Lernzettel: Foundations of International Law and Human Rights

📋 Course Outline

1. The definition of international law  It is created by states or entities, the main characteristis =>were created by states or by
2. The evolutions of international law  1648 => year when it was born westphalie mon bb
3. Phases of international law development: pre-state and interstate
4. Positivism and key international law cases
5. Characteristics of the international legal order
6. United Nations main organs and functions
7. Nullity of treaties and jus cogens norms
8. Customary international law and unilateral acts
9. State consent and self-defense in international law
10. Dispute resolution methods: negotiation, mediation, arbitration
11. European Union institutions and legal framework
12. European Court of Human Rights: application and interpretation principles

📖 1. The definition of international law  It is created by states or entities, the main characteristis =>were created by states or by

🔑 Key Concepts & Definitions

• For instance : An expression used to introduce examples that illustrate a point or concept.
• Natural laws : Rules that are universal, unchanging, and apply to everyone regardless of consent.
• Sectorial : General treaty
• Self-executing : Treaties or laws that automatically become part of domestic law without requiring additional legislation.
• International law :  Govern between the states and private people

📝 Essential Points

• International law is created primarily by states or entities authorized by states, such as international organizations like the European Union and the UN Security Council.
• International law regulates not only interstate relations but also involves private persons, including human rights protections.
• International organizations can create binding international laws only if states authorize them to do so.
• Human rights law protects private persons under international law through treaties that may be universal, regional, general, or sectorial.
• Cases like Osman v UK and Edwards v UK illustrate state responsibility under international law for failing to protect individuals' rights.
• III- international organizations (IO) Dario => an organization established by a treaty or other instrument governed by international law and possessing its own legal personality The constituent element of a treaty => states agree t ocreate a legal personality. Trusty ship regime (permet d’administrer un territoire) agreed something and created an entity but its not an IO a- Legal personality The UE shall have legal personality, article 47 In some institution its not said explicitly, 1949 the ICJ said the use based on certain factors. Powers and function permit to know if its an IO b- The constituent instrument of the international organization and the principle of specialty/conferral The constant instrument y is the treaty and give the definition of an IO, its powers, whether the IO may adopt binding acts or not. Speciality can only intervene in the fields the states agreed to Implied powers, sometimes states will need organizations in order to achieve objectives c- The United Nations SDN => the league of nations, President Wilson sketched 14 points, the ancestor of the UN. It was prohibited wars and aggressions and promoted arbitration, negotiations and disbarment It was failure because Unanimity required so little effective No army Member of states progressively left especially when they wanted to invade their neighbour, Japan and Germany quite same for Italy. The second world war was the final blow In 1945 in san Francisco the UN charter was signed. Article 1 Certain prevision in article 2 to 4 => the use of force is prohibited. The other key prevision is article 51 =>self-defence. It’s the two most important rules
• Lesson 3 – the sources of international law Introduction Something (such as a constitution, treaty, statute) that provides authority for legislation and for judicial decisions point of origin for law or legal analysis Its only because a treaty was created by states that is law. Article 38 of the statue of international court of justice is going to list certain of the main sources of IL (international conventions, treaties are like a contract, international custom its implicit consent, general principles of law recognized by civilized nations) Article 38, new sources have emerged acts of IO, unilateral declarations.

💡 Key Takeaway

International law is created primarily by states or entities authorized by states, such as international organizations like the European Union and the UN Security Council.

📖 2. The evolutions of international law  1648 => year when it was born westphalie mon bb

🔑 Key Concepts & Definitions

• Because : Legislative, depend on state consent it is up to state to create rules which implies that states create rules they accept to submit to, very few rules binding states;
• Bodin : A 16th-century thinker who conceptualized sovereignty with two aspects: internal sovereignty within a state's borders and external sovereignty in relation to other states.
• Peace of Westphalia : A treaty that ended the Thirty Years' War, establishing the principles of territorial sovereignty and non-interference, and considered the foundation of modern international relations.

📝 Essential Points

• The Renaissance and Enlightenment periods influenced the conceptualization of sovereignty and the construction of nation-states.
• Colonization, such as the Berlin Congress of 1885, shaped international relations and law by dividing territories among European powers.
• Religious divisions like the Great Schism and the Enlightenment contributed to cultural trends affecting international law development.
• 1. The pre-state era (ancient times and middle ages )

 It existed in the middle ages but not in the modern sense

 Eastern empires, treaties existed already in ancient times (1259 before the birth of jesus chris)

 Greek cities, were signing some traitees and some rules about of the hellenism people

 Roman empire, first customary rules that emerged, rules about ambassadors and invasions

 V-XI c => feodoral system lords and vessals comme GoT. Kingdoms which werent unified because it was mainly ruled by lords.

 Xie c => monarhes started to look beyonf the borders because :  Crusades, power of charlie kirk only rised to the benefits of the monarchs. Initially the paup was powerful he could grants territories for instance. The paup could also declare that the rules made by a kingdom were invalid. And progressively moncarchs gained powers. (they fought a lot like philippe le bel and henry the 8 )  Trade  To sum up, state intenrational law didnt exist but some instruments were born back then.

• B. The various objects of international law

💡 Key Takeaway

International law evolved through historical milestones like Westphalia, shaped by cultural, political, and colonial transformations defining sovereignty and statehood.

📖 3. Phases of international law development: pre-state and interstate

🔑 Key Concepts & Definitions

• Negative obligations : Legal duties that prohibit certain actions, binding states not to interfere with rights or freedoms.
• Montevideo Convention : An international treaty that defines the criteria for state sovereignty and recognition.

📝 Essential Points

• Pre-state international law governed relations before modern states, focusing on entities like tribes or city-states.
• Interstate international law developed with the recognition of sovereign states, emphasizing state sovereignty.
• State sovereignty became a central principle distinguishing interstate international law from earlier forms.

💡 Key Takeaway

The development of international law reflects a transition from pre-state entities to sovereign states as primary subjects and actors.

📖 4. Positivism and key international law cases

🔑 Key Concepts & Definitions

• Lotus case : Penal court says that what is not prohibitated was allowed. (international court of justice ) legality of the threat or use of nuclea weapons.

📝 Essential Points

• Legal positivism emphasizes that international law is based on the consent and practices of states rather than moral or natural law.
• The 1927 Lotus case affirmed that states may act freely unless prohibited by international law, illustrating positivist principles.
• The International Court of Justice confirms the primacy of state consent in creating binding international obligations.
• The source thesis identifies law by its formal pedigree, focusing on recognized sources rather than substantive content.

💡 Key Takeaway

Legal positivism emphasizes that international law is based on the consent and practices of states rather than moral or natural law.

📖 5. Characteristics of the international legal order

🔑 Key Concepts & Definitions

• Chapter VI : Within the UN charted there’s an article 24that’s says in the event of an UN security council has all the power as long as its primary responsibility for peace keeping Chapter VI and VII
• International legal order : A system characterized by the legal equality of states, the absence of a central legislative, executive, or judicial authority, and the creation of rules through state consent, including treaties and customary law.

