments based on Articles 2(4) and 51
  of the UN Charter, saying that humanitarian
  intervention part of self-defense of the country
  concerned, and that either explicit approval
  needed by the authorities, or silent acquiescence.