IRPS 310 Lynn University Functions of ICJ Project Paper Your individual final paper should be 6-7 pages in length, have a complete bibliography attached, a

IRPS 310 Lynn University Functions of ICJ Project Paper Your individual final paper should be 6-7 pages in length, have a complete bibliography attached, and conform to the Chicago Style Manual with respect to format and style (citations, page layout, etc.).

The focal points of the International Law & ICJ Project are key areas of international law, primary relevant cases, legal documents, and an experiential learning dynamic of practicing international law. For the project each person will be researching specific areas and cases of international law and then engaging in an International Court of Justice simulation as either a judge or representative of an international organization for a specific international legal situation. There is a 6-7 page paper associated with this project. Details of each component are provided below.

The Court proceedings will take place during the last two weeks of the semester. This allows for the maximum amount of preparation and application of all appropriate course content and materials. Thus, the International Law & ICJ Case Project serves as the culminating activity for the course by drawing together all of its various components.

Your role:

Judge – These papers should accomplish two intertwined tasks:

a.Discuss the relevant international legal documents, issues, and cases but without losing impartiality, that is you should not prejudge the case in your analysis or commentary.

b.Discuss the functions and operations of the ICJ with a particular emphasis on the role of the judges and advisory opinions.

Specifically,

a.What are the functions of the ICJ; how does it operate? And, what are the responsibilities of a judge on the Court?

b.What are the key legal issues or contexts within which the request for the advisory opinion falls?

c.What international legal documents – treaties, conventions, covenants, etc. – are relevant for the issues identified?

d.What are some exemplary cases that have been or are being adjudicated by any of the various international legal bodies (ICJ, ICC, European Court system, Inter-American Court system, Arab League, African Union, etc.)?

