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Weekly discussion board in international law
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International Law Discussion Board Week
Instructions
This week, we examined the world of international adjudication and you will
write a research essay on an international court of your choosing.
First, select one of the following international courts:
International Court of Justice (ICJ)
International Criminal Court (ICC)
International Labour Organization Administrative Tribunal
International Tribunal for the Law of the Sea
Permanent Court of Arbitration
World Bank – International Centre for the Settlement of Investment Disputes
World Intellectual Property Organization Arbitration and Mediation Center
You will then write a 1-page paper summarizing the court you have selected
and explaining its importance and purpose.
Please explain the court’s function, construction, history, purpose and
procedures.
You may also discuss any cases of importance or recent cases that are of
interest to you.
Please remember that this is not an opinion paper; please rely on pertinent and
authoritatively correct high-quality resources. While you may have certain
areas that include opinion, the majority of your paper should be focused on
research.
When citing to websites, such as those for the international courts, don’t forget
to use Rule 18 in The Bluebook.
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INTERNATIONAL LAW DISCUSSION BOARD INTERACTION
Week 3: The Use of Force & Rules of War
Topic:
This week we are examining use of force and self defense. In your post this week, please answer
the following questions:
1. When is use of force permitted and prohibited? What is self defense and how is it applied in
international conflict law? What is proportionality and why is it important in the international
arena?
2. Cabal has now joined the United Nations as a full member state and Anarchy refuses to
recognize its status. If the State of Anarchy launched a military attack on Cabal, what is Cabal’s
right of self defense? If the State of Boring was interested in joining sides in the war, would it be
justified? Would it depend on the side it joined? Would it need approval from the United
Nations? Try to justify your position based upon your status as an ambassador in line with the
country which you represent.
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Please interact with the following student’s posts. Do not forget to ask them a question.
Student #1(CDBM) Post:
Hello class,
1- The use of force in international law is generally prohibited under the principle of Article 2(4)
of the United Nations Charter, which states that “All members shall refrain in their international
relations from the threat or use of force against the territorial integrity or political independence
of any state, or in any other manner inconsistent with the Purposes of the United Nations.”
However, there are exceptions to this prohibition.
Self-Defense: One of the primary exceptions is the inherent right of self-defense, as outlined in
Article 51 of the UN Charter. According to this provision, a state has the right to use force in
self-defense if an armed attack occurs against it. Self-defense must be immediate, necessary, and
proportionate.
Proportionality: Proportionality is a key principle in international humanitarian law that
governs the conduct of armed conflicts. It requires that the use of force be proportional to the
threat faced. In other words, the response to an armed attack should not exceed what is necessary
to address the threat. Proportionality seeks to prevent unnecessary harm to civilians and property.
Importance in the International Arena: Proportionality is crucial in the international arena
because it helps mitigate the humanitarian impact of armed conflicts. It ensures that military
actions are not excessive, and that the response is commensurate with the threat. Violations of
proportionality can lead to accusations of war crimes and damage a state’s reputation on the
global stage.
2- State of Anarchy’s Military Attack on Cabal and State of Boring’s Involvement.
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Cabal’s Right of Self-Defense: If the State of Anarchy launches a military attack on Cabal,
Cabal would have the right to exercise self-defense under Article 51 of the UN Charter. Cabal
can use force to repel the armed attack and protect its territorial integrity.
State of Boring’s Involvement:
1. 1- Justification for Involvement:
•
If State of Boring supports Cabal’s right to self-defense, it could justify its
involvement as assisting a victim of aggression.
•
If State of Boring supports State of Anarchy’s actions, it might claim it is acting in
alliance or in pursuit of common interests.
2. 2- Dependence on the Side Joined:
•
Joining Cabal in self-defense might be seen as justifiable under principles of
collective security and the right to counter aggression.
•
Joining State of Anarchy might raise concerns about supporting aggression and
violating principles of the UN Charter.
3. 3- Approval from the United Nations:
•
The UN Security Council might play a crucial role in approving or disapproving
State of Boring’s involvement.
•
Any military action by State of Boring would ideally be subject to UN scrutiny
and approval to ensure adherence to international law.
Justification Based on Anarchy’s Status: As an ambassador for the State of Anarchy, justifying
military action against Cabal would likely involve arguments related to self-defense or perceived
threats to Anarchy’s interests. However, such justifications would need to align with international
law and be subject to scrutiny by the international community.
