International Law Outline

Parties invoked legal arguments to assert title

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Parties invoked legal arguments to assert title

  • Agreed to allow judicial body to resolve dispute solely by recourse to legal rules

  • Traditional international legal disagreement

    1. Actors – states

    2. Disputed resource – territory

    3. Legal instruments at issue – treaties

    4. Formal arguments – traditional ideas dating back centuries

  • Case Concerning the Territorial Dispute (Libya/Chad) – ICJ – 1994 (12-15).

    1. Focus on TREATY. Very formalistic, traditional view. Ignores situation on the ground, history of colonialism, etc.

    2. Terrified of consequences of overruling these colonial treaties. Would lead to massive border disputes.

  • Why would they agree to take to ICJ?

    1. Allows Libya (authoritarian regime) some way to get out of responsibility?

  • Compare Sudan (North and South)

    1. Territorial dispute between state (Gov’t of Sudan) and Sudanese People’s Liberation Movement (SPLM) – in South.

    2. NON-STATE officer – can’t go to ICJ.

    3. Classic outcome. N got access to oil fields (which it deemed necessary), S got more territory (but it emphasized tribal lands of Dinka and ability to move across the area that are important to ITS self identity).

      1. Rather than application of traditional rules

      2. EQUITABLE/POLITICAL allocation

  • Rainbow Warrior affair

    1. French decide to destroy Greenpeace’s vessel while docked in New Zealand. New Zealand wants to seek damages. French retaliate by restricting NZ exports.

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