📝 Essential Points

• States are legally equal under international law, regardless of size or power, as confirmed by the Helsinki Conference in 1975.
• Sovereignty grants states authority over their territory and internal affairs, allowing them to organize their political regimes freely without external interference.
• Human rights obligations are non-reciprocal; states must comply regardless of other states' actions, reflecting the normative evolution of international law.
• International organizations can adopt binding decisions if expressly authorized, but they also issue non-binding recommendations, known as soft law.
• Jurisdictional power, no court with general jurisdictions. States consent to be judged which is the case before the international court of justice. Basically in most situation there’s a conflict and states consent to a treaty to bring a case to the ICJ. Other case where there’s a case which is brought against another state which didn’t consent he can send an agent. Disputes about content of treaties will be brought before the ICJ. A state can consent to the automatical judgement to the ICJ with only the states which did the same declaration. Theres are situations where they agree for instance the UE where the CEDH has the automatical right to judge states. When a state enters the UE it agrees to be judged at any time by the CEDH no hierarchy between norms because treaties, general principles and customary all have equal value
• Human right system in Africa, the African union which was created in 2000. Before it was the organisation of the African union. This African union it counts 55 members, the goal => human rights, democracy, development. One instrument, African charter on human and citizens’ rights which was adopted in 1981. 45 today only Morocco is missing. This charter is sometimes critized bcs some rights are missing (rights to privacy, to vote, force labour, economic and social rights…) other critics such as certain rights must be exercised within the limit of the law. The problem is that if you admit that certain rights are neutralized by domestic law. Like America, African commission on human right and a court on human rights. A commission, eleven independent members, they don’t have a binding power. Doesn’t give judgement. This commission may receive complaints from states, non-governmental organisations and individuals. It may try to find a solution or submit the case for the attention of the court. Or they bring the case for the attention of another organ assembly of third parties? ig they can also ask for the advice of the court. The court, its created by a protocol which is facultative in 1888 it counts 35 members states. Not every party of the African charter recognize the authority of the court. Even if you are a party to the charter and then you recognize the jurisdiction of

💡 Key Takeaway

States are legally equal under international law, regardless of size or power, as confirmed by the Helsinki Conference in 1975.

📖 6. United Nations main organs and functions

🔑 Key Concepts & Definitions

• UN Security Council : A principal organ of the United Nations responsible for maintaining international peace and security, composed of five permanent members with veto power and ten non-permanent members.

📝 Essential Points

• The UN Security Council consists of 5 permanent members with veto rights and 10 non-permanent members elected every two years.
• Permanent members of the Security Council can block substantive resolutions through veto, affecting decision-making.
• The UN General Assembly is a deliberative body representing all member states, making decisions by a two-thirds majority without veto power.

💡 Key Takeaway

The structure of the UN, especially the Security Council's veto system, significantly influences international decision-making and law enforcement.

📖 7. Nullity of treaties and jus cogens norms

🔑 Key Concepts & Definitions

📝 Essential Points

• Treaties conflicting with jus cogens norms are considered null and void under international law.
• Jus cogens norms are peremptory principles from which no derogation is permitted.
• The Vienna Convention on the Law of Treaties codifies rules on treaty validity and nullity related to jus cogens.
• Jurisdictional power, no court with general jurisdictions. States consent to be judged which is the case before the international court of justice. Basically in most situation there’s a conflict and states consent to a treaty to bring a case to the ICJ. Other case where there’s a case which is brought against another state which didn’t consent he can send an agent. Disputes about content of treaties will be brought before the ICJ. A state can consent to the automatical judgement to the ICJ with only the states which did the same declaration. Theres are situations where they agree for instance the UE where the CEDH has the automatical right to judge states. When a state enters the UE it agrees to be judged at any time by the CEDH no hierarchy between norms because treaties, general principles and customary all have equal value
• Part 1- the sources named in article 38 of ICJ statute I- Treaties Smt like a contract, an express content, in general written Vienna convention on the law signed in 1969=> VCLT a treaty on treaties, treaty means an international agreement concluded between states in written. Form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. Parties have to be an object of international law except for the Oslo accord for example (Yasser Arafat wasn’t a representative of a country ) It must have a legal effect A treaty can have different names (convention, charter…) it doesn’t matter its all the same It regards default rules regarding the law of treaties Some rules are customary and others are purely conventional both can be mixed (des lois coutumieres peuvent être codifier dans un traité et l’inverse peut arriver, des norms peuvent etre conventionnels et coutumières) a- The conclusion of a treaty Differents steps before a treaty is signed 1/ the drafting process of a treaty There must be negotiations, state representatives can meet or multilateral negotiations. Two possibilities a diplomatic conference (diplomats meet in a specific city and the treaty is going to be named after this same city) or negotiations hosted by an IO (UN assembly, counsel of Europe) Who can sign those

💡 Key Takeaway

Jus cogens norms establish non-derogable principles that can invalidate treaties conflicting with fundamental international law.

📖 8. Customary international law and unilateral acts

🔑 Key Concepts & Definitions

• Unilateral acts : Decisions or declarations made by a single state that can create binding international obligations if there is an actual intention to be bound, expressed publicly and by a competent authority.
• Executive : => power to make sure laws are exectuive and enforced still without our consent

📝 Essential Points

• Customary international law arises from general state practice accepted as law (opinio juris).
• Unilateral acts by states can create binding international obligations if they are intended as normative decisions.
• International organizations may adopt binding decisions if authorized, but non-binding acts are considered soft law.
• Unilateral acts differ from treaties as they do not require consent of other states to be binding.
• III- international organizations (IO) Dario => an organization established by a treaty or other instrument governed by international law and possessing its own legal personality The constituent element of a treaty => states agree t ocreate a legal personality. Trusty ship regime (permet d’administrer un territoire) agreed something and created an entity but its not an IO a- Legal personality The UE shall have legal personality, article 47 In some institution its not said explicitly, 1949 the ICJ said the use based on certain factors. Powers and function permit to know if its an IO b- The constituent instrument of the international organization and the principle of specialty/conferral The constant instrument y is the treaty and give the definition of an IO, its powers, whether the IO may adopt binding acts or not. Speciality can only intervene in the fields the states agreed to Implied powers, sometimes states will need organizations in order to achieve objectives c- The United Nations SDN => the league of nations, President Wilson sketched 14 points, the ancestor of the UN. It was prohibited wars and aggressions and promoted arbitration, negotiations and disbarment It was failure because Unanimity required so little effective No army Member of states progressively left especially when they wanted to invade their neighbour, Japan and Germany quite same for Italy. The second world war was the final blow In 1945 in san Francisco the UN charter was signed. Article 1 Certain prevision in article 2 to 4 => the use of force is prohibited. The other key prevision is article 51 =>self-defence. It’s the two most important rules
• In theory, it must come with a opinion juris => accepted as law. Mentioned by the ICJ. Practice alone is not sufficient. For exemple of practice not considered as custom (red carpet for an official visit) not a custom you can just not put the carpet its not unlawful., use of nuclear weapons theres not a customary law that forbid it.

💡 Key Takeaway

Customary law and unilateral acts reflect how state behaviors and declarations shape binding international obligations beyond treaties.

📖 9. State consent and self-defense in international law

🔑 Key Concepts & Definitions

• Two possibilities : The two scenarios in international law where state behavior is regulated: one where states consent to rules creating legal obligations, and another where self-defense is recognized as an exception to the prohibition of the use of force.
• State consent : The principle that states must freely agree to rules or behaviors for those rules to create binding international legal obligations.