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These scenarios underscore the complex dynamics of international conflict law, where principles
of self-defense and proportionality play pivotal roles.
References:
– United Nations Charter, Article 51
– Principles of collective security and international law
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Student #2 (KS) Post:
Hello Class,
1. In international law, the use of force is generally regulated by the United Nations Charter,
which prohibits the threat or use of force against the territorial integrity or political
independence of any state unless authorized by the Security Council or justified under the
right of self-defense. Article 2(4) of the UN Charter explicitly prohibits the use of force,
and Article 51 recognizes the inherent right of self-defense if an armed attack occurs until
the Security Council takes necessary measures.
Self-defense in international conflict law refers to the use of force by a state in response to an
armed attack. The Caroline case principles, articulated by Daniel Webster in 1842, highlight the
necessity and proportionality aspects of self-defense. Self-defense is legitimate when an armed
attack is imminent or has occurred, and the response is necessary and proportionate to repel the
attack.
Proportionality, in the context of international law, requires that the use of force be reasonable
and not excessive in relation to the threat faced. It is a principle embedded in customary
international law and is emphasized in various international humanitarian law instruments.
Proportionality serves to prevent unnecessary harm and destruction during armed conflicts,
ensuring that the force used is commensurate with the threat and military objectives.
2. Cabal and the UN
a. Cabal’s Right of Self-Defense: If the State of Anarchy launches a military attack
on Cabal, Cabal has the right to self-defense under Article 51 of the United
Nations Charter. Article 51 recognizes the inherent right of individual or
collective self-defense in the event of an armed attack until the Security Council
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takes necessary measures to maintain international peace and security. Cabal
would be justified in using force to repel the attack and protect its sovereignty.
b. Involvement of the State of Boring: The involvement of the State of Boring would
depend on the circumstances and the principles of just war. If Boring decides to
join the conflict, the justifiability would hinge on factors such as the cause of the
conflict, the legitimacy of the sides involved, and the proportionality of the
response.
c. Dependence on the Side Joined: Whether the State of Boring is justified in joining
the war would indeed depend on the side it chooses. If Boring aligns itself with
Cabal in a response to an unlawful attack, it may be seen as supporting a just
cause. However, if Boring aligns itself with Anarchy without a lawful basis for the
attack, it could be considered complicit in aggression.
d. Approval from the United Nations: While approval from the United Nations is not
explicitly required for self-defense under Article 51, seeking a Security Council
resolution could enhance the international legitimacy of Cabal’s actions. If Boring
intends to join the conflict, obtaining approval from the United Nations would
further strengthen the legal and moral grounds for its involvement.
United Nations Charter, Articles 2(4) and 51.
The Caroline Case (1842).
Yoram Dinstein, War, Aggression and Self-Defence (5th ed., 2011).
International Committee of the Red Cross, Customary International Humanitarian Law (2005).
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PART II
MY POST:
Week 3: Use of Force & War
1.
When is the use of force permitted and prohibited? What is self-defense and how is it
applied in international conflict law? What is proportionality and why is it important in the
international arena?
The post-1945 legal framework
The UN Charter constitutes the current legal groundwork of international law regulating
the use of force. The fundamental purpose is to Maintain international peace and security. That
includes preventing and removing threats to the peace, suppressing acts of aggression or other
breaches of the peace, conforming with the principles of justice and international law, and
adjusting or settling disputes or issues that might escalate to a breach of the peace. Therefore, as
a rule of international law, the use of force is prohibited (Open University).
Q1
One of the most essential principles in international law prohibits using force (Article
2.4) of the UN Charter. A UN member state cannot threaten or use force against another state.
Although the article is unclear concerning “armed” or similar words, most theorists believe it
implies military force, excluding non-military forms of coercion like economic sanctions or
cyberattacks. (JUSTIA, 2023).
