International Law and the United Nations

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[...] - The resolutions of the UN SC - Advisory opinions of the courts and arbitral tribunals III) Monism and Dualism: Relations between International Law and Domestic Law The position of French law (constitution) on the hierarchy of norms: - Article The President of the Republic is the guarantor of national independence, territorial integrity, and respect for treaties - Article 11: The PR can hold a referendum on the ratification of a treaty that would have an impact on the functioning of institutions, without being contrary to the Constitution. - Article 54: If international engagement contrary to the must modify the C then ratify the engagement. - Article 55: Treaties or agreements ratified have superior authority to that of laws, subject to their application by the other party. [...]

[...] Chapter Mechanism for the Protection of the Human Person the United Nations instruments for protecting the human person - article 55 of the charter: principle of equality of rights of peoples, right of peoples to self-determination, universal and effective respect for human rights and fundamental freedoms for all (without distinction of race, sex, language or religion) - DUDH 1948 - International Covenant on Civil and Political Rights 1966: full of things but mainly prohibition of capital punishment - International Covenant on Economic, Social and Cultural Rights 1966 > mechanism for handling complaints (if exhaustion of internal remedies) II) Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) - 1950, entered into force in 1953 - Under the auspices of the Council of Europe 1949 - 16 additional or amending protocols up to 2013 III) American Convention on Human Rights - signed 1969, EEC 1978 - Under the auspices of the Organization of American States 1948 - Comprises: - the Inter-American Commission on Human Rights (in Washington): 7 members (complaint of individuals / NGOs regarding a violation of a right protected by the convention by a State party = amicable settlement - Inter-American Court of Human Rights (San José, Costa Rica): 7 judges seized by the State parties for recognition of violation of rights protected by the convention and reparations required (no appeal possible) IV) African Charter on Human and Peoples' Rights - signed 1981, OAU 1986 - Under the auspices of the Organisation of African Unity (1963-2002) - Comprises: - African Commission on Human and Peoples' Rights (Banjul, Gambia): 11 commissioners seized for complaint by a state, an individual or an NGO if violation of the Charter by a state party = resolution of conflicts through amicable settlement, recommendations. Possibility of interpretation of the charter at the request of states / NGOs. [...]

[...] - Enquiry of the UN in all situations - Recommendations of the UN on procedures, etc. - Disputes submitted to the International Court of Justice - Chapter 6 bis: 'provides' for OMP (not explicitly in the charter) Principle: - consent of the parties - Impartiality - Non-use of force (except in case of legitimate defence or when the mandate makes it indispensable) Types of OMP: - conflict prevention and mediation: diplomatic measures to prevent tensions from escalating into violent conflict - Establishment of peace: measures to extinguish an ongoing conflict - Consolidation of peace: measures to reduce the risk of conflict resumption by strengthening national capacities for conflict management and laying the foundations for sustainable peace Steps for implementing a Peace Mediation Process: - initial consultation - Technical Evaluation Mission - CS Resolution - Budget submitted to the AG - Nomination of the mission head by the SG - Planning by the mission head, the OMP department and the Mission Support Department (DAM) - Deployment - Chapter Actions in case of threat to peace, breach of peace or act of aggression - the CSNU notes the problem - It invites the parties to comply with the provisional measures it deems necessary - The CSNU decides on measures not involving armed force: plays on economic relations and communications, rupture of diplomatic relations, etc. [...]

[...] - Shelf disclosing: fixation of baseline if within limit of 12 miles. - Artificial islands: do not have the status of an island so do not confer an EEZ The question of the passage of ships: The freedoms depend on the spaces: - in inland waters: depends on the state's regulation - Territorial waters: free and harmless passage - Contiguous Zone & EEZ: free passage - High seas: free passage For international straits: the principle is the harmless free passage. [...]

[...] Public International Law DIP Sheet I. Chapter States, Borders, Sovereignty the borders terrestrial French doctrine: use natural borders > complicates things when they are water courses: what about meanders and variable beds? Inland water bodies: median line Types of borders: water divide, water course, astronomical line (meridians and terrestrial parallels), geometric line, ceasefire line . Legacy of the colonial period: Sykes-Picot agreements (1916) that carve up the borders of the Middle East. There are enclaves and areas of special status. [...]