Attached are the papers previously written for the class and may help. Narcis Mujkic
IRPS 310 Q
Lynn University
1
Question #1
States laws are legal frameworks that are utilized in the governance of any given
sovereign country. Legislatures in the given country act as the people accorded the mandate of
creating the laws and passing various provisions1. In-state laws, there is the application of police
force and other law enforcement agencies to ensure that everybody in the country acts in
accordance with the stipulated regulations2. There is also the existence of a judicial system that is
tasked with the mandates of interpreting the laws. They are also responsible for judging an
accused person, hence acting in reinforcing the state provisions3. Furthermore, there is the
application of the concept of the rule of laws; That is, everyone in the state is required to adhere
to the laws.
International laws, on the other hand, refer to the provisions that are to be followed by a group of
sovereign states. Treaties between these states are the basic source of these enactments.
Examples of treaties include bilateral, multilateral, and regional4. The customary international
laws act as the source of these provisions. Unlike in domestic laws, there are no legislatures
tasked with the mandate of creating these laws. Additionally, there is also the existence of courts
and tribunals which help in the interpretation and enforcement of international laws5.
International laws have the power to change politics in the real world. There is also a presence of
the rule of law in the international realm, requiring all members to adhere to the set stipulations.
Question #2
1
Scott, Shirley V. International Law in World Politics: An Introduction. Lynne: Rienner Publishers, 2017.,3
2
Ibid, 7
Ibid, 8
4
Scott, Shirley V. International Law in World Politics: An Introduction. Lynne: Rienner Publishers, 2017., 3
3
5
Ibid, 8
2
An intergovernmental organization (IGO) is an independent body that plays a critical role
in international politics and law. The organization is formed when several states come together
and establish a multilateral treaty that highlights its structure, objectives, and techniques to be
employed in its operations6. The United Nations (UN) is an example of an IGO that focuses on
addressing a variety of issues ranging from economic to political matters. The organization
possesses a vast amount of authority when it comes to the implementation and creation of
international laws7. It addresses most of the fundamental components of world politics such as
the utilization of force by various governments. The UN plays a critical role in world politics
over any other body since its charter surpasses other multilateral treaties8. The organization has
overseen the conclusion of various treaties between member states. It also plays a significant role
in the creation, implementation and enforcement of international laws.
Security Council is one of the branches of the United Nations that plays a major role in
international laws. Its primary responsibility is to maintain peace and security in all the member
countries9. The Security Council possesses a considerable authority over the states hence every
member state is required to follow on the decision it makes. The UN – through the Security
Council – is granted the task of backing up the International Court of Justice, offering guidance
and coming up with proper strategies to help in effect judgments10. It also offers counseling and
guidance for making resolutions in instances pertaining to conflicts. Therefore, the United
Nations is an IGO that focuses on the enactment, implementation and enforcement of
international laws.
6
Ibid, 45
Ibid, 46
8
Scott, Shirley V. International Law in World Politics: An Introduction. Lynne: Rienner Publishers, 2017., 46
7
9
Ibid, 47
Ibid, 48
10
3
Question #3
Courts and tribunals play a critical role in ensuring that international laws are effectively
implemented and applied. They avail the judicial resolutions by utilizing international laws. The
primary roles of the resolutions by the international courts and tribunals tend to vary depending
on the issue of concern11. Initially, they were tasked with the mandates of solving disputes
among the countries. However, they attained more responsibilities along the way12. Currently,
some of the issues affecting several states such as economic matters, that hail from international
conflicts and legal concerns, that originated from the process of regional economic integration,
are additional issues that the laws deals with. They also help in trying individuals and groups
who are changed with the cases of participating in international crimes13. Such individuals
include military leaders and politicians who occupy prominent positions.
The courts and tribunals are also mandated with the responsibilities of enhancing
jurisprudence. That is, shaping and helping in the development of the system of principles,
concepts, and rules that constitute international laws14. However, the courts and the tribunal do
not engage in activities that revolve around the creation and making of international laws.
Instead, they help in availing interpretations and justifying why they are utilized in a given
case15. They play a critical role in reinforcing the laws that are already made and fine-tuning
their interpretation. The courts and the tribunals are also responsible for ensuring that the
contents of the international laws are able to deal with the issues that arise from the political
11
12
13
Ibid, 67
Scott, Shirley V. International Law in World Politics: An Introduction. Lynne: Rienner Publishers, 2017., 67
Ibid
Ibid
15
Ibid
14
4
evolution in the world’s dynamics16. This is achieved through the making of resolutions that
prove consistency with the determinations made earlier.
16
Ibid
5
Bibliography
Scott, Shirley V. International Law in World Politics: An Introduction, 3rd Edition. Lynne:
Rienner Publishers, 2017.
MUJKIC 1
Reading Review #2
Narcis Mujkic
Lynn University
MUJKIC 2
NATURAL LAWS AND POSITIVISM
1. Advantages of natural law
Natural law supplements the law of the nations in terms of reason and ethics. States operate
on ethical terms as well as proper reasoning and judgment (Scott et al 2017)1. Natural laws
are based on ethics and thus supplement the international laws.
Some legal rules are well justified. Natural laws justify some international rules. For instance
they clearly outline the measures taken for a serious crime against the state like robbery.
Disadvantages
Natural law recognizes God as the sole authority or source. It also respects the commendation