However, the prohibition against using force does not cover all situations. Article 51 of
the UN Charter acknowledges using force in self-defense as an exception. States can pursue selfdefense to respond to an armed attack (Buergenthal & Murphy, 2013). Nevertheless, it must be
necessary not to mention proportionate to the threat. The cause is prohibited when it does not
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meet the criteria of self-defense. It is also prohibited if not in response to an armed attack. The
cause is also prohibited where it goes beyond what is necessary and proportionate. Self-defense
is defined as the right assigned to a state to use force when confronted by an armed attack. The
outcome is necessary to maintain international peace and security. The actualization of the right
to self-defense in international conflict law is founded on the principles outlined in the UN
Charter and customary international law. States may use force to defend themselves, a right that
extends to collective self-defense through regional defense agreements, as seen in organizations
such as NATO. Some situations might include force for humanitarian purposes or to protect
citizens. Though the UN Charter does not acknowledge these cases as exceptions, some political
experts believe that a state can use force (JUSTIA, 2023).
Proportionality implies that the force a state uses must be reasonable. It should also not
exceed what is necessary to counter the armed attack. Proportionality is crucial in the
international arena, as it helps prevent unnecessary harm from escalating to civilians and noncombatants (Federation of American Scientists, 2023). It is also a fundamental principle in
determining the legality and legitimacy of a state’s use of force.
2.
Cabal has now joined the United Nations as a full member state and Anarchy refuses to
recognize its status. If the State of Anarchy launched a military attack on Cabal, what is Cabal’s
right of self-defense? If the State of Boring was interested in joining sides in the war, would it be
justified? Would it depend on the side it joined? Would it need approval from the United
Nations? Try to justify your position based on your status as an ambassador in line with the
country that you represent.
Q2
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Cabal has the right to self-defense in response to Anarchy’s armed attack. This is in line
with the UN Charter, Article 51. The article recognizes the intrinsic right of individual or
collective self-defense when facing an armed attack. It would be reasonable for the State of
Boring to join if its conduct aligns with the principles of justifiable self-defense. If Cabal is
defending itself against an armed attack, Boring’s involvement could be justified. However,
joining Anarchy’s attack without proper justification would likely violate international law.
While obtaining approval from the United Nations is not a strict legal requirement for selfdefense, seeking support or approval from the international community can enhance the
legitimacy of the actions. Boring should consider international opinions and potential
consequences before taking sides.
References
Buergenthal, T. & Murphy, S. D. (2013). Public International Law In a Nutshell. New York:
West.
Federation of American Scientists (2023). Military Analysis Network. https://man.fas.org/.
JUSTIA. (2023). Use of Force Under International Law. https://www.justia.com/internationallaw/use-of-force-under-international-law/
Open University (n. d). The Use of Force in International Law.
https://www.open.edu/openlearn/society-politics-law/the-use-force-international-law/contentsection-1.1
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Please answer the professor
Professor replies:
Should the use of force, including the right to self-defense, always be used within the
international community as a last resort? Please explain to the class.
There is a separate initial discussion. Total 4 discussions.
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LSTD507 INTERNATIONAL LAW ALL WKS READING MATERIALS
WK1
The Nature, Development, and Sources of International Law
Welcome Ambassadors!
Throughout this course, we will be using a simulation of three nation states for our discussions
and the projects in the Assignments tab. At times, you may need to reach out to a fellow student
or your professor to complete the tasks. Each person in the class will be assigned to one of the
three island nations of:
State of Anarchy (A)
State of Boring (B)
State of Cabal (C)
For the purposes of this class, you will be an ambassador representing the people of a nation state
based upon your last name:
If your last name starts with A through I – You represent the State of Anarchy (A)
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If your last name starts with J through Q – You represent the State of Boring (B) (I am
here)
If your last name starts with R through Z – You represent the State of Cabal (C)
*If there are no students in the class with a last name that can be assigned to one of the above
nations, your professor will be reassigning students to different countries or will be filling in and
representing that country. You may contact them to complete any assignments or discussions as
needed.
Background of Your State:
Please read below to learn more about the background of your Island, before completing this
week’s discussion.
State of Anarchy (A):
In this country, the people do not believe in a central government. Despite this fact, this nation is
a recognized state in the United Nations and recognized by the rest of the world as a member
state. Its lengthy existence and role in the world has outweighed its need for a centralized
government. It rules in a very lawless way, through the use of the citizens’ own firearms and
make the rules up in each town or city as needed, which is governed by a sheriff of their
choosing. Despite the lack of regulation, the citizens tend to be quite self sufficient, living off
the land and sea. They do not believe in taxation of any sort. Living here can be quite dangerous
due to gangs and the ruthless individuals who roam the countryside. Due to the lack of laws,
there are many vices, such as gambling, prostitution and drugs. Many tourists enjoy coming to
visit to partake in the party lifestyle offered by Anarchy, which contributes greatly to its
economy.
