International Law Notes

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  • Topic: Law, Treaty, International law
  • Pages : 83 (28733 words )
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  • Published : December 1, 2012
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International Law Book Notes

I. Chapter I
A. History of International Law
i. “Nations ought to do to one another in peace, the most good, and in war, the least evil possible” –Montesquieu to Napoleon ii. Int. law predates several countries
iii. Sovereignty: must provide incentives to get other countries to sign onto treaties iv. Shoot for customs to become law; litigate issues when there is no treaty or if the treaty falls short v. Two Main Themes

1. Relationship of one country to others 2. Relationships of individuals to the State vi. Two Sections
1. Public: interactions of states
2. Private: transactional or corporate law 3. International Law Sampler
vii. A2, paragraph 2: Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: 1. In defense of any person from unlawful violence;

2. In order to effect a lawful arrest or to prevent the escape of a person lawfully detained 3. In action lawfully taken for the purpose of quelling a riot or insurrection viii. McCann v. United Kingdom (1995)—Application of Article 2 1. Facts: Two Vs were shot by two soldiers upon suspicion that the Vs were going to detonate a bomb. Some witnesses reported seeing the Vs put up their hands to surrender; others say they looked like they were reaching for a detonator. The bomb was believed to be in a white Renault car; however, a bomb disposal team did not find a bomb in the car. A bomb was found in a Ford Fiesta which was rented by V w/ a different person’s passport. Reps of the Vs complained that the killings of the Vs by the SAS violated Article 2 of the European Human Rights Convention 2. Issue: Issue of facts as to whether death was imminently necessary, i.e. whether she was carrying purse on right or left, whether Vs were shot while lying down or walking. SSA fired subsequent shots after stopping them. Was that absolutely necessary? a. Balance between protection of suspects v. protection of the public b. TWO FOLD ANALYSIS: there is hard law as they’re basically suing for wrongful death i. Was there a threat of terror warranting the surveillance? 1. They did have reason to conduct surveillance ii. Whether the deprivation of life was absolutely necessary? 3. Held: The actions of the soldiers do violate A2; however, the anti-terrorist operation as a whole did because it took a life unnecessarily in violation of A2. a. There were alternatives for the government operation to taking their lives; thus, it wasn’t absolutely necessary (much like officers in the line of duty). Their methods were flawed. THIS COULD HAVE BEEN PREVENTED by arresting the Vs at the border b. Lack of training that is evident… they shouldn’t have shot to kill c. UK didn’t have to pay, but they did because of pressures and legitimacy of the treaty ix. Notes

1. International courts are assigned by way of treaty and the rules the Court applies are international law 2. Substantive international rules are drawn from treaties which are allowed by a state’s ability to exercise its sovereignty not only by making domestic law but also by making international law B. Customary Law

i. Signing of treaties is the beginning of possible customary law 1. The more countries that adopt a...
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