of God; therefore, it is not bound to change. An inflexible statute is not authoritative.
The law of natural theory is inadequate. This is because it fails to give extensive information
on certain boundaries (Scott et al 2017)2. For instance, it does not accurately define the
boundary of a fishing zone which could either be five kilometers or seven kilometers.
Some legal rules are not well justified. Some of the rules, by a naturalist would argue that
there is a universal prohibition on murder. However, this can draw a bone of contention due
to lack of specification.
Positivism advantages
The states have freedom to make their international laws according to their consent. The
significance of this is that the states can govern their relations. The free will of states enables
them to favor their system of governance.
1
Scott, Shirley V., and Shirley V. Scott. International law in world politics: An introduction. Boulder:
Lynne Rienner Publishers, 2017.
2
Scott, Shirley V., and Shirley V. Scott. International law in world politics: An introduction. Boulder:
Lynne Rienner Publishers, 2017.
MUJKIC 3
It is capped with all legal force and authority. The authority of a state and its legal force are
forces that drive the international law accordingly.
The system of international law has been based philosophically by positivism. This aspect
acts as a stem for building of international laws
It bases the legality of actions on concepts, principles, or rules within international law. For
an action to be considered in line with international law, it must abide by the concepts, rules
and principles of the state (Scott et al 2017)3
Disadvantages
Positivity draws a bone of contention about the legality of laws if they do not comply with
the government laws. Positivity is based on concepts or rules that work in line with
international law; however, if these principles work against international laws, they can be
proved illegal. Hence it is rigid in the facets of the three categories.
Positivism provides a substantive direction in which international laws should be based. The
fact that it allows people in authority in a given state to exercise legal action, it contrasts with
the natural law (Scott et al 2017)4. Positivism is flexible and thus allows for regulation;
hence it suits the dynamics of international law.
2. Advantages of multilateral treaties
The standards created for multilateral treaties are equal amongst the states that are in
agreement with international law and are regulated. These laws equalize the policies of each
state, thus creating an equal platform that does not favor a nation or state.
3
Scott, Shirley V., and Shirley V. Scott. International law in world politics: An introduction. Boulder:
Lynne Rienner Publishers, 2017.
4
Scott, Shirley V., and Shirley V. Scott. International law in world politics: An introduction. Boulder:
Lynne Rienner Publishers, 2017.
MUJKIC 4
Multilateral treaties are economically beneficial to different states. The economical
perspective is achieved when theses states set economic goals and actively work towards
successful agreements.
Multilateral treaties can develop policies which demand a global obligation such as reducing
pollution for instance. Countries in a binding multilateral agreement can be requested to work
collectively and reduce global issues (Scott et al 2004)5.
The Breaching of any law among countries results in legal action according to the
international laws, as a punishment against the state that breached the law.
Disadvantages of multilateral treaties
Gross misconduct that violates international law regarding the treaties would result in conflict
among the states and eventually withdrawal by the state. This would lead to lack of trust and
also business partnerships.
These treaties involve many countries. However, the negotiations on agreeable international
laws could take a lot of time. They could also be sophisticated since different countries
operate differently. Hence it could lead to disagreements or withdrawal. Individual states
have unique laws which would require treaties that are in favor of those.
3. Breach of International Law by the US upon Refusal to Withdraw Troops
The conflict of interest regarding the legal use of force was a crucial question raised after the
retaliation of events between the US and Iranian military occurred. Qassem Soleimani, an
5
Scott, Shirley V., and Shirley V. Scott. International law in world politics: An introduction. Boulder:
Lynne Rienner Publishers, 2017.
MUJKIC 5
Iranian general, killed in Baghdad in January 2020 by a US strike (Scott et al 2017)6. The
sovereignty of Iraq was breached when the use of military force within the territory of Iran
took place. The US and Iraq countries have had conflicting issues recently, and this has cost
Iraq a great deal. Abu Mahdi al Muhandis, who is a senior militia commander, was also killed
by a US strike. Demonstrations held in Iraq are demanding the US troops to withdraw. Hence
there is a breach of international law according to the parliament of the government of Iraq
when the US troop persists on staying in that country. According to public internal laws,
there are rules regarding the usage of force (Scott et al 2017)7. However, it does not apply to
self-defense against an attack that is armed according to the United Nations Security Council.
Above this, the council justifies the use of force in another country on very strict grounds
such as when a country permits another country to use military force due to a situation that is
compelling.
6
Scott, Shirley V., and Shirley V. Scott. International law in world politics: An introduction. Boulder:
Lynne Rienner Publishers, 2017.
7
Scott, Shirley V., and Shirley V. Scott. International law in world politics: An introduction. Boulder:
Lynne Rienner Publishers, 2017.
MUJKIC 6
Bibliography
Scott, Shirley V., and Shirley V. Scott. International law in world politics: An introduction.
Boulder: Lynne Rienner Publishers, 2017.
Mujkic 1
Narcis Mujkic
IRPS 310 Q
Lynn University
Mujkic 2
International Legally Binding Agreements
The first question we ought to ask is, what are international agreements? In The Vienna Convention
on the Law of Treaties (VCLT) a treaty is defined as ‘an international agreement concluded
between states in written form and governed by international law’.1 International agreements
exhibit a wide range of variation. In the case of Goel & Anor v Grant & Anor,2 it was stated that
the form in which the agreement is made may exist in various forms – such as through email
conversations. Many are negotiated as legally binding agreements, while others are nonbinding.
