public-international-law-exam-guide.pdf - lOMoARcPSD|2420463 Public international law exam guide Public International Law(University of Technology

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StuDocu is not sponsored or endorsed by any college or university Public international law exam guide Public International Law (University of Technology Sydney) Downloaded by Ashleigh Nicolau ([email protected]) lOMoARcPSD|2420463
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1 PUBLIC INTERNATIONAL LAW INDIVIDUAL RESPONSIBILITY A.What is the crime being prosecuted? B.Basis for jurisdiction C.Immunity from jurisdiction D.International liability of individuals STATE BASED RESPONSIBILITY – CUSTOMARY INTERNATIONAL LAW A.Does the ICJ have jurisdiction? B.What is the relevant international law? C.Is the state bound by this international law? D.Has there been a breach of the customary international law? E.Has there been a use of force? F.Has there been a mistreatment of foreign nationals? G.Is the State responsible for the breach? (attribution) H.Are there circumstances precluding wrongfulness? (defences) I.Are there any consequences of the state’s responsibility? (remedies) STATE BASED RESPONSIBILITY – TREATY LAW A. Does the ICJ have jurisdiction? B. What is the relevant international law? C. Does the state have capacity to enter into the treaty? (recognition) D. Is the state bound by the treaty? E. Application of treaties. F. Is consent to the treaty invalid? G. Has there been a breach of the treaty? H. Are there grounds for terminating the treaty? I. Has there been a use of force? J. Is the State responsible for the breach? (attribution) K. Are there circumstances precluding wrongfulness? (defences) L. Are there any consequences of the state’s responsibility? (remedies) PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Note: all legislation refers to the following: International Law Commission’s Articles on State Responsibility (ILC) Vienna Convention on the Law of Treaties 1969 (VCLT) Vienna Convention on Diplomatic Relations 1961 (VCDR) Vienna Convention on Consular Relations 1963 (VCCR) UN Charter Rome Statute Downloaded by Ashleigh Nicolau ([email protected]) lOMoARcPSD|2420463
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2 INDIVIDUAL RESPONSIBILITY A. WHAT IS THE CRIME BEING PROSECUTED? On the facts, consider the act that may be in contravention with the state’s domestic laws. B. BASIS FOR JURISDICTION States may have jurisdiction to make and enforce domestic laws over certain individuals, places and events. - Prescriptive jurisdiction: power to make law - Enforcement jurisdiction: power to enforce domestic law The UN is not authorised to intervene in matters within the domestic jurisdiction of any State ( Article 2(7) UN Charter ). For domestic courts, there must be a specific jurisdictional head upon which the court is acting in order for it to validly exercise jurisdiction in international law Heads of jurisdiction Territorial Principle Where a crime takes place in territory A state may assert/exercise criminal jurisdiction when an element (i.e. part of the process of commissioning an offence) of a criminal offence takes place within its territory ( Lotus Case ) Subjective territoriality: exists where events take place within the State’s territory, even though they might have effects elsewhere (
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