(2) Actions of the State

• What does Article 38 of the ICJ refer to?

  Sources of international law
• What are international conventions?

  Rules recognized by consenting states
• What is international custom?

  Evidence of general practice accepted as law
• What is legal personality in international law?

  • Ability to have rights and duties
  • Enter legal relationships
  • Be held accountable for breaches
• Who has legal personality under international law?

  States and international organizations
• Why do states have legal personality in international law?

  They are primary actors in international law
• What does the Montevideo Convention outline?

  Criteria for statehood
• What are the Montevideo criteria for statehood?

  • Permanent population
  • Defined territory
  • Government capacity to enter relations
• What issues arise with the Montevideo criteria for statehood?

  Unclear boundaries and government effectiveness
• What is the significance of the Kosovo case in international law?

  Challenges traditional criteria for statehood
• When did Kosovo declare independence?

  2008
• What was Kosovo's status before independence?

  Autonomous province within Yugoslavia
• What legal issues arose from Kosovo's declaration of independence?

  Unilateral declaration violating Serbia's sovereignty
• What principle is debated in the Kosovo case?

  Self-determination vs territorial integrity
• What is recognition in the context of statehood?

  A political act, not a legal requirement
• What are the issues regarding states as actors in international law?

  • Need for consent
  • Links to geopolitics
  • State immunity
  • Sovereign equality vs power imbalance
• What was the Nicaragua v United States case about?

  Military activities against Nicaragua
• What did Nicaragua allege against the US in the 1980s?

  US supported Contra rebels against Nicaragua
• What was the ICJ's ruling in Nicaragua v United States?

  US violated international law
• What were the consequences of the ICJ ruling in Nicaragua v United States?

  US did not respect the ruling
• What were the reasons for the US withdrawal from the ICJ?

  Non-compliance and Security Council inaction
• What was the Pinochet case about?

  Human rights violations by Augusto Pinochet
• What legal basis did Spain invoke in the Pinochet case?

  Universal jurisdiction for torture crimes
• Why was Pinochet not extradited?

  Due to health concerns
• What was the ICJ's ruling in Congo v Belgium?

  Current heads of state have absolute immunity
• What are the tensions in prosecuting state officials?

  • Upholding immunity vs accountability
  • Difficulty in prosecuting state officials
• What is collective security under the UN Charter?

  • Measures not involving armed forces
  • Preventative role of the UNSC
  • Imposing diplomatic sanctions or ADR techniques
• What are some international organizations mentioned?

  • EU
  • African Union
  • United Nations
  • World Trade Organisation
• How are international organizations typically established?

  By treaty to attain specific objectives
• What does the Congo v Belgium case illustrate?

  State immunity and diplomatic immunity issues
• What did the Reparation for Injuries case clarify?

  Legal personality of international organizations
• What is the role of the UN General Assembly?

  Forum for deliberations and policy-making
• What is the composition of the UN Security Council?

  15 members, 5 permanent, 10 non-permanent
• What does Article 2(4) of the UN Charter prohibit?

  Threat or use of force against states
• What does the term 'force' refer to in Article 2(4)?

  Armed and military force
• What was the outcome of the Corfu Channel case?

  Violation of Albanian territorial integrity
• What are the exceptions to the prohibition of force?

  Self-defense and UNSC authorization
• How is 'armed attack' defined in international law?

  Not explicitly defined but gravity matters
• What does the principle of proportionality regulate?

  Response to armed attacks
• What was concluded in the legality of the threat or use of nuclear weapons case?

  Aerial bombardment is disproportionate