Some contain substantive obligations requiring deep, demanding policy changes; others demand
little or simply ratify the status quo. Some of these may specify institutions to monitor and sanction
noncompliance; others create no review structure at all. Thus, there is considerable variation in
both the form of international agreements—in their legal bindingness – as well as in the range of
structural provisions for monitoring and addressing noncompliance; and in the substantive
obligations they impose,3 (Raustiala, 2005).
In most cases, parties that agreed upon bilateral or multilateral agreements are expected to fulfil
their obligations in good faith, as expressed under the doctrine of punct sunct servanda,4 under
article 31 of the VCLT. But this does not mean that every provision of a treaty creates a legal
obligation, the breach of which is essentially non-compliance. Although they can sometimes cause
confusion, the issue of an instrument’s legal form is distinct from the issue of whether particular
provisions create legal obligations. The aforementioned requires examining the instrument on a
complete scale , and depends on whether the instrument is in writing and its intention in regard to
1
Article 2 (a) Vienna Convention on the Law of Treaties.
Goel & Anor v Grant & Anor (As Joint Administrators of Meem SL Ltd) [2017] EWHC 2688.
3
Raustiala, Kal. “Form and Substance in International Agreements.” American Journal of International Law 99, no.
3 (2005): 581–614. doi:10.2307/1602292.
4
Aingrticle 26, Vienna Convention on the Law of Treaties.
2
Mujkic 3
be governed by international law, (Bodansky, et al, 2015). “While the latter depends on the
language of the particular provision in question – for example, whether it is phrased as a ‘shall’ or
a ‘should’” (Brodansky, 2015).5 However, this expectation is not realized at times, since the
fulfilment of obligations may not actually be met, especially if there are not enough safeguards
and mechanisms to ensure they are fulfilled. In order to move forward on the enforcement of
internationally legally binding agreements, we will consider the current jurisprudential
dispensation regarding enforcement of internationally legally binding agreements, and what needs
to be done. They are as discussed below.
Article 38(1) (C)6 of the International Court of Justice stipulates that general principles of
International law recognized by civilized nations shall form part of international law. This begs
the question, what are general principles of international law? The writings of scholars and
opinions of international and national tribunals have invariably confirmed that “General
Principles” are, first, expressions of national legal systems (Bassiouni et al, 1990), and, second,
expressions of other unperfected sources of international law enumerated in the statutes of the PCIJ
and ICJ; namely, conventions, customs, writings of scholars, and decisions of the PCIJ and ICJ.7
Examples of these general principles of law are laches, good faith, res judicata, and the impartiality
of judges. International tribunals rely on these principles when they cannot find authority in other
sources of international law. These general principles of law can be found in decisions of
5
Bodansky, Daniel. “Legally binding versus non-legally binding instruments.” Forthcoming in: Scott Barrett Carlo
Carraro and Jaime de Melo, eds., Towards a Workable and Effective Climate Regime, VoxEU eBook (CEPR and
FERDI) (2015).
6
Article 38(1)(C) ICJ Statute.
7
M. C. Bassiouni, A Functional Approach to “General Principles of International Law”, 11 MICH. J. INT’L L.
768 (1990) < https://repository.law.umich.edu/mjil/vol11/iss3/3 >
Mujkic 4
international tribunals and national courts; references to them may also be found in the teachings
of the “most highly qualified publicists.”
According to the VCLT, whether an agreement constitutes a treaty does not depend on its title, but
rather upon the idea whether the parties of the instrument, intended it to be governed by
international law (Aust 2007). However, in certain situations this may be ambivalent as treaties
may usually be distinguished from non-legally binding instruments with the inclusion of ‘final
clauses’, addressing issues such as how states express their consent to be bound (for example,
through ratification or accession) and the requirements for entry into force – provisions that would
not make sense in an instrument not intended to be legal in character.8
Under the general principles of international law, the concept of ‘legally binding’ is distinct from
several other dimensions of ‘bindingness’ (Stavins et al. 2014).9 It differs from whether an
instrument is justiciable under international law – whether the instrument can be used by a court
or other tribunal. Usually, courts may apply only legal instruments, so justiciability ought to
depend on the legal form (Bodansky, et al 2015).10 Secondly, the concept of ‘legally binding’ is
distinct from that of enforcement. Enforcement typically involves the application of sanctions to
induce compliance. As with justiciability, enforcement is not a necessary condition for an
instrument to be legally binding. If an instrument is created through a recognized lawmaking
process, then it is legally binding, whether or not there are any specific sanctions for violations.
Conversely, enforcement does not depend on legal form, since non-legal norms can also be
8
Daniel B. Legally binding versus non legally binding instruments, Arizona State University.
Goldstein, Judith L., Judith Goldstein, Miles Kahler, Robert O. Keohane, and Anne-Marie Slaughter,
eds. Legalization and world politics. MIT Press, 2001.
10
Bodansky, Daniel, Seth Hoedl, Gilbert E. Metcalf, and Robert N. Stavins. “Facilitating linkage of heterogeneous
regional, national, and sub-national climate policies through a future international agreement.” Harvard Project on
Climate Agreements (2014).
9
Mujkic 5
enforced through the application of sanctions, (Daniel et al, 2015).
11
Third, the legal form of an
agreement is distinct from its precision. Of course, the more precise a norm, the more it constrains
behavior. But legally binding instruments can be very vague, while non-legal instruments can be
quite precise. So the constraining force of precision is different from that of law.12
In guaranteeing the compliance of international legal agreement, Oran Young stated, “Compliance
can be said to occur when the actual behavior of a given subject conforms to prescribed behavior,
and noncompliance or violation occurs when act…
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