International law and Use of Force

1
International law and Use of Force

• Lecture 26
• March 18

2
ASSIGNMENTS

• Friday, March 20
• International Law and the Use of Force
• Traditional Limits on Use of Force
• - Naulilaa Case and Caroline Dispute
• Art. 2(4) and the Use of Force by States
• Art.2(4) and the use of force by states
• Read Henkin and Reisman excerpts (just review
  it)
• The Nicaragua Case, Note p.558
• Wednesday, April 1
• Final draft of paper due
• Guest Speaker
• Professor Kanner Terrorism and International
  Law
• Attendance compulsory
• Final exam May 4, 430-7pm, HUMN 1B50

3
Presentation of Papers

• At the front of the class, on my desk, I have a
  sheet to sign up for oral presentation of your
  optional papers
• April 15 May 1

4
OPTIONAL PAPERS

• Remember to have a clear thesis in one of your
  first few paragraphs (use heading Introduction,
  etc.).
• In Introduction spell out your thesis and at the
  end of introduction have a short overview of the
  topics to be covered in the paper.
• Example In this paper, I will address then
  you just list the topics that will be covered
  thus giving the reader a heads-up on what is to
  come.
• Conclusion sum up your paper reiterate your
  thesis.

5
April 1 - OPTIONAL PAPERS Due

• PROPOSAL (if you got it back or havent handed it
  in) Description of the issue or problem,
  detailed outline, bibliography
• PROPOSAL MUST BE HANDED BACK TOGETHER WITH FINAL
  PAPER OR I WONT ACCEPT THE FINAL PAPER (if I
  have it no worries).
• Final Paper use double-space format,
• font 12

6
Class presentations

• The materials can be used in quizzes and exams
• Make sure if you miss any of them you get the
  information from classmates
• Three important points for each presentation

7
IRAQ

• UNSC Resolution 1441
• UNSC Resolution 687
• http//www.un.org/Depts/unmovic/documents/docslist
  .htm
• UNSC Resolution 678
• UNSC Resolution 660

8
Materials

• Declaration of Principles of International Law
• http//www.hku.edu/law/conlawhk/conlaw/outline/Out
  line4/2625.htm
• Humanitarian intervention http//www.dfait-maeci.
  gc.ca/iciss-ciise/report2-en.asp
• Responsibility to Protect http//www.americaabr
  oadmedia.org/programs/view/id/112

9
Reparation for Injuries suffered in the Service
of the UN

• Issue Does the UN have the capacity to bring an
  intl claim against both member and non-member
  states?
• Sub-question Does it have international
  personality?
• Yes. The UN has the capacity to bring an
  international claim against both member and
  non-member states. The UN is a subject of intl
  law possessing international personality.

10
Reasoning

• The UN possesses international personality/ is an
  intl person, which is not the same as a state,
  with the respective rights and duties of states.
• The UN has a position in certain respects in
  detachment from its member states it concludes
  treaties. The Convention on the Privileges and
  Immunities of the UN operates as between
  parties possessing intl personality. Hence it
  has international personality.
• Does the sum of intl rights include the right to
  bring a claim against another state? It is not
  spelled out in the treaty. The rights and duties
  of the UN must depend on its purposes and
  functions as specified or implied in its
  constituent documents (constitutional/ the
  Charter) and developed in practice
• The doctrine of IMPLIED POWERS

11
Reasoning-2

• When the UN has sustained damage resulting from a
  breach by a state of its intl obligations it is
  impossible to see how UN can obtain reparations
  unless it possesses capacity to bring an intl
  claim. In order to effectively discharge its
  functions the member states have endowed the UN
  with capacity to bring intl claims when
  necessitated by the discharge of its functions,
  rather than the concurrent action by (the then)
  48 UN member states or more Foreign Offices.

12
Roles and status of NGOs

• - watchdog function
• - gather facts
• - lobby,
• - provide technical expertise
• - UN Charter Art.71 NGOs- consultative status
  with ECOSOC
• - treaties can specify direct role for NGOs
  Treaty to Combat Desertification 1994
• - Lack international legal personality on the
  international plane - cannot bring legal
  claims on the international plane
• - but many NGOs have legal personality in
  national law
• - legal personality within regional
  international legal systems
• - EU
• - Nordic Council

13
NGOs

• Intl Red Cross and Red Cresent Movement
• 1) Intl Committee of the Red Cross
• 2) Intl Federation of Red Cross Societies
• and Red Cresent Societies
• - American Red Cross