Law Notes International Law Notes
These exam notes were used to achieve a High Distinction in International Law at Monash University. At the time of taking the exam the policy question was pre-advised by the lecturer and therefore the prepared answer is not included here.
The notes cover all course content. They include clear and easily usable exam problem structures. The notes are easily navigated as include clear and comprehensive lists of contents and page numbers.
The author of these notes has never scored less than a ...
The following is a more accessible plain text extract of the PDF sample above, taken from our International Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Requirements for a valid treaty 5
Formation and application of treaties 5
Concluding a treaty: signature and ratification 5
Rules for treaty interpretation and application 7
Reasons for invalidity of treaties 7
There is an error in the treaty 8
The treaty came about through fraud, corruption or coercion 8
It conflicts with a norm of jus cogens 8
Right to withdraw from treaties 8
Grounds for terminating a treaty 9
Supervening impossibility of performance 9
Fundamental change in circumstances 9
Grounds under the treaty itself 9
Consequences of termination 10
Consequences of the suspension of the operation of a treaty (VCLT Art 72) 10
Objection to a rule of custom 11
Rules for conflict between norms 11
Relationship between municipal and international law 12
National law operating in the sphere of international law 12
International law operating in the sphere of national law 12
Requirements for implementation of IL 12
Unincorporated IL not binding in Australia 12
Indirect application of IL in Australian law 13
Personality, statehood and recognition 13
Criteria for statehood (Montevideo convention), legality and recognition 13
Were the criteria achieved lawfully? 14
Recognition by other states 14
NGOs, transnational corporations, individuals: see theory notes 15
Public international organisations 15
To what extent does [X organisation] have legal personality? 15
Does the territory in question belong to the entity/state claiming it? 15
The entity claiming must be a state 15
Traditional methods [all still applicable except conquest] 15
Modern approach to sovereignty [consider in addition to occupation/prescription etc] 16
Competing claims to territory 17
State jurisdiction to pass and enforce its municipal law 17
Protective principle/effects doctrine 19
Passive personality jurisdiction 19
State immunities from municipal jurisdiction 20
Immunity of the state itself 20
Test for whether a state itself is immune 20
Immunity of individuals acting in state capacity 20
Test for whether an individual is immune 20
Does [X] enjoy diplomatic immunity? 22
Is [event/thing/act] covered by diplomatic immunity? 22
What are the obligations of the receiving state and the diplomat? 22
Has an international obligation been breached? 23
Was there damage to another international subject caused by the act? 23
Can the act be attributed to the state? 23
Persons or entities exercising governmental authority 24
Non-state actors/individuals under the direction/control of a state 24
Acts of an insurrectional movement that forms a new government/state 24
Adoption of private conduct 25
Private individuals (without adoption by the state) 25
Are there circumstances that preclude the wrongfulness of the act/omission? 25
Distress (relating to danger to individuals) 27
Necessity (relating to danger to state itself) 27
Fault (aside: only address if relevant) 27
What consequences will flow from the wrongful act? 27
Reparation (including restitution, compensation and satisfaction) 28
Use of force prohibited under the Charter 28
Was there/will there be a threat or use of force by [X] within the meaning of Art 2(4)? 28
Did [X] use/threaten force lawfully within one of the exceptions to the prohibition? 29
‘Collective security’ exception: action by the Security Council 29
International human rights law 32
Has there been a breach of [X]’s human rights? 32
What is the consequence of the breach? 33
Most favoured/national treatment rules 34
Rules [choose which applies] 34
Are the products ‘like products’? 35
Technical regulations must not create unnecessary barriers to trade 35
Intellectual property rules under TRIPS 35
Dispute settlement process in the World Trade Organization 35
Formally adopted by Dispute Settlement Body (member states) 36
Territorial sea: 12 nautical miles from coast 37
Contiguous zone: 12-24 nautical miles from coast 38
Sea bed: continental shelf or exclusive economic zone of up to 200 nautical miles 38
International dispute resolution 39
States are required to settle disputes peacefully 39
Non-judicial settlement of disputes (not limited to states) 40
International Court of Justice 40
Third states in contentious litigation 41
Enforcement of ICJ judgments 42
A treaty is an international agreement (generally written) between two or more states to be bound by certain rules. They are governed by international law.
may be in a single instrument or two or more related instruments: Vienna Convention on the Law of Treaties (VCLT) Art 2(1)(a).
The VCLT which regulates written treaties is recognised and applied as articulating custom in most respects.
The parties must have an intention to create rights and duties enforceable under IL. Intention is judged...
Buy the full version of these notes or essay plans and more in our International Law Notes.
These exam notes were used to achieve a High Distinction in International Law at Monash University. At the time of taking the exam the policy question was pre-advised by the lecturer and therefore the prepared answer is not included here.
The notes cover all course content. They include clear and easily usable exam problem structures. The notes are easily navigated as include clear and comprehensive lists of contents and page numbers.
The author of these notes has never scored less than a ...
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