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International law and Use of Force

International law and Use of Force. Lecture 26 March 18. ASSIGNMENTS. Friday, March 20 International Law and the Use of Force Traditional Limits on Use of Force - Naulilaa Case and Caroline Dispute Art. 2(4) and the Use of Force by States Art.2(4) and the use of force by states

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International law and Use of Force

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  1. International law and Use of Force Lecture 26 March 18

  2. ASSIGNMENTS Friday, March 20 International Law and the Use of Force • Traditional Limits on Use of Force - Naulilaa Case and Caroline Dispute • Art. 2(4) and the Use of Force by States Art.2(4) and the use of force by states Read Henkin and Reisman excerpts (just review it) The Nicaragua Case, Note p.558 Wednesday, April 1 – Final draft of paper due – Guest Speaker – Professor Kanner – Terrorism and International Law Attendance compulsory Final exam: May 4, 4:30-7pm, HUMN 1B50 Today The Reparations Case p.469 • UN Reform • UN World Summit 2005 document: http://www.un.org/ga/59/hlpm_rev.2.pdf Based on document: In Larger Freedom http://www.un.org/largerfreedom/ NGOs – p.503

  3. Presentation of Papers • At the front of the class, on my desk, I have a sheet to sign up for oral presentation of your optional papers • April 15 – May 1

  4. OPTIONAL PAPERS • Remember to have a clear thesis in one of your first few paragraphs (use heading “Introduction”, etc.). • In Introduction spell out your thesis and at the end of introduction have a short overview of the topics to be covered in the paper. Example: In this paper, I will address… [then you just list the topics that will be covered – thus giving the reader a heads-up on what is to come.] • “Conclusion”: sum up your paper reiterate your thesis.

  5. April 1 - OPTIONAL PAPERS Due PROPOSAL (if you got it back or haven’t handed it in): Description of the issue or problem, detailed outline, bibliography PROPOSAL MUST BE HANDED BACK TOGETHER WITH FINAL PAPER OR I WON’T ACCEPT THE FINAL PAPER (if I have it no worries). Final Paper – use double-space format, font 12

  6. Class presentations • The materials can be used in quizzes and exams • Make sure if you miss any of them you get the information from classmates • Three important points for each presentation

  7. IRAQ • UNSC Resolution 1441 • UNSC Resolution 687 – • http://www.un.org/Depts/unmovic/documents/docslist.htm • UNSC Resolution 678 • UNSC Resolution 660

  8. Materials • Declaration of Principles of International Law: • http://www.hku.edu/law/conlawhk/conlaw/outline/Outline4/2625.htm • Humanitarian intervention: http://www.dfait-maeci.gc.ca/iciss-ciise/report2-en.asp Responsibility to Protect: http://www.americaabroadmedia.org/programs/view/id/112

  9. Reparation for Injuries suffered in the Service of the UN • Issue: Does the UN have the capacity to bring an intl claim against both member and non-member states? • Sub-question: Does it have international personality? • Yes. The UN has the capacity to bring an international claim against both member and non-member states. The UN is a subject of intl law possessing international personality.

  10. Reasoning: • The UN possesses international personality/ is an intl person, which is not the same as a state, with the respective rights and duties of states. • The UN has a position in certain respects in detachment from its member states – it concludes treaties. The Convention on the Privileges and Immunities of the UN “operates … as between parties possessing intl personality”. Hence it has international personality. • Does the sum of intl rights include the right to bring a claim against another state? It is not spelled out in the treaty. The rights and duties of the UN must depend on its purposes and functions as specified or implied in its constituent documents (constitutional/ the Charter) and developed in practice • –The doctrine of IMPLIED POWERS

  11. Reasoning-2: • When the UN hassustained damage resulting from a breach by a state of its intl obligations it is impossible to see how UN can obtain reparations unless it possesses capacity to bring an intl claim. In order to effectively discharge its functions the member states have endowed the UN with capacity to bring intl claims when necessitated by the discharge of its functions, rather than the concurrent action by (the then) 48 [UN member states] or more Foreign Offices.

  12. Roles and status of NGOs • - watchdog function • - gather facts • - lobby, • - provide technical expertise • - UN Charter Art.71 – NGOs- consultative status with ECOSOC • - treaties can specify direct role for NGOs – Treaty to Combat Desertification 1994 • - Lack international legal personality on the international plane - cannot bring legal claims on the international plane • - but many NGOs have legal personality in national law • - legal personality within regional “international’ legal systems - EU - Nordic Council

  13. NGOs • Intl Red Cross and Red Cresent Movement • 1) Intl Committee of the Red Cross • 2) Intl Federation of Red Cross Societies and Red Cresent Societies - American Red Cross

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