Public International Law The Nature of Public International Law

Transcription

1 The Nature of International Law Part 1: What is IHL? Part 2: The Historical Development of IHL Part 2B: The Creation of the UN Part 3: The Structure of the International System Public International Law The Nature of Public International Law The Sources of International Law Part 1: The Statute of the ICJ Part 2: Treaties Part 3: Customary International Law Part 4: Opinio Juris Part 5: General Principals of International Law Part 6: Judicial Decisions Part 7: Teaching of Publicists & International Organisations State Responsibility PART 1: 1. Definition 2. Has there been a breach of IL? 3. Can the Breach be attributed to the State? 4. Are there any circumstances precluding wrongfulness? 5. Legal Consequences PART 2. Treatment of Foreign Nationals 1. Preconditions to Protection a. Is the Person a National of the State? i. Individuals ii. Corporations b. Have the exhausted all available remedies? 2. What standard of Treatment is Required? a. National treatment vs international min standard 3. Have any duties been breached? a. Duty not to harm b. Mistreatment in lawful Custody c. Not to arbitrarily expel aliens from territory d. Duty to provide due process e. Duty to Protect Against Private Violence 4. Has there been an expropriation of Foreign Propery? a. Is the Expropriation Lawful? b. Is compensation Adequate? 5. Have all local remedies been exhausted? State Jurisdiction and Immunity 1. Introduction 2. Cases of State Jurisdiction a. Territorial i. Subjective ii. Objective b. Nationality Principal Page 1 of 119

2 c. Passive Personality Principal d. Protective Principal e. Universal Jurisdiction 3. Immunities a. Sovereign Immunity b. Diplomatic and Consular Immunity c. International Organisations The Law of Treaties 1. Is the Agreement Capable of Constituting a Treaty a. Must be in written form b. Must be concluded between states? c. Parties must intend to create binding legal relations i. Is it capable of constituting a binding agreement? ii. Is it intended to be governed by IL? 2. Formation Issues a. Did the person who concluded the treaty have authorisation? b. Has the state envisaged consent to be bound: did they sign? c. Has treaty been ratified: have a min no of states signed? 3. Effect of the Treaty Entry into Force pacta sunt servanda a. Non-retrospective b. Territorial application c. Successive treaties d. Effects on 3 rd parties e. Effect of national laws 4. Reservation a. Reservations are lawful: Reservations to Genocide Conventions Case b. However unlawful if incompatible with the object & purpose of treaty: A19 c. Did the State object to the reservation? i. If not, it reservation applies as between states ii. If object 1. Can oppose entry into force of treaty 2. Can allow treaty into force but apply without provision to which reservation relates 5. Ambiguity of A Treaty a. May look to the supplementary means of interpretation 6. Are There any Arguments to Argue that the Treaty was Invalid according to VCLT? a. Constitutional ultra vires or inconsistency with national laws b. Ultra vires by rep c. Error d. Fraud e. Corruption f. Coercion g. New peremptory norm 7. Termination or Suspension a. By agreement b. By conclusion of an incompatible later treaty c. Material breach d. Supervening impossibility of performance e. Fundamental change in circumstances Page 2 of 119

3 PART 1: What is IHL? We are not just citizens of Australia but citizens of the world. What is international law? International law: the law that regulates law between sovereign states & international institutions. - (doesn t include private international law/ conflict of laws for our purposes) Traditional definition: Collections of rules which govern the legal relations between sovereign states - Doesn t mean didn t care about natural persons; they just weren t seen subject to international law, they couldn t bring their own claim because the govt needed to do it on their own behalf. - However, there are more contemporary definitions: VARIOUS DEFINITIONS OF PUBLIC INTERNATIONAL LAW International law has been defined as those rules for international conduct which have met general acceptance among the community of nations. It reflects and records those accommodations which, over centuries, states have found it in their interest to make. It rests upon the common consent of civilised communities. - IL is based primarily on consent. (as opposed to national law which is made by judges/govt without our consent) International law may be defined as that body of law which is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe, and therefore, do commonly observe in their relations with each other, and which includes also: a) the rules of law relating to the functioning of international institutions or organisations, their relations with each other, and their relations with states and individuals; and b) certain rules of law relating to individuals and non-state entities so far as the rights or duties of such individuals and non-state entities are the concern of the international community. - IL has been about regulating the relations between institutions. Since League of Nations & International Labour Organisation both est 1919, and creation of UN 1945, World Health Org, International Civil Aviation Org, Food & Agr Org etc all recognised as having right and obligations, all regulated by international law. Can also seek arbitration, appear b4 arbitration tribunal in any claim it may have against a govt (locus standi). Corporations to a certain extent are also becoming accountable under international law. Non state entities (eg International Committee of the Red Cross, Palestinian Liberation Org, African National Congress) may also be liable under international law. International law is the standard of conduct of states and other entitles subject thereto in their reciprocal relations at a particular time. - This implies that IL isn t a static system; it is dynamic and fluid & is constantly evolving. Current Definition IL can now be defined as a body of rules and principles which regulates relations (i) among States and public international organisations inter se; (ii) between States and individuals in the field of international human rights; and (iii) between the international community and individuals who have committed international crimes. - Indicates that international law now regulates legal relations between sovereign states & legal persons. Since UN established, an international human rights has emerged. In 1948 UN adopted universal dec of human rights then adopted the twin covenant : the international covenant on civil and political Page 4 of 119

