Filartiga v. Pena - -Officials who violate the rights of their own citizens can be brought to justice in US courts under Alien Tort Act
-Jus Cogens -
... [Show More] -A Preemptory norm of international law from which there can be no derogation.
-Sources of International Law/Article 38 of the ICJ Statute - -Treaties
Customs
General principles of law recognized by civilized nations
Judicial decisions and the teachings of the most highly qualified publicists of the various nations [but not binding]
Ex aequo et bono
-Treaties - -o Almost every treaty will have at the beginning "use of terms"
o Treaties- only between STATES
o Must be written- not oral
o In written form and "deposited" somewhere
In order for them to be public, and not have people forge secret alliance, which start wars
If it is secret, it is not enforceable
o Pacta Sun Servanda- every treaty in force is binding upon the parties to it and must be performed by them in good faith.
-Capacity to negotiate treaties - -o A person represents a state for negotiation if he produces appropriate full powers, or it appears from other circumstances that this was the state's intent
-Reservations - -A unilateral statement purporting to exclude or modify the legal effects of a treaty
-Impermissible reservation (Article 19 of Vienna) - -i. Prohibited by the treaty
ii. The treaty provides for only specific reservations
iii. Incompatible with the object and purpose of the treat [Genocide Convention Case]
-Binding force of reservation - -c. Acceptance by another state of a reservation constitutes the reserving state a party to the treaty in relation to that other state
d. A state can object to a reservation and the treaty enters into force unless they expressed a contrary intention
e. A act expression conset to be bound and containing a reservation is effective as soon as at least one other contracting state has accepted the reservation
f. If it's an impermissible reservation, it does not matter hat certain parties agree
g. 12 months after it enterse into force or receives notice, period of time to review and accept or refuse reservations- otherwise it's deemed to be acceptance
-Failure to perform under a treaty - -h. Article 27 and 46: You cannot invoke the provisions of INTERNAL law as justification for failure to perform a treaty.
-Compatibility Test (Reservations to the Genocide Convention) - -1. A state that makes a compatible reservation that is objected to by a state can be regarded as a party by the others.
2. If a state considers a reservation incompatible, it can consider the reserving state not a party.
-Article 20- Acceptance of and objection to reservations - -A reservation expressly authorized by a treaty does not require any subsequent acceptance by the other contracting States unless the treaty so provides.
2. When it appears from the limited number of the negotiating States and the object and purpose of a treaty that the application of the treaty in its entirety between all the parties is an essential condition of the consent of each one to be bound by the treaty, a reservation requires acceptance by all the parties.
3. When a treaty is a constituent instrument of an international organization and unless it otherwise provides, a reservation requires the acceptance of the competent organ of that organization.
4. In cases not falling under the preceding paragraphs and unless the treaty otherwise provides:
-Article 21: Legal effects of reservations and of objections to reservations - -A reservation
1. Modifies for the reserving state in its relations with that other party the provisions of the tray to which the reservation relates and
2. modifies those provisions to the same extent for the other party
> If a state objecting to a reservation has not opposed the entry into force of the treaty with the reserving state, the reservations do not apply as between the two states.
-Interpretation of Treaty Obligation - -1. Art. 31-
- in good faith according to ordinary meaning
- Context
- Special intent
-Necessity as grounds to breach - -International Law Commission (ILC) on State Responsibility Article 25:
i. State may not invoke as ground for precluding the wrongfulness of an act not in conformity with an international obligation of that State unless the act:
1. Is the only way
2. for the State to safeguard an essential interests
3. against a grave and imminent peril AND
4. Doesn't seriously impair an essential interest of the state or states towards which the obligation exists, or of the int'l community as a whole
-Necessity may not be invoked if - -1. International obligation excludes the possibility of invoking necessity OR
2. State has contributed the situation of necessity [Show Less]