📝 Essential Points

• State consent is essential for establishing and applying international legal obligations, as it reflects the agreement of states to be bound by rules.
• The right of self-defense is recognized under Article 51 of the UN Charter as an exception to the prohibition of the use of force, allowing states to respond to an attack.
• States exercising self-defense measures must notify the Security Council, ensuring transparency and adherence to international procedures.
• Jurisdictional power, no court with general jurisdictions. States consent to be judged which is the case before the international court of justice. Basically in most situation there’s a conflict and states consent to a treaty to bring a case to the ICJ. Other case where there’s a case which is brought against another state which didn’t consent he can send an agent. Disputes about content of treaties will be brought before the ICJ. A state can consent to the automatical judgement to the ICJ with only the states which did the same declaration. Theres are situations where they agree for instance the UE where the CEDH has the automatical right to judge states. When a state enters the UE it agrees to be judged at any time by the CEDH no hierarchy between norms because treaties, general principles and customary all have equal value
• III- international organizations (IO) Dario => an organization established by a treaty or other instrument governed by international law and possessing its own legal personality The constituent element of a treaty => states agree t ocreate a legal personality. Trusty ship regime (permet d’administrer un territoire) agreed something and created an entity but its not an IO a- Legal personality The UE shall have legal personality, article 47 In some institution its not said explicitly, 1949 the ICJ said the use based on certain factors. Powers and function permit to know if its an IO b- The constituent instrument of the international organization and the principle of specialty/conferral The constant instrument y is the treaty and give the definition of an IO, its powers, whether the IO may adopt binding acts or not. Speciality can only intervene in the fields the states agreed to Implied powers, sometimes states will need organizations in order to achieve objectives c- The United Nations SDN => the league of nations, President Wilson sketched 14 points, the ancestor of the UN. It was prohibited wars and aggressions and promoted arbitration, negotiations and disbarment It was failure because Unanimity required so little effective No army Member of states progressively left especially when they wanted to invade their neighbour, Japan and Germany quite same for Italy. The second world war was the final blow In 1945 in san Francisco the UN charter was signed. Article 1 Certain prevision in article 2 to 4 => the use of force is prohibited. The other key prevision is article 51 =>self-defence. It’s the two most important rules

💡 Key Takeaway

State consent underpins international law, but the right to self-defense provides a lawful exception to restrictions on the use of force.

📖 10. Dispute resolution methods: negotiation, mediation, arbitration

🔑 Key Concepts & Definitions

• Negotiation : A process of direct dialogue between parties aimed at resolving disputes without the involvement of a third party.
• Arbitration : A binding dispute resolution process where an impartial tribunal, created specifically for the dispute, renders a decision based on rules and composition agreed upon by the parties.

📝 Essential Points

• Negotiation is a process where parties communicate directly to resolve disputes without third-party involvement.
• Mediation involves a neutral third party helping parties return to negotiation without proposing a solution.
• These dispute resolution methods serve as peaceful alternatives to litigation, balancing party control and third-party authority.

💡 Key Takeaway

International law offers multiple peaceful dispute resolution methods, balancing party autonomy and third-party intervention.

📖 11. European Union institutions and legal framework

🔑 Key Concepts & Definitions

• The political and security committee : A body within the EU responsible for political and security matters, coordinating foreign policy and external representation.
• European Court of Auditors : An EU institution responsible for monitoring the financial management of the EU, ensuring revenues and expenditures are regular, without issuing judicial rulings.

📝 Essential Points

• The European Court of Auditors monitors the EU's financial management but does not issue judicial rulings.
• The European Investment Bank provides funding for transnational projects with financial autonomy, capable of raising its own funds.
• The High Representative represents the EU externally and coordinates foreign policy.
• EU staff members form the European public function, working permanently within EU institutions.

💡 Key Takeaway

The European Court of Auditors monitors the EU's financial management but does not issue judicial rulings.

📖 12. European Court of Human Rights: application and interpretation principles

🔑 Key Concepts & Definitions

• Interstate complaints : Legal claims brought by one state against another regarding violations of obligations, such as breaches of human rights.
• Individual complaints : Claims brought by private persons or organizations alleging violations of rights under treaties like the European Convention on Human Rights.

📝 Essential Points

• The ECtHR hears complaints from states (interstate) and individuals regarding human rights violations.
• The Court applies evolutionary interpretation to adapt the European Convention on Human Rights to contemporary conditions.
• The national margin of appreciation allows states discretion in fulfilling certain rights subject to consensus.
• States have positive obligations to protect rights and negative obligations to refrain from violations.
• Article 15 permits exceptional measures under threatening circumstances, balancing rights and security.
• Human right system in Africa, the African union which was created in 2000. Before it was the organisation of the African union. This African union it counts 55 members, the goal => human rights, democracy, development. One instrument, African charter on human and citizens’ rights which was adopted in 1981. 45 today only Morocco is missing. This charter is sometimes critized bcs some rights are missing (rights to privacy, to vote, force labour, economic and social rights…) other critics such as certain rights must be exercised within the limit of the law. The problem is that if you admit that certain rights are neutralized by domestic law. Like America, African commission on human right and a court on human rights. A commission, eleven independent members, they don’t have a binding power. Doesn’t give judgement. This commission may receive complaints from states, non-governmental organisations and individuals. It may try to find a solution or submit the case for the attention of the court. Or they bring the case for the attention of another organ assembly of third parties? ig they can also ask for the advice of the court. The court, its created by a protocol which is facultative in 1888 it counts 35 members states. Not every party of the African charter recognize the authority of the court. Even if you are a party to the charter and then you recognize the jurisdiction of

💡 Key Takeaway

The ECtHR balances universal human rights standards with state discretion through dynamic interpretation and procedural mechanisms.