4 Part 2: The Historical development of IL Classical Period of IHL In the age of Antiquity we had various civilisations who conceded that relations between the various countries was governed by a system of law, known commonly as the Law of Nations. The concept of common law of all mankind was developing. The idea was that despite what state/empire you belonged to, there were various conceptual roots that underpinned all of them. Agreements between arties were expected to be observed such as treaties and govt private commercial contracts. Renaissance Period! Antiquity: respect for diplomatic envoys, treaty relations and the principle of pacta sunt servanda! Pacta Sunt Servanda: agreements must be respected & implemented in good faith. Fundamental principal of international law. o Eg prohibition on the destroying temples; respected in ancient times. Can t shoot the messenger- have to respect the envoy sent by the other side. o England, France, Spain & Sweden (maritime powers who sought to control the sea). Recognised the principal of the freedom of the high seas. Respect rights of others to use the sea. 3 mile territorial sea concept. Could sail through provided there for legitimate purposes.! Emergence of modern system of IL attributable to emergence of certain usages & practices:! Res Judicata: issue of law which has already been finalised can t be re-litigated.! Eurocentric origins of the modern international law system During this time various powerful states were emerging and increasingly becoming autonomous and refusing to accept the political authority of papacy (law from God). Began to strengthen the idea that law is created by the state not God. During this period the idea was that law developed from human reason & the will of nations. These concepts were increasing and by the time of Hugo writings they were dominant. Hugo s famous writings on IL covered almost exclusively the area of War. War was the main preoccupation of the time. This is throughout all history: IL reflects preoccupations of states at the time.! Hugo Grotius De Jure Belli ac Pacis (On the Law of War and Peace) (1625) o Hugo Grotus lived btwn Legal Scholar, jurist & diplomat. His greatest contribution to IL was his writing on the Law of War and Peace. Wrote mainly on the regulation of warfare; when is it just & lawful to engage in law: known as jus ad bellum. He also queried what amount of force are you allowed to use: jus in bello (justice in war) Modern Period of IL At the end of 30yrs war there was the treaty of Westphalia, were states came to an agreement that peace would be observed. There were very important issues that arose from this treat (i) acceptance of this new international order which recognised the plurality of all states (such as they were not subject to any superior authority) & even smaller states could participate in this world order Page 6 of 119