State of Boring (B):
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The State of Boring is ruled by a King, who controls all lands on his island nation. It too is a part
of the United Nations and maintains member state recognition. The ruler comes from a familial
dynasty that has ruled for hundreds of years and will someday be passed to his son, the
prince. The country is an industrial nation that creates goods which are exported to many other
nations. It also has a rich farming history. Due to its tight regulations, the people of this nation
value environmental conservation, organic foods, well made luxury items, and a much quieter
life than its neighbors in the State of Anarchy. In fact, obtaining a visa to visit Boring is quite
difficult; it has highly monitored borders. This prevents many outsiders from entering the lands,
and in some cases, has separated families with those who have left the island for many
years. Lastly, the taxes required to be paid to the monarchy here are quite high and can be at
times oppressive to those in the working class.
State of Cabal (C):
The state of Cabal consists of residents of Anarchy and Boring who braved the dangerous ocean
waters in their boats to travel to a new island that was vacant. Having resisted the overbearing
rule of the State of Boring and fearing for their lives on the State of Anarchy, these residents
sought refuge in a new land where they could create a country of their own. This land is one of
peace and harmony that is governed by a centralized government chosen by the people. They are
interested in pursuing trade with other countries to import and export their goods, as well as
beginning an industrial revolution in manufacturing. It is a capitalist society. The taxes go to
fund social programs to benefit the residents. The country has submitted for statehood to
become a member of the United Nations; however, Anarchy and Boring refuse to recognize it as
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one as they see it only as composed of traitors who left their respective countries. This tends to
be one of the few things that Anarchy and Boring have ever agreed upon throughout history.
Participation:
Please note that the activities in this class will require you to actively participate with your
classmates and instructor each week. You are encouraged to participate as early as possible in
the discussions each week, so that you have plenty of time to complete your weekly assignments
in the Assignments tab. However, the standards have been built so that even if nobody else
participates, you can still succeed. Because you will be graded in this way, there is no reason to
fear any possibility that your grade will be negatively affected if your classmates or a partner
does not fully participate. If that should ever happen, such a failure will affect only those who do
not carry out their collaborative duties; it will not affect those who do fully participate. If you
have DSA extension paperwork, please be sure to provide this to your instructor as soon as
possible in Week 1. Don’t hesitate to communicate actively and often with your instructor, as
well as your partner on assignments. Your instructor can step into the role of a partner or
classmate as needed throughout the class to help you complete discussions and
assignments. They can also assist you if you need additional time to complete an
assignment. Your instructor’s email address is found on the ‘Course Home’ tab of the class above
by scrolling down and looking to the right-hand side of the page under their photograph. Most
importantly, have fun!
Week One Introduction:
This week, we will be examining and discussing what international law, where it comes from,
and sources of international law. As you learn about these topics each week, consider how they
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apply to your island state, their importance in the world today, as well as how these issues are
changing daily around the world depending on your perspective.
In addition to our Welcome Discussion, you will complete the Week 1 Discussion in which there
are two parts. Part 1: We will be discussing whether international law truly is law, as well as
where it comes from. Part 2: You will need to find the others in the class to discuss your
assigned country. There will be questions posed to your country that you should decide upon as
a group. You may discuss these directly in your assigned discussion forum, via instant message,
email or by phone. However, don’t forget to post your answers to share with the class in the
discussion forum.
After you complete these tasks in the discussion, you should then complete the Week 1
Assignment in the Assignments tab under Course Tools, as well. Don’t forget, if you are the only
one assigned to a particular group, you may consult with your professor. However, for the Week
1 Discussion, if you are alone, you are free to make all of the selections independently and do not
need your professor’s input or approval.
What is International Law?
Quite simply, international law is the study of the laws that govern the world. It involves the
legal analysis of basic fundamentals of the source of law that are applicable to many nations,
individuals, organizations and businesses. International law is incredibly vast in that it contains
many topics, such as travel, commerce, war, fundamental rights, environment, species, human
kind, maritime, agreements, politics, communications, etc.