🧩 Additional Source Details

1. Study this source detail: The definition of international law  It is created by states or entities, the main characteristis =>were created by states or by actors like international organizations if states authorize to do so  For instance=> inte (Source: "The definition of international law  It is created by states or entities, the main characteristis =>were created by states or by actors like international organizations if states authorize to do so  For instance=> international organizations like european union (directives ) the UN security council =>international laws because states allow them to do so")
2. Study this source detail: the student was vandalized and very soon the teacher said he would do something outreagous. The cas was vrought to the police and they did nothing, the teacher harassed the student he was alive but omg. The uk was respon (Source: "the student was vandalized and very soon the teacher said he would do something outreagous. The cas was vrought to the police and they did nothing, the teacher harassed the student he was alive but omg. The uk was responsible because they didnt do anything.  Edward vs UK which is about an inamte sharing a cell with another prisoner who was a schizo aie")
3. Study this source detail: law didnt exist but some instruments were born back then. 2. The interstate phase  Territorial unification took a long time (for France 15 centuries, even more for germany and italy ) it was very progressive)  Bodin => (Source: "law didnt exist but some instruments were born back then. 2. The interstate phase  Territorial unification took a long time (for France 15 centuries, even more for germany and italy ) it was very progressive)  Bodin => authot of the 16 c before the peace of westphalien he conceptualized two things  The concept of republic which matched the")
4. Study this source detail: times they were talking in terms of natural law like aristote or thomas d’aquin => its god’s will Francisco de vitoria => states are sovereign and can creat laws but within the limits of natural law, so he acknowledged t (Source: "times they were talking in terms of natural law like aristote or thomas d’aquin => its god’s will Francisco de vitoria => states are sovereign and can creat laws but within the limits of natural law, so he acknowledged the coexistence of both. Artificial laws couldn’t be above natural law Francisco suarez => natural law at primacy of the law of nations")
5. Study this source detail: of justice ) legality of the threat or use of nuclea weapons. The question was is the use of nuclear wezpons permitted udner any circonstences in the IL, is there a general permission to use a nucleat weapons. States wer (Source: "of justice ) legality of the threat or use of nuclea weapons. The question was is the use of nuclear wezpons permitted udner any circonstences in the IL, is there a general permission to use a nucleat weapons. States were divided in two camps, ones said its prohibitated and a minority said the opposite. The court said theres no specific prohibition or")
6. Study this source detail: domestic legal order Theres a norm of hierarchy in norms (kelsen) Legislative, executive and juridictional powers. =>summas potestas, Legislative=> pass unilateral acts without our consent or the consent is indirect. Exe (Source: "domestic legal order Theres a norm of hierarchy in norms (kelsen) Legislative, executive and juridictional powers. =>summas potestas, Legislative=> pass unilateral acts without our consent or the consent is indirect. Executive => power to make sure laws are exectuive and enforced still without our consent Juridictional power => judge people even though")
7. Study this source detail: a fait un truc illegal avant c’est legal car c’est une reponse a un movement illegal de l’autre partie) there will be pressure to stop the previous state to stop breaching the IL. Different from self-defence, counter mea (Source: "a fait un truc illegal avant c’est legal car c’est une reponse a un movement illegal de l’autre partie) there will be pressure to stop the previous state to stop breaching the IL. Different from self-defence, counter measures don’t imply forces Jurisdictional power, no court with general jurisdictions. States consent to be judged which is the case")
8. Study this source detail: organisations 2) States No consensual definition of a state but used to reference the Montevideo convention or conference of Yugoslavia. A state is characterized by sovereignty, territory, population and a political orga (Source: "organisations 2) States No consensual definition of a state but used to reference the Montevideo convention or conference of Yugoslavia. A state is characterized by sovereignty, territory, population and a political organisation a- a territory it includes land but also the territorial sea and internal water (lakes, rivers…) EEZ not necessarily in one")
9. Study this source detail: to be or stay democratic that is the case of the UE. => European states must be democratic because they consented to this obligation D- sovereignty 1- the concept of sovereignty non-consensual definition federates states (Source: "to be or stay democratic that is the case of the UE. => European states must be democratic because they consented to this obligation D- sovereignty 1- the concept of sovereignty non-consensual definition federates states (have everything) or the states of the UE sovereignty is going to differentiate these and the state. Internal and external component,")
10. Study this source detail: of a resolution, if there’s one veto no decision can be made. 10 non-permanent members, geographical balance, elected by the UN assembly every2 years. To adopt smt 9 votes minimum out of 15 and not a veto Often critized (Source: "of a resolution, if there’s one veto no decision can be made. 10 non-permanent members, geographical balance, elected by the UN assembly every2 years. To adopt smt 9 votes minimum out of 15 and not a veto Often critized bcs Bresil, India and Nigeria are missing, Japan, Germany would like a seat too. But to change it you need to make an amend and to make one")
11. Study this source detail: Investigation, translation … it is a coordinator organ and at its head there’s a secretary recommended by the UNC and appointed by the assembly, he’s the chief of UN staff in general. When he feels there’s a threat to pe (Source: "Investigation, translation … it is a coordinator organ and at its head there’s a secretary recommended by the UNC and appointed by the assembly, he’s the chief of UN staff in general. When he feels there’s a threat to peace he reports it to the UNC. 4) The economic and social council Which consist 54 members of states who are elected for 3 years,")
12. Study this source detail: a claim against another state due to the breach of human rights it commits. 2 possibilities: Inter states, treaties often come with an inter states court. It doesn’t work well for diplomatic reasons. Between 1950 around (Source: "a claim against another state due to the breach of human rights it commits. 2 possibilities: Inter states, treaties often come with an inter states court. It doesn’t work well for diplomatic reasons. Between 1950 around 20 states complaints so not much, in general they bring the case are between Ireland and UK or Georgia and Russia. Just one again Greece")
13. Study this source detail: case before the ICC. Domestic courts to hear international crimes, states court are going require a connecting link. States investigate crimes committed on their territory or a crime committed by a national or where a na (Source: "case before the ICC. Domestic courts to hear international crimes, states court are going require a connecting link. States investigate crimes committed on their territory or a crime committed by a national or where a national is a victim (Comme en droit Privé) the only situations where a state may judge someone regardless of any extraneity element is")
14. Study this source detail: especially in lobbying, they were able to influence in a way they will create treaties. Rome statute it was signed after intense lobbying. Ottawa convention was signed under intense lobbying. Not here to make money Some (Source: "especially in lobbying, they were able to influence in a way they will create treaties. Rome statute it was signed after intense lobbying. Ottawa convention was signed under intense lobbying. Not here to make money Some of them may have observer status in IO b) private companies they want to make money, multinational corporations. Not subject of IL,")
15. Study this source detail: 2015 Treaties in formal form => binding following ratification You can determine by The treaty mentions it (signature or ratification required) If the question was mentioned in the negotiations Representatives state it E (Source: "2015 Treaties in formal form => binding following ratification You can determine by The treaty mentions it (signature or ratification required) If the question was mentioned in the negotiations Representatives state it Even if the treaty in a formal form there’s an obligation of signature as an act of good faith, article 18 of VCLT 3/ the French procedure")
16. Study this source detail: of the Mondial gaz UN charter, article 102  it has to be registred by the UN 6/ validity of a treaty The accession of one state can be void or it can be the content of the treaty itself which can lead it to its nullity (Source: "of the Mondial gaz UN charter, article 102  it has to be registred by the UN 6/ validity of a treaty The accession of one state can be void or it can be the content of the treaty itself which can lead it to its nullity (contrariété avec une norme fondamentale) A. The nullity of a state’s accession to ther treaty Normally it is not possible for a treaty to")
17. Study this source detail: third states If you didn’t consent youre not bound however article 35 if it accepts Specific case : objective regimes, territorial treaties, border treaty 3§ the effects between non parties 0 effects c) The revision of a (Source: "third states If you didn’t consent youre not bound however article 35 if it accepts Specific case : objective regimes, territorial treaties, border treaty 3§ the effects between non parties 0 effects c) The revision of a treaty Formal => when there is an amendment, it is possible to make amendments for major importance or only the early years of")
18. Study this source detail: il y a des termes génériques, quand un traité a été signé pour une longue période de temps. d) Withdrawal from a treaty How do you leave that shit? Different situations 1- State will A state wants to leave Article in the (Source: "il y a des termes génériques, quand un traité a été signé pour une longue période de temps. d) Withdrawal from a treaty How do you leave that shit? Different situations 1- State will A state wants to leave Article in the traty which cites that you can leave and what is the procedure to be followed, which is the case for the European union. Article 50 which")
19. Study this source detail: instance Gzbcikovo- nagymaros treaty . so youre not responsible if the circumstances have radical been changed Non performance, you can leave because another party doesn’t complt ot its obligations. There are conditions, (Source: "instance Gzbcikovo- nagymaros treaty . so youre not responsible if the circumstances have radical been changed Non performance, you can leave because another party doesn’t complt ot its obligations. There are conditions, if a state doesn’t perfom its obligations others have the possibility to not perfom theirs. a- Its an essential prevision, the breach has")
20. Study this source detail: law. Two elements Material => general practice Psychological one => accepted as law (opinion juris) 1- A material element :; practice a) The constitutive elements of practice Basically states its rare that othet actors c (Source: "law. Two elements Material => general practice Psychological one => accepted as law (opinion juris) 1- A material element :; practice a) The constitutive elements of practice Basically states its rare that othet actors create a customary law. An exception AMINOIL in 1982 companies practice was adopted as a customary law ILC => considering diplomatic acts")