5 (ii) the recognition that there were other forms of IL and that other states were included in the international order despite the dominant Europe powers.! Peace Treaties of Westphalia (1648) i. Effectively concluded the 30 yrs of war in Europe which was the bloodiest war in Europe to that date. Was mainly due to religious intolerance. Peace treaties sought to protect and recognise smaller European states. Recognised the principal of religious tolerance for minorities. Also established diplomatic machinery for the settlement of disputes. Early preoccupation with the laws of war and the law of the sea By the time of the 19 th century the ILO began drawing away from this tolerance, the industrial strength of Europe grew & emerged differentiation between other legal systems and states. The Supremacy of Europe version of IL emerges. The Final Act of the Vienna Congress in 1815 (following Napoleonic wars) revisited the treaties of Westphalia and a new IL was set up. States were not to be determined by the monarchy: the idea of selfdetermination emerged. There was growing nationalism & the idea of states as being defined in particular territories. The European powers were coming together to address various issues, collective securities, freedom of international navigation, diplomatic immunities and outlawing slave trade.! Final Act of the Congress of Vienna (1815) o Forerunner of the League of Nations and UN. Codified certain rules protecting diplomats. Slave trade formally condemned. Principal of navigation on international rivers: states who bordered rivers had right to use rivers for peaceful purposes.! Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field (1864) o First multilateral treaty to be concluded between states (more than 2 sovereign states). Sought to give legal protection to wounded combatants in international armed conflict.! Hague Peace Conferences of 1899 and 1907 and the Permanent Court of Arbitration o Hague is the capital of the Netherlands. European states which attended the conference to accord additional protections to civilians caught up in international armed conflicts. Also created the permanent court of arbitration to provide a forum for states to settle differences without going to war. Although didn t really work, it was significant and symbolic in recognising need to settle disputes without going to war. During the 19 th Century There were significant technological developments and the growth of positivism (Bentham coined the term IL ) The phenomenon of globalisation and increasing international co-operation and interdependence in technical field. Coinciding with these developments was the emergence of new and powerful states in and outside the European states. Period of colonialism. Influence of new inventions (IL had to adapt). Greater destructiveness of warfare Brussels publication on customs & tariff. Postal service previously developed. States starting to rely on each other. Increasingly willingness for states to submit disputes to arbitration for peaceful settlements. Until 20 th century, IL & relations was regulated on a bilateral basis: between diplomatic representatives of 2 states. Would enter into treaty relations with each other. Starting 20 th century, had move towards multilateralism. Attributable to the era of globalisation. World became a much smaller place. States could no longer rely on the slow development of IL through revolution of customary rules: Advent of multilateral treaty making. Page 7 of 119

6 Now have numerous multilateral law making treaties. Geneva Convetions have been virtually ratified by every nation in the world: Advantage of developing IL by treaty is 1. states can make instant IL by creating treaties with each other 2. Customary rules tend to be rather imprecise/open ended WW1 Post WW1 WW Prior to WW1 were 2 remedies available to a state who were victim of breach of IL 1. Diplomatic relations/try to sort things out 2. Go to war/ declare war on the offending state or engage in some form of armed reprisal WW1 lead to soul searching.! Versailles Peace Conference (1919) and the creation of the League of Nations o League of Nations was est with intention of averting another world war. Covenant of the LoN didn t prohibit resort to war as a remedy against a breach of IL: league member states still reserved that right. Had a primary obligation to settle their disputes peacefully. Erosion of the customary law right to go to war. Cooling off period for diplomatic relations to be more likely to succeed. o League is often seen as a dismal failure! General Treaty for the Renunciation of War (1928) ( Kellogg-Briand Pact / Pact of Paris ) o Ambitious document. Attempted (unsuccessfully) to impose an absolute ban on member states going to war with each other. If you signed this treaty, you could not resort to war or threaten war as an instrument of national policy. Aim was to insist on the peaceful settlement of international disputes. Actually failed to provide any enforcement machinery; is a general weakness of IL. Widely ratified and ironically Japan and Germany were two of the state parties. Treaty still in force today.! Permanent Court of International Justice ( ) o In context of League of Nations. PCIJ was created. It was the forerunner of the current International Court of Justice. Held its seat in the Hague in the Netherlands. Set up as the principal judicial organ of the League of Nations. Successful as the worlds first standing transnational judicial organ. It ceased to operate in Delivered 32 judgment in contentious cases (cases with 2 or more states that had a dispute with each other). Also delivered 27 advisory opinions (where an organ of the LoN wanted clarification on a certain legal issue- although findings not binding). o Helped in development in IL such as reparations, linguistic rights of minority groups. Post WW2 Despite efforts made WW2 happened: post-ww2 structure still exists. The creation of the UN in 1945 and the UN Charter. Page 8 of 119