As a student of law, you have the ability to further advance your studies in many specific areas of
international law. In this course, we will be examining the fundamentals of international law,
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such as statehood and subjects, use of force and war, international human rights and international
humanitarian law, world courts, law of the seas, and international environmental law.
Many scholars have long debated whether international law is law at all. When analyzing
national law, such as in the United States, it is much easier to examine the history, context
creation, enforcement and adjudication of law. We have rigid societal norms that carry out the
creation and application of laws. For example, governmental leaders create laws which have the
intent to protect the people which are limited to certain geographic boundaries in which they
maintain jurisdiction. Individuals in that jurisdiction are also in charge of enforcing those laws
and, should they be breached, there are set mechanisms for enforcement and adjudication. Real
consequences exist in society for a breach of law, which in turn are enforced by someone or
something in society.
Unlike national laws, there is not one individual/organism/organization that is in charge of the
entire planet that creates laws, enforces them and adjudicates them. While many have argued
that the UN functions in many ways as the controlling authority for international law in the
world, it is not alone and it only governs those nations that are members. We will examine this
further in the upcoming weeks.
Therefore, international laws are much different in that they come from a multitude of sources,
are enforced in many different ways and the adjudication mechanisms or consequences of their
‘breach’ are much more difficult to enact. In some ways, international law (or the study of it) is
much more philosophical in nature. International law requires commitment by nation states and
individuals in their creation, application, enactment, enforcement and adjudication.
Sources of International Law:
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The most common sources of international law include treaties, soft law, customary international
law, international declarations, international court rulings and statements, as well as joint
statements made by various foreign countries. “The sources of international law can be defined
as the processes by which legal norms are created, modified and annulled. Customary
International law, as one of the two sources of unwritten international law, is based on two
elements: (i) a general state practice, and (ii) the state’s conviction that this practice is legally
binding.”[1]
“The traditional theory of sources recognizes three sources of international law, as enshrined in
Article 38 of the Statute of the International Court of Justice (ICJ): treaties, custom and general
principles.”[2]
[1]
Ezequiel Heffes, Book Review Essay: Some Reflections On The Theory Of Sources Of
International Law: Re-Examining Customary International Law, 51 Isr. L. Rev. 485, (2018),
available at https://advance-lexis-com.ezproxy2.apus.edu/api/document?collection=analyticalmaterials&id=urn:contentItem:5VP3-XNY0-00KD-H1GX-00000-00&context=1516831.
[2]
Id.
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International Conventions or Treaties:
Treaties are simply agreements between countries. Most often, they are written contracts, which
are ratified by a country’s government and signed into effect. They are supposed to binding
agreements on the actions, enforcement and consequences which may occur based on the subject
of the international agreement. They can be extremely complex or very simple. They may
involve only two countries, or many more. In some cases, international agreements may directly
involve international organizations, as well as individuals (leaders of countries) and businesses.
It is important to note that international agreements may also be soft law. This means that they
are not legally binding. Many international agreements, principles and declarations may be soft
law, such as United Nations General Assembly Resolutions. Whereas hard law is defined as
international agreements which are legally binding in nature and discussed further below.
“International conventions, commonly referred to as treaties, are legally binding instruments
given various names (charter, protocol, pact, among others) and govern the rights, duties, and
obligations of participating states. The Vienna Convention on The Law of Treaties (the
authoritative source) defines a treaty as an international agreement between States in written
form and governed by international law, whether embodied in a single instrument or in two or
more related instruments. Articles 31 and 32 of the Convention are important provisions that
supply the rules for the interpretation of treaties. Although the United States is not a party to the
Vienna Convention, it consistently acts as though the Convention is binding international law.
A treaty can come into force once a certain number of nations ratify the treaty, as specified in the
treaty, or upon signature by the parties. However, a treaty cannot bind a nonparty or nonparticipating state. In addition, specific provisions in most treaties will identify when it becomes
legally binding, how compliance will be monitored and measured, how other nations may accede
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to the treaty, how and whether the treaty may be amended or modified, and how and when the
treaty will terminate. Treaties are only binding upon states that choose to ratify the treaty.
Generally speaking, states may not invoke a conflicting domestic law to avoid an obligation
under an international agreement. Bilateral treaties between two states are deposited with one of
the parties to the treaty, while multilateral treaties between three or more states are registered
with the United Nations and made available to the public.” Georgetown University Writing
Center, A Guide to the Basics of International Law (2019), https://www.law.georgetown.edu/wpcontent/uploads/2019/08/A-Guide-to-the-Basics-of-Intl-Law.pdf.