21. Study this source detail: at diplomatic correspondence, treaty provisions, decisions of national court… =>criterias 3- A critical approach to customary law Theres a difference, in pracrice situation where statesstarted to prompt a practive bcs th (Source: "at diplomatic correspondence, treaty provisions, decisions of national court… =>criterias 3- A critical approach to customary law Theres a difference, in pracrice situation where statesstarted to prompt a practive bcs they wanted to create a new law. Or a customary law appears at the breach of an existing customary law. For ex, ZEE or EEZ in eng. It")
22. Study this source detail: order. Which remains are mostly procedurals, nul ne peut se prévaloir de sa propre turpitude, mesures conservatoires, respect des droits acquis IV- The auxiliary means for the determination of rules of law According to a (Source: "order. Which remains are mostly procedurals, nul ne peut se prévaloir de sa propre turpitude, mesures conservatoires, respect des droits acquis IV- The auxiliary means for the determination of rules of law According to art 38 ICJ, judicial decisions aren’t a source of law a) Judicial decisions Not sources of international law, clearly said by the ICJ said")
23. Study this source detail: regarding the functioning of the IO IO => free to adopt those decisions that are necessary for its functioning c) Non-binding decisions Power to make binding decisions expressly attributed to the IO = adopt non-binding a (Source: "regarding the functioning of the IO IO => free to adopt those decisions that are necessary for its functioning c) Non-binding decisions Power to make binding decisions expressly attributed to the IO = adopt non-binding acts = cannot create rights and obligations = nothing more than recommendations Ex : resolutions that remind that its not binding")
24. Study this source detail: to say that IL has supremacy over actsof parliament c’est pas la même pour la constitution. The general rules of internation, als shall be an integral part of federal law. b- France c- Russia V) a mixed system : the USA (Source: "to say that IL has supremacy over actsof parliament c’est pas la même pour la constitution. The general rules of internation, als shall be an integral part of federal law. b- France c- Russia V) a mixed system : the USA There is a distinction between treaties and executive agreement, Treaties, signed by the senate with a two third majority. • Self-executing")
25. Study this source detail: pour risqué ) rare situations, convention on international liability for damage caused by space objects. Problems with air pollutions, no straight prohibitions and since there is no breach damages made can’t be repaired. (Source: "pour risqué ) rare situations, convention on international liability for damage caused by space objects. Problems with air pollutions, no straight prohibitions and since there is no breach damages made can’t be repaired. No prohibition no obligation to repair b- the breach/ violation of IL don’t care about the intention of the state or what the")
26. Study this source detail: conduct” An obligation of conduct => due diligence, state obligation not to allow knowingly its territory to be used for acts contrary t the right of other states ex of UNSC resolution Obligation of result II- attributio (Source: "conduct” An obligation of conduct => due diligence, state obligation not to allow knowingly its territory to be used for acts contrary t the right of other states ex of UNSC resolution Obligation of result II- attribution to a state State responsibility, DARS IO responsibility, DARIO => bombing of the Chinese ambassy that’s an example of an IO breaching IL")
27. Study this source detail: 1) Instructions Orders were given by the states so there states are responsible for private actors (poutine asked private military group to kill Zelenski) 2) Direction or control Nicaragua case, ICJ 1986, two different o (Source: "1) Instructions Orders were given by the states so there states are responsible for private actors (poutine asked private military group to kill Zelenski) 2) Direction or control Nicaragua case, ICJ 1986, two different of controls, effective control and overall / global => the ICJ prefers the effective control for ex in the Nicaragua case. Military")
28. Study this source detail: Private, initiated by students. Not folders. State nor committed by state organs. Private initiated. However. Following please. Events. Union authorities. Acted in such a way that they took part in the activity. So, it w (Source: "Private, initiated by students. Not folders. State nor committed by state organs. Private initiated. However. Following please. Events. Union authorities. Acted in such a way that they took part in the activity. So, it was considered as an act of Iranian authority even though it was from the students. So, Iran was condemned. III- circumstances")
29. Study this source detail: pourris ou on garde les trucs et on rompt le traité mais les gens vont bien c’est une situation de nécessité) Part II- the consequences of responsibility I- The author l: the obligation to make a reparation When youre re (Source: "pourris ou on garde les trucs et on rompt le traité mais les gens vont bien c’est une situation de nécessité) Part II- the consequences of responsibility I- The author l: the obligation to make a reparation When youre responsible you have the obligation to make a reparation. It is unlawful act that give the right to reparation, damages aren’t enough")
30. Study this source detail: Negociation Diplomatic ways, states discussing together 2) Enquiry Its about the facts, it doesn’t offer a solution. Its purely factual and then once the facts have been made clear its up to the state 3) Mediation/Concil (Source: "Negociation Diplomatic ways, states discussing together 2) Enquiry Its about the facts, it doesn’t offer a solution. Its purely factual and then once the facts have been made clear its up to the state 3) Mediation/Conciliation Rely on the intervention of a third party, (a state, a personality like the UN general secretary) In mediation, the third pary is")
31. Study this source detail: they were a nation, common language common religion beliefs and the feeling to be one of the same people. Then you have nations states, Spain was the first nation state its started with Ferdinand the second 1478 who marr (Source: "they were a nation, common language common religion beliefs and the feeling to be one of the same people. Then you have nations states, Spain was the first nation state its started with Ferdinand the second 1478 who married Isabel of Castalia they merged both states with Castelino as a language and catholism as a religion. (the Ogs being: • France it")
32. Study this source detail: in examination, its responsible for making sure that revenues and expanses are regular. Monitoring the in come and expanses. European investment bank Consist in providing funds for European products often transnational, (Source: "in examination, its responsible for making sure that revenues and expanses are regular. Monitoring the in come and expanses. European investment bank Consist in providing funds for European products often transnational, it has a financial autonomy (can rise money on its own) Member, boar of governers (ministers of economy and finance of each member state),")
33. Study this source detail: on these subjects. Its not binding (c’est Juste des avis) It terms of structure, it’s close to the EU commission c) The European committee of the regions List adopted by the EU council, if you want to sit there you need (Source: "on these subjects. Its not binding (c’est Juste des avis) It terms of structure, it’s close to the EU commission c) The European committee of the regions List adopted by the EU council, if you want to sit there you need to have a regional or local mandate. (mayors, original counselees) Its purely consultative, its giving opinions on regional actions")
34. Study this source detail: migration (frontex), training and education and other (european agency for the space programme ) => decentralized. Other type of agencies, executive agencies they are created by the European commission for the purpose of (Source: "migration (frontex), training and education and other (european agency for the space programme ) => decentralized. Other type of agencies, executive agencies they are created by the European commission for the purpose of assisting it and bringing expertise. They are all in brussels. Different from the agencies. VIII) the European public function Eu")
35. Study this source detail: they’re in it (for instance Russia entered while they were at war a very bloody affair in Chechenia) b) Withdrawal You can withdraw by formally notifying the secretary. One example of a state who left, Greece, they left (Source: "they’re in it (for instance Russia entered while they were at war a very bloody affair in Chechenia) b) Withdrawal You can withdraw by formally notifying the secretary. One example of a state who left, Greece, they left before joining again. They had joined the council of Europe following the end of the civil war communist’s vs Greece state, colonels")
36. Study this source detail: month later Russia said “im gonna leave” the following day Russia was expelled. I- General missions Mostly human rights, main field of intervention is in terms of human rights. The aim is to achieve a greater unity among (Source: "month later Russia said “im gonna leave” the following day Russia was expelled. I- General missions Mostly human rights, main field of intervention is in terms of human rights. The aim is to achieve a greater unity amongst its members. Those missions were clarified in warsaw in 2005, protect human rights, political pluralism, promote the European cultural")
37. Study this source detail: conventions such as European convention on social and medical assistance, council of Europe convention against trafficking in human organs …. Theres a lot. Conventions of the council of Europe are open for non-members st (Source: "conventions such as European convention on social and medical assistance, council of Europe convention against trafficking in human organs …. Theres a lot. Conventions of the council of Europe are open for non-members states, possibility for states who are not members to join those conventions. The convention on cybercrime in Budapest was ratified by")
38. Study this source detail: parliaments so there’s a dialogue, corporation, Thought + debate Election of the secretary-general and the judges of the ECHR. c- The secretariat Secretariat-general => It’s for 5 years, for the moment it’s a swiss Secre (Source: "parliaments so there’s a dialogue, corporation, Thought + debate Election of the secretary-general and the judges of the ECHR. c- The secretariat Secretariat-general => It’s for 5 years, for the moment it’s a swiss Secretariat => members of the staffs, 24000 civil servants d- The congress of local and regional authorities 2 assemblies, one of local")
39. Study this source detail: between states. (Ireland vs UK, Georgia vs Russia…) most cases happen in situation where there’s already tension. b- Individual complaints A private person to bring a case against of the state. Admissibility criteria whi (Source: "between states. (Ireland vs UK, Georgia vs Russia…) most cases happen in situation where there’s already tension. b- Individual complaints A private person to bring a case against of the state. Admissibility criteria which cannot be for a claim interstate so its easier for them. You need to demonstrate that you have a stame aim (interet a agir) usually")
40. Study this source detail: its victim of its success and there’s too many cases brought before it. There ws a key moment, in 1998, before that the mechanism of single ocmplaint it was optional (states were free to accept or not if the ECHR could j (Source: "its victim of its success and there’s too many cases brought before it. There ws a key moment, in 1998, before that the mechanism of single ocmplaint it was optional (states were free to accept or not if the ECHR could judge them) but theres a protocole said that states had to accept individual complaints. Which explains the gradual expanse of the")