7 Part 2B: The Creation of the UN Post WWII Creation of the United Nations (1945) and tighter regulation of the use of force by the United Nations Charter Set up in 1945 in aftermath of WW2. Recognised that the League of Nations had been a failure. Attempted to build a new world order. Covenant of LoN replaced by a more comprehensive ban on the use of force. Article 2(4) prohibits states from resorting to force or threatening the use of force in the relations with each other. Two exceptions to use of force 1. Article 51: Resort to self-defence in the face of an armed attack (derived from customary law) 2. If UNSC itself permits use of force: member states have no choice but to obey (1954 Korea) So right to resort to war was significantly curtailed for member states (which was a customary IL right). Because so many states have become a UN party, the customary law right to resort to war has lapsed- now customary on those who haven t signed up to the UN Charter. Charter of the UN Article 1 The Purpose of the UN are: 1. To maintain international peace & security, & to that end: to take effective collective measures for the prevention & removal of threats to the peace, & for the suppression of acts of aggression or other breaches of the peace, & to bring about by peaceful means, & in conformity with the principles of justice and IL, adjustment or settlement of international disputes or situations which might lead to a breach of the peace 2. To develop friendly relations among nations based on respect for the principle of equal rights & self-determination of peoples, and to take other appropriate measures to strengthen universal peace. 3. To achieve international cooperation in solving international problems of an eco, social, cultural or humanitarian character, and in promoting & encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion; and 4. To be a centre for harmonizing the actions of nations in the attainment of these common ends. Purposes of the UN: Article 1 - One of primary purposes is the maintenance of international peace and security (UNSC) - Peaceful settlement of international disputes - Promotion of human rights - International cooperation (economic, social & cultural rights; also humanitarian) Preamble: We the People of the UN determined It mentions people as opposed to states. It also exists in the shadow of the holocaust. The UN is one international org which is almost universal in its membership (189 States) & whose purpose extend to regulating most matters of international concern. Structure of the UN Chapter III: Six Principal Organs 1. Security Council 2. General Assembly Page 9 of 119

8 3. Secretariat (headed by the secretary general) 4. International Court of Justice 5. Economic & Social Council 6. Trusteeship Council (has suspended its operations. Active in first 30yrs as world decolonised. General Assembly (Chapter IV, Arts 9-22) Is the only principal org of UN which is a plenary body; every member state of UN is a member of the general assembly. Each state gets one vote, there is equality regardless of the size of the state. The GA considers all matters within the scope of the Charter, including the powers & functions of any other organ in the Charter. GA has the broadest mandate of any organ of the UN. Can discuss any issue within the Charters mandate. However, it can t make any legally binding decisions (unlike UNSC). Any resolutions they make are merely recommendations to member states: ie they are not binding. Under Article 11 GA can also refer matters to the SC, when considering matters of peace & security, the GA can t make recommendations to the SC UNLESS asked to do so by the SC. Security Council (Chapter V, Arts 23-32) Consists of 15 members, 5 of which are permanent: China, USA, Russia, UK & France. Each permanent member has a veto. The other 10 members r elected by the General Assembly for 2 year terms that are supposed to reflect equitable geographical distribution. GA assembly elects the non-permanent members of UNSC. SC is vested with primary responsibility of the maintenance of international peace and security. Its resolutions are legally binding. UN member states have a legal obligation to implement SC resolutions (although this doesn t always happen- which affect the UN). Biggest issue affecting UN is membership and the right of veto. There is some move to increase the size of the SC and to add 5 more (Germany, Japan, Indonesia, India & Brazil) and permanent members. Permanent members have not exercised their veto powers responsibly exercised it in accordance with strategic alliance and their country as opposed to best interest of UN and the world. For this reason, UN hasn t performed to the fullness of its potential. Was evidence in Cold War. Secretariat Staff drawn from all member states. Secretary General appointed by the General Assembly but on the SC recommendation. Who is going to be next secretary general is often a bone of contention. Often involved in mediation of international disputes. Economic and Social Council (ECOSOC) (Chapter X, Arts 61-72) 54 members elected for 3 year terms. Make and initiate studies & reports and call international conferences. Important in terms of drafting conventions, particularly in relation to human right covenants. Responsible in the 1960 s for drafting the twin human rights covenants of Mandate is quite comprehensive, including economic, social and cultural matters, as well as educational and health issues. So it is a normative body that creates norms and standards for the UN member states. International Court of Justice (Chapter XIV, Arts 92-96) Principal judicial organisation. Successor to the Permanent Court of International Justice. Set up in Has its own statute. Statute is annexed to the UN charter. So when a party becomes member of UN it automatically becomes a party to ICJ statute. The court itself consists of 15 judges who r elected by the General Assembly for renewable terms of 9 years. Number of academic lawyers on its bench. However, ICJC doesn t have compulsory jur over international disputes: only has jur if UN member states (wither ad hoc or perm) declare that they recognise the ICJ does have compulsory jurisdiction). Delivers judgments in 2 types of proceedings (1) Contentious proceedings: were 2 or more states come to the court with their international legal dispute (such as land boundary etc) Page 10 of 119

