Public International Law

Public International Law - Public International Law I....

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Public International Law I. Sources a. judicial opinions (ICJ), b. treaties (multinational, bilateral) c. custom (accepted, settled practice) d. opinion juris Natural v. Positive II. Subjects of IL State/sovereignty III. Enforcement -- in classical system, states could use force in their own interest --in modern system, force is justified if it’s in self-defense --post-charter security council: force justified to maintain international peace and security; also justified in self- defense Security Council – 15 members, 5 permanent (US, Russia, UK, France, China) Chapter 7 – measures short of force Article 41 – i.e. economic sanctions, cutting off communication Iraq War Resolution 678: 1990, authorization to use force Resolution 686: 1991, set forth terms of cease fire Resolution 687: WMD – set up a monitoring agency to keep an eye on weapons – shows general distrust of Iraq Resolution 1441: after 9/11: references 687, says Iraq is breaching 687 – US claims it’s a material, ongoing breach -Iraq gets one more chance (30 day period to prove no WMD) -against US wishes, ----12 included, calling for coalition to convene to get security council approval – a lot of debate revolved around ----12 --why didn’t the US use the self-defense argument? --Australia used 678 to justify action, although 678 was written with Iraq’s annexation of Kuwait in mind prior to Gulf War I 1/22 Chad v. Libya -- law of nations (Grotius, 8) --pure positivists hold consent as a key tenet – this is their problem with natural law --Oppenheim – IL originate in Christian nations (Europe) --Anand – IL originated in several places --Anglie – IL was only applicable to civilized nations – agrees with Oppenheim -European IL was influenced by non-European nations/peoples in terms of the philosophical development of international law Enforcement - -UN Security Council Resolutions -use of force -ICJ was last straw 1
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This note was uploaded on 08/28/2008 for the course LAW 382G taught by Professor Engle during the Spring '08 term at University of Texas at Austin.

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Public International Law - Public International Law I....

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