41. Study this source detail: do on your own soil. III- The contribution to the protection of human rights a) The characteristics of the human rights protected by the ECHR and the ECHRT 1) Direct applicability and primacy Direct applicability, becaus (Source: "do on your own soil. III- The contribution to the protection of human rights a) The characteristics of the human rights protected by the ECHR and the ECHRT 1) Direct applicability and primacy Direct applicability, because citizens complaints directly and primacy over domestic law. The ECHR’s judgement has an interpretative authority, a case isn’t just")
42. Study this source detail: Different ways to interpreter, 3 situations in which you assume that evolutionary interpretation must be used. (has been entered into for a very long period) Balance between interpretation and creation of the law. (creat (Source: "Different ways to interpreter, 3 situations in which you assume that evolutionary interpretation must be used. (has been entered into for a very long period) Balance between interpretation and creation of the law. (create the law is legislative work) how to achieve that? A. Interpretation shall never be contra legem Interpretation shall never go")
43. Study this source detail: a book which had been published toward teens and there was a chapter about drugs and encouragement to explore sexualities. The prosecutor said nuh huh. It appeared before the ECHR because there’s a lawful interference wi (Source: "a book which had been published toward teens and there was a chapter about drugs and encouragement to explore sexualities. The prosecutor said nuh huh. It appeared before the ECHR because there’s a lawful interference with freedom of expression. The court said that art 10 wasn’t breached bcs UK have a marge of appreciation. Elements of predictability,")
44. Study this source detail: jpp. b) Restictions or human rights 1) Exceptional circumstances Art 15 =>allow to take some measures under exceptional circumstances (threatening the life of the nation) There are certain rights which are absolute, para (Source: "jpp. b) Restictions or human rights 1) Exceptional circumstances Art 15 =>allow to take some measures under exceptional circumstances (threatening the life of the nation) There are certain rights which are absolute, paragraphed 28, the right to life for instance except for soldiers. Prohibition of torture or inhuman treatment, slavery, art 7. Those rights")
45. Study this source detail: When there is criminal investigation police can search your house, this is against privacy but its accepted bcs it’s to protect the general interest. Art 9 no one can restrict you from thinking but you can be restricted (Source: "When there is criminal investigation police can search your house, this is against privacy but its accepted bcs it’s to protect the general interest. Art 9 no one can restrict you from thinking but you can be restricted from expressing it. For instance, negationist is forbidden. Those interferences are acceptable bcs they protect health or")
46. Study this source detail: state to IACHR does not immediately recognize the power of the court to judge contentious. But it can give advisory opinions to every state. Even if you recognize the competence only states and the commission may bring a (Source: "state to IACHR does not immediately recognize the power of the court to judge contentious. But it can give advisory opinions to every state. Even if you recognize the competence only states and the commission may bring a claim. So individuals or associations can’t bring a case directly before the court. b- Africa Human right system in Africa, the")
47. Study this source detail: II. The evolutions of international law  1648 => year when it was born westphalie mon bb A (Source: "II. The evolutions of international law  1648 => year when it was born westphalie mon bb A")
48. Study this source detail: 1648 => PEACE OF WESTPHALIA  It ended the 30 years war, the initial trigger was that the spain stated that catolicisim was the only religion state  Cullus regio elis religio => each region chooses its prince, each stat (Source: "1648 => PEACE OF WESTPHALIA  It ended the 30 years war, the initial trigger was that the spain stated that catolicisim was the only religion state  Cullus regio elis religio => each region chooses its prince, each state can choose its own religion theyre free to decide what happened in their territory")
49. Study this source detail: s so a constitution autonomy, free ot decide if they want to be a democratic state or not though there’s some treaties which requires to be a democratic state like the EU States have to settles their situatiosn in a paci (Source: "s so a constitution autonomy, free ot decide if they want to be a democratic state or not though there’s some treaties which requires to be a democratic state like the EU States have to settles their situatiosn in a pacific way, and they have to comply with IL b) Factual inequalities Inequalities in terms of economy, power… IV- hierarchy V. anarchy : the...")
50. Study this source detail: 1) Introduction A subject of law => a person whether physical or legal who has rights and duties in a given legal system and lay exercise them An international perosne => right and duties has the capacity to maintain its (Source: "1) Introduction A subject of law => a person whether physical or legal who has rights and duties in a given legal system and lay exercise them An international perosne => right and duties has the capacity to maintain its right by bringing international claims For a long time states were the only subjects, only them could have rights and duties")
51. Study this source detail: 2) The UN security council Made of 5 permanent members and ten non-permanent members (Source: "2) The UN security council Made of 5 permanent members and ten non-permanent members")
52. Study this source detail: 3) The secretariat general & the secretary-general Investigation, translation … it is a coordinator organ and at its head there’s a secretary recommended by the UNC and appointed by the assembly, he’s the chief of UN sta (Source: "3) The secretariat general & the secretary-general Investigation, translation … it is a coordinator organ and at its head there’s a secretary recommended by the UNC and appointed by the assembly, he’s the chief of UN staff in general")
53. Study this source detail: 1950 around 20 states complaints so not much, in general they bring the case are between Ireland and UK or Georgia and Russia (Source: "1950 around 20 states complaints so not much, in general they bring the case are between Ireland and UK or Georgia and Russia")
54. Study this source detail: IO (UN assembly, counsel of Europe) Who can sign those treaties? Heads of the states, heads of gov and the ministers of foreign affairs = the ‘troika’ they can always sign, every type of treaties with every state The amb (Source: "IO (UN assembly, counsel of Europe) Who can sign those treaties? Heads of the states, heads of gov and the ministers of foreign affairs = the ‘troika’ they can always sign, every type of treaties with every state The ambassadors, the heads of diplomatic missions, can only sign a")
55. Study this source detail: B. The nullity of a treaty itself (contrariety with “jus cogens” ) Concept of jus cogens => created by the VCLT Introduce a public order, you cant disagree with it (prohibition of aggression, torture, crimes against huma (Source: "B. The nullity of a treaty itself (contrariety with “jus cogens” ) Concept of jus cogens => created by the VCLT Introduce a public order, you cant disagree with it (prohibition of aggression, torture, crimes against humanity, racial discrimination, slavery…) The identification of jus cogens A norm of general international law and recognized by the interna...")
56. Study this source detail: c) The revision of a treaty Formal => when there is an amendment, it is possible to make amendments for major importance or only the early years of their existence…if every parties agree to amend the treaty they can (Source: "c) The revision of a treaty Formal => when there is an amendment, it is possible to make amendments for major importance or only the early years of their existence…if every parties agree to amend the treaty they can")
57. Study this source detail: 1960=> bilateral custom the right to pass across india Practice is not necessarily universal it just needs to be suffienctly widespread (nombre )and representative (qualité ) asylum case ICJ 1950 was rejected because it (Source: "1960=> bilateral custom the right to pass across india Practice is not necessarily universal it just needs to be suffienctly widespread (nombre )and representative (qualité ) asylum case ICJ 1950 was rejected because it wasn’t widespreaded enough")
58. Study this source detail: I) Unilateral acts (states) A state can create a unilateral law in one situation, => when a state promises to do something for the sole benefit of another state Ex nuclear test cases (ICJ 1974), Giscard d’Estaing said Fr (Source: "I) Unilateral acts (states) A state can create a unilateral law in one situation, => when a state promises to do something for the sole benefit of another state Ex nuclear test cases (ICJ 1974), Giscard d’Estaing said France wouldn’t do nuclear tests which is considered by the ICJ to be binding")
59. Study this source detail: V) a mixed system : the USA There is a distinction between treaties and executive agreement, Treaties, signed by the senate with a two third majority (Source: "V) a mixed system : the USA There is a distinction between treaties and executive agreement, Treaties, signed by the senate with a two third majority")
60. Study this source detail: b- Attribution of activities carried out by private actors In theory, states are not responsible for private actors but exception at the article 8 of the DARS, regardez article 8 je vais mourir 1) Instructions Orders wer (Source: "b- Attribution of activities carried out by private actors In theory, states are not responsible for private actors but exception at the article 8 of the DARS, regardez article 8 je vais mourir 1) Instructions Orders were given by the states so there states are responsible for private actors (poutine asked private military group to kill Zelenski) 2) Direc...")
61. Study this source detail: 1986, two different of controls, effective control and overall / global => the ICJ prefers the effective control for ex in the Nicaragua case (Source: "1986, two different of controls, effective control and overall / global => the ICJ prefers the effective control for ex in the Nicaragua case")
62. Study this source detail: 1453 : end of the eastern empires c- The renaissance and contemporary era A lot happened, 1) Cultural trends Division within Christianity, the great schism of 1054 and emergence of various forms of Protestantism (Source: "1453 : end of the eastern empires c- The renaissance and contemporary era A lot happened, 1) Cultural trends Division within Christianity, the great schism of 1054 and emergence of various forms of Protestantism")
63. Study this source detail: 1871 war with France and the German empire was proclaimed in the gallery of glass of Versailles • England, the UK is not a nation, its several nations Existence of some states = recent like Greece of Belgium Colonization (Source: "1871 war with France and the German empire was proclaimed in the gallery of glass of Versailles • England, the UK is not a nation, its several nations Existence of some states = recent like Greece of Belgium Colonization, split of Africa in the berlin congress 1885")
64. Study this source detail: 1949- 1988 =>12 new members states and with the fall of the USSR 24 new members (Source: "1949- 1988 =>12 new members states and with the fall of the USSR 24 new members")
65. Study this source detail: 1974 they joined again c) Suspension and expulsion Two grounds for suspension : violation of article 3 or failure to fulfil financial obligation (Source: "1974 they joined again c) Suspension and expulsion Two grounds for suspension : violation of article 3 or failure to fulfil financial obligation")