9 Part 3: The Structure of the International Legal System The single most striking feature of the international legal system is its decentralised and consensual character (no world government exercising international legislative and executive functions) - States r still reluctant to submit their disputes to ICJ IL has no legislature, no system of courts, no unified system of sanctions. If states do not feel obliged to act in accordance with international rules, then there doesn t exist any system of IL. In IL, it is the states that create the law & obey or disobey it. IL is primarily formed by international agreements, which create rules binding upon the signatories, and customary rules, which are basically state practises recognised by the community at large as laying down patters of conduct which has to be complied with. States accept or consent to the general system of IL, for in reality without that no such system could possibly operate. IL aims for harmony and the regulation of disputes bilateral relations (as the traditional and most popular method of inter-state relations) the sovereign State as the basic unit of the international legal system the 20 th century emergence of regional and international institutions the mandate of the United Nations (Charter Article 1) the functions and competence of the United Nations General Assembly, Security Council and Economic and Social Council the International Court of Justice (the principal judicial organ of the United Nations but which lacks compulsory jurisdiction in contentious cases) United Nations subsidiary organs and specialised agencies The Nature and Enforcement of International Law The concept of natural law has a long tradition that dates back to the days of ancient Greeks and the theories of Aristotle. (based on objective moral principals). Positivist school believes rules of IL depend on the fact that states have already consented to them through treaties or custom. Derives its legitimacy from state consent. Il depends on the creative will of the states for their establishment & their continued validity. Neither school can adequately explain the foundations of IL, but they do held to provide a better insight into aspects of IL & the operation of the international legal system. Is Il true law? Legal norms (rules, principals and doctrines of law) are the primary and most essential of all legal institutions. They r created for the purpose of furnishing universally (almost) accepted techniques for achieving authorative solutions to disputes concerning problems of social coordination where unanimous agreement would otherwise be impracticable, and for providing sanctions in the event of their violation. Some critics question the existence of IL as a real system of IL: say it s a code of ethics. Realist school of IL thesis is that national self interest and power politics play a significant role in international affairs. Then assert that states observe IL only when it is in their interests to do so. When flagrant breaches of IL takes place they receive a lot of media attention. Ie in 1990 Iraq govt invaded Kuwait which was a flagriant breach of Article 2(2) UN Charter which prohibits use of force (with some exceptions). Media attention can give the perception that IL has broken down: gives it an air of cynicism. Another problem with IL is that some of its rules are open-ended and imprecise: customary IL. Certain rules r imprecise. Some states interpret these rules according to national self-interest. Page 12 of 119

10 However, states are increasingly submitting their international disputes to international courts & international tribunals. They accept a judicial method of settlement. They simply do not rely on considerations of moral rightness; they do rely in their disputes on actual legal precedents; on decisions of the successive world courts and on international arbitral tribunals. IL is observed more than national law. Its just that flagrant breaches r highlighted more in the news. IL is a real system of law. But it is currently a weak system of law in comparison to domestic or national law. There is as yet no world government. Govt r reluctant to tolerate international intrusions on their sovereignty. Breaches States themselves don t treat breaches of IL as though they were simply breaches of an ethical code. Rather, disputes about IL are invariably couched in the familiar terms of legal argument with liberal recourse to authorities, including judicial and arbitral precedent. Enforcement Enforcement of Il remains decentralised in character & much more dependent upon self-help than is the case with mature domestic orders. The enforcement of IL is principally non-coercive (mechanisms to enforce are limited) IL is enforced through diplomatic channels, international public pressure and judicial & arbitral settlements. IL may therefore may generally be adjudicated and enforced by:! Self-help remedy! Legally binding decisions of the UNSC under Chapter VII of the Charter involving the use of force and sanctions o IL imposes sanctions in the form of trade embargos, restrictions on diplomatic ties, blockades, suspension or expulsion from international organisations, sports and cultural isolation, and other measures, all calculated to penalise the offending state in the hope that it may stop the breaches of the law. o By UNSC under Article 41. Serbia, Iraq, Libya: sanctions have been imposed on them. Note that the UN doesn t have to do it, states can choose to do it unilaterally! Resort to war and armed reprisals o War was the ultimate sanction (but this no longer exists). Under UN charter chapter 7 only UNSC o can authorise the use of force. UNSC SC can only authorise the use of force to maintain or restore international peace or security. That in itself is a problem: it can enforce IL but only in a very narrow context. No permanent standing army: Member states have to contribute which is a problem.! International Court of Justice (contentious jurisdiction Article 59 of the Statute of the International Court of Justice)! Counter-Measures (unarmed reprisals) o Air Services Agreement case between France & UK: Peaceful/unarmed reprisal. Certain conditions r attached to its exercise. First, the counter measure must be related to the initial breach; it has to be a measure in kind; somehow related to the initial breach, it must be reasonable, it must be proportionate; it can t be disproportionate to the original breach.! Diplomatic Intervention: Often world opinion became involved: sought to shame one state. In extreme cirm states would sever. Why do states obey IL? IL is obeyed most of the time. States obey the law because they recognise its utility: The most essential aspect of the utility is that it also ensures predictable reciprocity. Where the failure to honour an international obligation by one state leads to the injury of another state and entails the risk that the injured state can Page 13 of 119

