International Law Outline

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Cox v. Canada – UN HRC – 1994 (452) – unconscionable to let state violate covenant on territory of another state that it couldn’t do in its own state

  • Compare to ECHR – Bankovic and Others v. Belgium – 2001 (453) – ECHR applies extraterritorially only in exceptional circumstances, doesn’t apply to claim that NATO members violated right to life in bombing FRY radio station during Kosovo conflict. (didn’t have control over area)

    1. Argument that this is too narrow – NATO does have jx over aircraft/decision to bomb

    2. Al Skeini v. Sec. of State for Defence – British Court – 2003 (453)Bankovic exceptional circumstances did not apply – took place in Iraw, outside area of “effective control.” But British military prison operating in Iraq falls within the exception.

  • Article 4 – DEROGATION

    1. In times of (officially proclaimed emergency), can derogate from some obligations

      1. Not all obligations (certain rights are non-derogable)

        1. Right to life, ban on torture, slavery, etc.

      2. Only to extent strictly required

      3. Can’t be inconsistent with other int’l law obligations

      4. Can’t involve discrimination

  • Includes implementation mechanisms (unlike UDHR)

  • Other treaties

    1. Treaty against torture?

      1. 1974 - GA issues soft declaration

      2. NGOs start calling for binding convention, and governments initially resented.

        1. UNESCO convention in mid-70s to address issue of torture, governments upset by implication, UNESCO cancelled.

      3. 1983 – drafting blocked. Countries unhappy with idea of universal jurisdiction.

        1. US reservations at the time were about barbarous latin American countries (not the reservations it has today)

        2. Argentina – Alphonsine elected, publicly and loudly proclaimed that it was an embarrassment that this treaty was being blocked. SHAME for key countries.

      4. Directory: sites -> default -> files -> upload documents
        upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
        upload documents -> Federalism – The Structure of Government
        upload documents -> General Info About Property law
        upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
        upload documents -> Property with Professor Vicki Been
        upload documents -> Property Outline – Professor Upham, Spring 2000
        upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
        upload documents -> Complex federal investigations
        upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
        upload documents -> Pricing v. Sanctions

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