International Law Notes
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.
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.