66. Study this source detail: 3. Its going to confirm that the case has to be heard, and if precedents are well established (Source: "3. Its going to confirm that the case has to be heard, and if precedents are well established")
67. Study this source detail: III- The contribution to the protection of human rights a) The characteristics of the human rights protected by the ECHR and the ECHRT 1) Direct applicability and primacy Direct applicability, because citizens complaints (Source: "III- The contribution to the protection of human rights a) The characteristics of the human rights protected by the ECHR and the ECHRT 1) Direct applicability and primacy Direct applicability, because citizens complaints directly and primacy over domestic law. The ECHR’s judgement has an interpretative authority, a case isn’t just binding one state but al...")
68. Study this source detail: A. Interpretation shall never be contra legem Interpretation shall never go against the previsions of the text itself for instance Johnston/ Ireland 1986 (Source: "A. Interpretation shall never be contra legem Interpretation shall never go against the previsions of the text itself for instance Johnston/ Ireland 1986")
69. Study this source detail: 2) Restrictions “necessary in a democratic society” Among those right protected by the ECTHR (art 8 family life, art 9 10 11 for instance) => a state can interfere on everyday basis (Source: "2) Restrictions “necessary in a democratic society” Among those right protected by the ECTHR (art 8 family life, art 9 10 11 for instance) => a state can interfere on everyday basis")
70. Study this source detail: 1948, following the adoption of the charter for Bogota (Source: "1948, following the adoption of the charter for Bogota")
71. Study this source detail: The evolutions of international law  1648 => year when it was born westphalie mon bb A. Evolutions 1. The pre-state era (ancient times and middle ages )  It existed in the middle ages but not in the modern sense  East (Source: "The evolutions of international law  1648 => year when it was born westphalie mon bb A. Evolutions 1. The pre-state era (ancient times and middle ages )  It existed in the middle ages but not in the modern sense  Eastern empires, treaties existed already in ancient times (1259 before the birth of jesus chris)  Greek cities, were signing some traitees...")
72. Study this source detail: b) Jurisdiction There is a requirement which is jurisdiction => on the national territoirty we assume the state protects human rights (Source: "b) Jurisdiction There is a requirement which is jurisdiction => on the national territoirty we assume the state protects human rights")
73. Study this source detail: 5) Positive and negative obligations Negative obligations => the state is bound by a prohibition (Source: "5) Positive and negative obligations Negative obligations => the state is bound by a prohibition")
74. Study this source detail: e) Termination of a treaty The death of a treaty 1- Initial state’s will (specific provision from the treat) The treaty prevoit to end it self, form the very beginning states decided it would end (Source: "e) Termination of a treaty The death of a treaty 1- Initial state’s will (specific provision from the treat) The treaty prevoit to end it self, form the very beginning states decided it would end")
75. Study this source detail: c) A constant practice (=temporal) Immemorial time = not required, it doesn’t require centuries some are old from the roman empire some of them just emerge in a couple of years (Source: "c) A constant practice (=temporal) Immemorial time = not required, it doesn’t require centuries some are old from the roman empire some of them just emerge in a couple of years")
76. Study this source detail: III- circumstances precluding wrongfulness a) Circumstances linked to the acts of another state 1) Consent the first situation is where the state consent to a behaviour given by another state, it must free consent 2) Sel (Source: "III- circumstances precluding wrongfulness a) Circumstances linked to the acts of another state 1) Consent the first situation is where the state consent to a behaviour given by another state, it must free consent 2) Self defense A state react to an attack, if you strike first, it’s a breach of the use of force if you strike back that’s different its not...")
77. Study this source detail: =>a response to breaches, there’s conditions b) Outer circumstances 1) Force majeure Article 23 DARS, impossible to perform one obligation (natural disaster, humanitarian tone…) as very often you are supposed not to have (Source: "=>a response to breaches, there’s conditions b) Outer circumstances 1) Force majeure Article 23 DARS, impossible to perform one obligation (natural disaster, humanitarian tone…) as very often you are supposed not to have contributed to these situations => clean hand 2) Distress Its related to states agents, and state agents fearing for their own life, the...")
78. Study this source detail: b) Restictions or human rights 1) Exceptional circumstances Art 15 =>allow to take some measures under exceptional circumstances (threatening the life of the nation) There are certain rights which are absolute, paragraph (Source: "b) Restictions or human rights 1) Exceptional circumstances Art 15 =>allow to take some measures under exceptional circumstances (threatening the life of the nation) There are certain rights which are absolute, paragraphed 28, the right to life for instance except for soldiers")
79. Study this source detail: b) Factual inequalities Inequalities in terms of economy, power… IV- hierarchy V (Source: "b) Factual inequalities Inequalities in terms of economy, power… IV- hierarchy V")
80. Study this source detail: a) Hierarchy = the domestic legal order Theres a norm of hierarchy in norms (kelsen) Legislative, executive and juridictional powers (Source: "a) Hierarchy = the domestic legal order Theres a norm of hierarchy in norms (kelsen) Legislative, executive and juridictional powers")
81. Study this source detail: b) Anarchy : the international legal order 0 powers=> legislative executif and juridictional, states creates thoses powers but they can decide if they want to be judged, theres consent (Source: "b) Anarchy : the international legal order 0 powers=> legislative executif and juridictional, states creates thoses powers but they can decide if they want to be judged, theres consent")
82. Study this source detail: c) Suspension and expulsion Two grounds for suspension : violation of article 3 or failure to fulfil financial obligation (Source: "c) Suspension and expulsion Two grounds for suspension : violation of article 3 or failure to fulfil financial obligation")
83. Study this source detail: 2014 and 2019 for annexin of crime, and suspension in 2022 for invading Ukraine (Source: "2014 and 2019 for annexin of crime, and suspension in 2022 for invading Ukraine")
84. Study this source detail: 2001, was doomed because we didn’t respect a situation that the ECHR had already heard in Belgium 20 years before (Source: "2001, was doomed because we didn’t respect a situation that the ECHR had already heard in Belgium 20 years before")
85. Study this source detail: 1648 => year when it was born westphalie mon bb A (Source: "1648 => year when it was born westphalie mon bb A")
86. Study this source detail: b) the foundation of international law 1- definitions of positivsm and naturalism  Natural laws =>rules are going to be the same for everyone, universal and do not change, consent doesn’t matter  Positivism => rules ca (Source: "b) the foundation of international law 1- definitions of positivsm and naturalism  Natural laws =>rules are going to be the same for everyone, universal and do not change, consent doesn’t matter  Positivism => rules can change and not necessrailly the same for everyone, states are bound by rules they consentend to May or may not have the same result =>...")
87. Study this source detail: III) the characteristics of the international legal order a) Legal equality States are supposed to be equal, from a legal pdv states are equal, confirmed by helsinki conference in 1975 “sovereing equality” (Source: "III) the characteristics of the international legal order a) Legal equality States are supposed to be equal, from a legal pdv states are equal, confirmed by helsinki conference in 1975 “sovereing equality”")
88. Study this source detail: 1982 companies practice was adopted as a customary law ILC => considering diplomatic acts executive conduct, conduct in connection with treaties Practice may be negative, an obligation to refrain b) Uniform practice (geo (Source: "1982 companies practice was adopted as a customary law ILC => considering diplomatic acts executive conduct, conduct in connection with treaties Practice may be negative, an obligation to refrain b) Uniform practice (geographical) Practice must be unifgorm and constant, geographical and contemporal cond")
89. Study this source detail: 1988, IL primates on Domestic Law II) A dualist state: the UK Dualist in theory a) Approach to treaties Maclaine vs department of trade and industry => dualism was favoured out of concern for separation of power, the exe (Source: "1988, IL primates on Domestic Law II) A dualist state: the UK Dualist in theory a) Approach to treaties Maclaine vs department of trade and industry => dualism was favoured out of concern for separation of power, the executive may sign treaties, but it is up the parliament to incorporate the treaty in t")
90. Study this source detail: b) Approach to customary law 1938, chi Cheung vs regina, the treatment is different for customary law are considered automatically incorporated unless it’s against acts of parliament or common law (Source: "b) Approach to customary law 1938, chi Cheung vs regina, the treatment is different for customary law are considered automatically incorporated unless it’s against acts of parliament or common law")
91. Study this source detail: 1900, this would apply if there is no contrary domestic act 8 criteria were defined by the US 5- responsibility main difference between responsibility in domestic law and international law introduction article 1 and 2 of (Source: "1900, this would apply if there is no contrary domestic act 8 criteria were defined by the US 5- responsibility main difference between responsibility in domestic law and international law introduction article 1 and 2 of DARS (draft articles on the responsibility of states) domestic legal system, it sta")
92. Study this source detail: a) Congestion It works too well, its victim of its success and there’s too many cases brought before it (Source: "a) Congestion It works too well, its victim of its success and there’s too many cases brought before it")
93. Study this source detail: 1998, before that the mechanism of single ocmplaint it was optional (states were free to accept or not if the ECHR could judge them) but theres a protocole said that states had to accept individual complaints (Source: "1998, before that the mechanism of single ocmplaint it was optional (states were free to accept or not if the ECHR could judge them) but theres a protocole said that states had to accept individual complaints")
94. Study this source detail: 3) Evolutionary interpretation A convention (ECHR) drafted in the early 50’ which means that over the decades you have new questions new societal aspects which emerge (Source: "3) Evolutionary interpretation A convention (ECHR) drafted in the early 50’ which means that over the decades you have new questions new societal aspects which emerge")
95. Study this source detail: C. Evolutionary interpretation shall reflect “present day” conditions Is the approach of European states is sufficiently homogenous in Europe (Source: "C. Evolutionary interpretation shall reflect “present day” conditions Is the approach of European states is sufficiently homogenous in Europe")
96. Study this source detail: 1976 against the UK, at the time there was a book which had been published toward teens and there was a chapter about drugs and encouragement to explore sexualities (Source: "1976 against the UK, at the time there was a book which had been published toward teens and there was a chapter about drugs and encouragement to explore sexualities")