11 THE SOURCES OF PUBLIC INTERNATIONAL LAW PART 1: THE STATUTE OF THE ICJ Article 38 (1) of the Statute of the International Court of Justice states: 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a) international conventions, whether general or particular, establishing rules recognised by the contesting states; b) international custom, as evidence of a general practice accepted as law; c) the general principles of law recognised by civilised nations; d) subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of the rules of law. 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono if the parties agree thereto. Sources of International Law Formal 1. Treaty + a convention. 2. International Custom 3. Civil law (d). is not a formal source Within the formal sources there is no particular hierarchy, rather prescribes a methodology for technical legal reasoning to be applied by the ICJ. All formal sources are of equal status. Strategically you would consider general principals only at the 3 rd stage in order to avoid a non-liquet (an inability to render a judgment because of a gap in the law. Informal Article 38 also mentions informal such as judicial decisions. Teaching of highly qualified publicists (Hall, Grotious, Lauterpacht, Vattel, Oppenheim) Article 38 mentions it as a subsidiary means Arbitral tribunals have paid a valuable role. They cannot create IL, rather their importance is to identify the relevant IL legal rule, to determine its content and its scope of application. So IL lawyers & tribunals will look at these but not regard them as sources of IL. Page 15 of 119

12 PART 2: TREATIES 38(1)(a) Treaties (1 st Source of IL) For a treaty based rule to be a source of law (rather than simply obligation) it must be - capable of affecting non-parties; or - have consequences for parties more extensive than those imposed by the treaty itself Definition A treaty (sometimes referred to as a convention or international legislation) is a legally binding instrument entered into between two or more states (or sometimes between states and intergovernmental organisations) by which they agree to regulate their conduct in accordance with its terms. A treaty is essentially a contractual engagement between states and binds only those states which are a party to it. (definition also contained in Art2(1) of VCLT) A bilateral treaty is one which is concluded between two states; a multilateral treaty is concluded between more than two states. Whether r not they can b regarded as sources of law, they are sources of obligations for the parties to them. Treaties take a multiplicity of forms & are designed to perform a variety of functions. Treaties may regulate: (although not exclusive): Claims to exercise jurisdiction over individuals or corporate entities. Regulation of legal relations between sovereign states (law of treaties) Diplomatic and sovereign immunity International Human Rights Law State responsibility War crime/crime against humanity. An act of aggression International law enforcement Terrorism Slavery Health and nutrition (UNISEF, World Health Org) Civil Aviation International Labour standards Law of the sea (eh UN Convention of the law of the sea) Customs and Tariff Development Extradition (usual bilateral treaties) Hierarchical relationship between treaty rules and rules CIL! Treaty provision prevails over customary IL to the extent there is an inconsistency. UNLESS jus cogens: that will prevail over a treaty obligation. Treaties have increased considerably in importance. Since 1945, treaties have assumed increasing importance as a formal source of IL. This is because custom takes a long time to develop; sometimes decades. So custom is quite slow to develop. When it does develop sometimes the obligations are clear and precise. However, it doesn t take long to create & adopt international treaties. Two types of treaties: 1. Treaty contract: (traits-contrat): Page 16 of 119