International Law

This needs to be responded using the IRAC (issue, rule, application and conclusion) method. I am studying in Australia so the referencing style is AGLC. If this is not available, please let me know and I can select an alternative.
International legal personality
The elements of the state (as an international legal person):
– People (aggregations of individuals): personal sphere of validity of the state
– Territory: spatial sphere of validity of the state
– Time: temporal sphere of validity of the state
– A coercive system of rules (a relatively centralised legal order)
– Capacity to act in international law (sovereign power)
New states and extinction of states
The balance between the right of peoples to self-determination and state sovereignty
Recognition of statehood
International organisations (aggregations of states)
Individuals: limited international legal personality
Corporations (aggregations of individuals, profit): limited international legal personality
NGOs (aggregations of individuals, non-profit): limited international legal personality
Relevant rules
Montevideo Convention on the Rights and Duties of States 1933
International law as a legal system
Defining law, domestic law and international law based on the concept of ‘rule’:
A – Law as a system of rules governing conduct of the members of a community
B – Domestic law as a system of rules governing conduct of natural and legal persons within a nation-state
C – International law as a system of rules governing conduct of the nation-states (and infra-state natural and legal persons)
International law as a system of primary and secondary rules:
A – Primary and secondary substantive rules (horizontal (temporal and causal) perspective: obligations-sanctions) (Kelsen)
B – Primary substantive rules and secondary meta-rules (vertical (hierarchical) perspective: power) (Hart)
C – Procedural and substantive rules:
– Creation, alteration, and removal of rules (horizontal international law sources v vertical domestic sources)
– Primary substantive rules (general v particular international obligations)
– Secondary substantive rules (international breaches and sanctions)
– Adjudication upon breaches (horizontal invocation of state responsibility v vertical domestic judgment)
– Breaches of international sanctions (secondary substantive rules)
– Enforcement (horizontal international countermeasures v vertical domestic enforcement)
Relevant rules
1969 Vienna Convention on the Law of Treaties
2001 ILC Project on State ResponsibilityResponsibilityState responsibility as a system of secondary norms The ILC’s Draft Articles on State Responsibility for Internationally Wrongful Acts Collective responsibility under international law v individual responsibility under domestic law Elements of an internationally wrongful act of a state: Conduct in breach of an international legal obligation Attribution of conduct to a state Conduct of state organs Conduct of non-state legal persons acting under the instruction, direction and control of the state: ‘effective control’ v ‘overall control’ test Breaches of peremptory norms (jus cogens) Elements of a breach Serious breach of a peremptory obligation Consequences of a breach Non recognition of the legality of the situation Non-assistance in maintaining the situation Differences between Article 40 of the ILC’s 2001 Draft Articles (Breaches of peremptory rules) and Article 19 of the ILC’s 1996 Draft Articles (International crimes of states) Relevant rules Responsibility of States for Internationally Wrongful Acts – ILC’s Draft Articles (second and final draft, 2001), Articles 2, 4, 8, 40 and 41 Responsibility of States for Internationally Wrongful Acts – ILC’s Draft Articles (first draft, 1996), Article 19Dispute settlementImplementation of state responsibility Dispute settlement as a means for imposing sanctions for a breach of a primary obligation Enforcement as a response to the breach of a secondary obligation Dispute settlement Negotiation Good offices Mediation Conciliation Jurisdictions Arbitrators PCIJ/ICJ Ad hoc tribunals Invocation of responsibility By the (materially) injured state (Article 42 of the ILC’s 2001 Draft Articles on State Responsibility)Breaches of bilateral obligations Breaches of integral obligations By a state other than the (materially) injured state (Article 48 of the ILC’s 2001 Draft Articles on State Responsibility) Breaches of obligations erga omnes (contractantes) Enforcement Institutional (eg, UN system) Non-institutional: countermeasures (Article 49 of the ILC’s 2001 Draft Articles on State Responsibility) The breach of a primary obligation as a justification of otherwise unlawful countermeasures Countermeasures as temporary, proportionate and possibly reversible acts directed against a responsible state aiming to induce compliance with the primary obligation breached Bilateral countermeasures Retaliation v countermeasures as a response to the breach of an obligation erga omnes (contractantes) (Article 54 of the ILC’s 2001 Draft Articles on State Responsibility) The relationship between Articles 40, 41, 48 and 54 of the ILC’s 2001 Draft Articles on State Responsibility: enforcement of jus cogens and obligations erga omnes (contractantes) Obligation to cooperate to bring to an end a serious breach of a peremptory norm of international law under Article 41 of the ILC’s 2001 Draft Articles on State Responsibility and collective countermeasures under Article 54 of the ILC’s Draft Articles on State Responsibility An alternative viewpoint: invocation of responsibility based on legal injury, that is, the breach of an obligation (duty-right (jus) relationship) Indivisible obligations erga omnes (contractantes) – collective invocation of responsibility – indivisible substitute obligations (sanctions) – collective countermeasures Divisible obligations erga omnes (contractantes) – bilateral invocation of responsibility – bilateral substitute obligations (sanctions) – bilateral countermeasures Disputes for breaches obligations under ‘private’ international law: transnational relationsDiplomatic protectionDisputes between State and non-State actorsDisputes between non-State actorsCompetent forum, applicable law, enforcement of foreign judgmentsRelevant rules Responsibility of States for Internationally Wrongful Acts – ILC’s Draft Articles (second and and final reading, 2001) Articles 40, 41, 42, 46, 48, 49 and 54 Responsibility of States for Internationally Wrongful Acts – ILC’s Draft Articles (provisional reading 2000) Article 40Hague Convention on the Choice of Court Agreement 2005

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