📅 Key Dates

Date	Event
1648	Birth of international law
1945	Establishment of the United Nations
1949	Creation of the European Court of Human Rights

📊 Synthesis Tables

Comparison of International Law Characteristics

Characteristic	Description
Legal equality	States are legally equal regardless of size or power
Sovereignty	States have authority over their territory and internal affairs
Consent-based rules	Rules are created through state consent, treaties, and customary law
No central authority	Absence of a central legislative, executive, or judicial authority

⚠️ Common Pitfalls & Confusions

1. Confusing international law with domestic law principles.
2. Assuming all international organizations have the same powers.
3. Overlooking the importance of state consent in international obligations.
4. Misunderstanding the difference between binding and non-binding international acts.
5. Ignoring the role of customary international law.
6. Confusing the legal personality of international organizations.
7. Assuming universal jurisdiction exists in all international disputes.

✅ Exam Checklist

1. Understand the main characteristics of international law.
2. Identify the phases of international law development.
3. Explain the role of the United Nations and its organs.
4. Describe the nullity of treaties and jus cogens norms.
5. Differentiate between customary international law and unilateral acts.
6. Discuss the principles of state consent and self-defense.
7. Review dispute resolution methods: negotiation, mediation, arbitration.
8. Understand the European Union's legal framework and institutions.
9. Analyze the application and interpretation principles of the European Court of Human Rights.
10. Recognize the evolution of international law from natural law to positivism.
11. Identify key international law cases and their significance.
12. Explain the concept of international legal order and sovereignty.