General Principles of Law:
“General principles of law constitute common themes familiar to most of the global legal
systems. These rules are essentially domestic laws found in nearly all legal systems (such as civil
law, common law, or Islamic law), that have entered into international law because they are
manifest in most states around the world. Below are some accepted principles that animate many
areas of international law:
• Pacta sunt servanda (“agreements must be kept”) (ex: treaty enforcement),
• Lex specialist derogate generalis (“the specific prevails over the general”) (ex: conflict of
laws); and
• Sic utere tuo ut alienum non laedas (“use your own so as not to injure another”) (ex:
international environmental law).” Georgetown University Writing Center, A Guide to the Basics
of International Law (2019), https://www.law.georgetown.edu/wp-content/uploads/2019/08/AGuide-to-the-Basics-of-Intl-Law.pdf.
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International Judicial Decisions:
While we will discuss this in much further detail in Week 6, world courts exist and function
similarly to national courts. However, international judicial decisions are much more difficult to
enforce and require countries’ and/or individuals’ acquiescence to be bound by the court and/or
an international agreement providing for such a dispute resolution mechanism. Even then,
enforcement of a judicial decision may be extremely difficult.
“States have an affirmative obligation to resolve disputes through peaceful means. There are both
non-adjudicatory procedures (not legally binding) and adjudicatory procedures (legally
binding). Non-adjudicatory procedures (in order of formality) are: negotiation, mediation, and
conciliation. Arbitration and judicial settlement are formal adjudicatory procedures based on
law. International arbitration may occur between various parties: a state and an international
organization; a state and a non-state actor; and a foreign investor and a state. There are more
than 125 international judicial settlement bodies and approximately 80 are active and functioning
as judicial bodies. Some courts are regional and others operate based on specialized subject
matter.” Georgetown University Writing Center, A Guide to the Basics of International
Law (2019), https://www.law.georgetown.edu/wp-content/uploads/2019/08/A-Guide-to-theBasics-of-Intl-Law.pdf.
Customary International Law:
What is Customary International law? Article 38(1) of the ICJ Statute identifies its second
formal form of international law as “international custom, as evidence of a general practice
accepted as law.” Therefore, it is something that states do or don’t do for long periods of time,
thereby becoming custom and obligatory in a sense around the world. “As a source of
international law, customary international law (CIL)…it is determined on the basis of ‘state
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practice’ (usus or diuturnitas) and the corresponding views of states (opinio juris or opinio
necessitatis).” Ezequiel Heffes, Book Review Essay: Some Reflections On The Theory Of
Sources Of International Law: Re-Examining Customary International Law, 51 Isr. L. Rev. 485,
(2018).
Please complete the following CALI Lesson regarding customary international law at this
link. As a reminder, the log-in information is on the ‘CALI Use and Access’ slide above this one
in the Week 1 Content tab.
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Welcome to Week 2.
Statehood
Statehood Under International Law:
This week, we will examine the elements required for statehood under International Law. The
recognition of a state under International Law is a declaration of intent by one state to
acknowledge another power as a “state” within the meaning of International Law. Subjects of
International Law include states, individuals and international organizations. Other lesser
subjects also include multinational corporations, non-governmental organizations, and non-State
actors, such as national liberation movements.
What is a State?
Per the Montevideo Convention, the criteria for statehood are:
•
Possess a defined territory
•
Inhabited by permanent population
•
Controlled by an independent government
•
Capacity to engage in formal relations with other states
What about recognition? The Declaratory Theory of recognition states that once the above
conditions are met, an entity becomes a state regardless of what other states do or say. Thomas
Buergenthal and Sean D. Murphy, Public International Law In a Nutshell 42 (5th ed.
2013). While the Constitutive Theory of recognition states that only when other states decide the
above conditions are met and acknowledges the legal capacity of the entity, does it in fact
become a state. Id. As you analyze this concept, consider which theory you agree with more this
week. Is recognition a necessary component to be assessed when determining statehood? Is it
time to redefine statehood or the definition created by the Montevideo Convention adequate?
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Montevideo Convention:
The Montevideo Con
