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International Court of Justice Barcelona Traction

This document defines and describes key concepts in international law: 1. Accession is when a state expresses consent to be bound by an existing treaty if the treaty allows for accession or the negotiating states agreed to allow it. 2. Customary international law consists of rules derived from consistent state practice over time out of a sense of legal obligation. 3. Erga omnes obligations are owed by all states to the international community as a whole, such as obligations related to piracy and genocide. 4. The document also defines concepts related to treaties, state practice, jurisdiction, and the sources and interpretation of international law.

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90 views3 pages

International Court of Justice Barcelona Traction

This document defines and describes key concepts in international law: 1. Accession is when a state expresses consent to be bound by an existing treaty if the treaty allows for accession or the negotiating states agreed to allow it. 2. Customary international law consists of rules derived from consistent state practice over time out of a sense of legal obligation. 3. Erga omnes obligations are owed by all states to the international community as a whole, such as obligations related to piracy and genocide. 4. The document also defines concepts related to treaties, state practice, jurisdiction, and the sources and interpretation of international law.

Uploaded by

JrPelayo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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1.

Accession is a process by which a state


expresses its consent to be bound by an already
existing treaty. The consent of a State to be
bound by a treaty is expressed by accession
where the treaty provides that such consent
may be expressed by that State by means of
accession of when the negotiating States were
agreed or have subsequently agreed that such
consent may be expressed by the State by
means of accession.
2. Clean State In connection with state
succession, a rule by which a successor state
generally does not inherit the prior treaty rights
or obligations of a predecessor state.
3. Customary International Law consist of rules of
law derived from the consistent conduct of
states acting out of the belief that the law
required them to act that way. Elements: 1.
Duration or long State practice 2. Consistency of
the state practice or the widespread repetition
by states of similar international acts over time.
3. Generality of the state practice or that the
acts are taken by a significant number of states
and not rejected by a significant number of
states. 4. Opinio Juris Sive Necessatatis or the
requirement that the act must occur out of a
sense of obligation.
4. Erga Omnes used as a legal term describing
obligations
owed
by states towards
the
community of states as a whole. An erga
omnes obligation exists because of the universal
and undeniable interest in the perpetuation of
critical rights (and the prevention of their
breach). Consequently, any state has the right
to complain of a breach. Examples of erga
omnes norms include piracy and genocide. The

concept was recognized in the International


Court of Justice's decision in the Barcelona
Traction case
5. Is a Latin term which means what is just and fair
or according to equity and good conscience.
Something to be decided ex aequo et bono is
something that is to be decided by principles of
what is fair and just. A decision-maker who is
authorized to decide ex aequo et bono is not
bound by legal rules but may take account of
what is just and fair. It is a term often used in
international law when a matter is to be decided
according to principles of equity rather than by
points of law. Article 38(2) of the Statute of the
International Court of Justice provides that the
court may decide cases ex aequo et bono, if the
parties agree thereto.
6. International Humanitarian Law
7. Jus Cogens Norm It is a norm accepted and
recognized by the international community of
states as a whole as a norm from which no
derogation is permitted and which can be
modified only by a subsequent norm of general
international law having the same character.
Groups: 1. First Group encompasses the maxims
of international law which protect the
foundations of law, peace and humanity in the
international order and which at present are
considered by nations as the minimum standard
of their mutual relations.
2. Second group
covers the rules of peaceful cooperation in the
sphere of international law which protects
fundamental common interests. 3. The third

group regards the protection of humanity


especially of the most essential human right.
8. Opinio Juris
In customary international
law, opinio juris is the second element (along
with state practice) necessary to establish a
legally binding custom. Opinio juris denotes a
subjective obligation, a sense on behalf of a
state that it is bound to the law in
question. See ICJ Statute, Article 38(1)(b) (the
custom to be applied must be "accepted as
law"). Whether the practice of a state is due
to a belief that it is legally obliged to do a
particular act is difficult to prove objectively.
Therefore, opinio juris is an unsettled and
debated notion in international law.
9. Pacta Sun Servanda is a basic principle of civil
law, canon law, and international law. In its most
common sense, the principle refers to
private contracts,
stressing
that
contained clauses are law between the parties,
and implies that nonfulfillment of respective
obligations is a breach of the pact. With
reference
to
international
agreements,
"every treaty in force is binding upon the parties
to it and must be performed by them in good
faith."[2] Pacta sunt servanda is related to good
faith, while pacta sunt servanda does not
equate with good faith. This entitles states to
require that obligations be respected and to rely
upon the obligations being respected. This good
faith basis of treaties implies that a party to the
treaty cannot invoke provisions of its municipal
(domestic) law as justification for a failure to
perform. However, with regards to the Vienna
Convention and the UNIDROIT Principles it
should be kept in mind that these are heavily

influenced by civil law jurisdictions. To derive


from these sources that pacta sunt servanda
includes the principle of good faith is therefore
incorrect.
10.Public International Law Regulates the
relationship between states and international
entities, regulates competing demands, and
establishes the framework for predictable and
agreed behavior among parties.
11.Private international Law/Conflicts of Law
selects between conflicting municipal systems
of law to regulate the relationship between
persons. Private International Law focuses on
the conduct, not of states or international
organizations, but rather on the conduct of
individuals, corporations and other private
entities.
12.Ratification Is the formal act by which a state
confirms and accepts the provisions of a treaty
concluded by its representatives.
13.Rebus Sic Stantibus It is a fundamental change
of circumstance which has occurred with regard
to those existing at the time of the conclusion of
a treaty, and which was not foreseen by the
parties.
14.Reservation
15.Soft Law Hard law refers to binding
international legal norms or those which have
coercive power. Soft law on the other hand,
refers to norms that are non-binding in
character but still have legal relevance.
Example: resolutions of the U.N. General
Assembly and draft articles of the international
law commission. Soft law usually serves as a
precursor of hard law. The universal declaration
of human rights is one such example.

16.State
17.Treaty Articles 2 of the 1980 vienna
convention on the law of treaties defines a
treaty as an international agreement concluded
between states in written form and governd by
international law, whether embodied in a single
instrument or in two or more related instrments

and whatevefr its particular designatin. Based


on this definition, a treaty has the following
requisites: 1. it must be between states. 2. In
written form. 3. Governed by international law.
18.Usus

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