Intellectual justification for universal jurisdiction

Reference no: EM133685543

Question

What happens if a treaty reservation is deemed (by whatever means) to be invalid? Contrast the two differing legal views on this issue that we discussed. .

Name and briefly discuss four of the 5 factors that Courts take into account when determining whether there is a history of state practice.

Briefly describe the four ways in which states can accept jurisdiction of the International Court of Justice.

Briefly describe the bases on which domestic courts often assert jurisdiction.

What conditions must apply for a state to have the right to hot pursuit over a foreign vessel?

Why has the international community struggled to combat piracy of the coast of Somalia?

What are the two competing perspectives on how states can prevent the abuse of flexibility under international law? Briefly describe each approach.

How are antidumping duties and countervailing duties similar? How are they different?

What two kinds of cooperation problems best matches foreign direct investment? Explain/justify when each of these cooperation problems is most likely to be relevant.

How are genocide and ethnic cleansing similar/different?

Why do states often avoid using the word "genocide" to label severe human rights violations?

The ICCPR gives individuals rights to expression, assembly, and association. However, states sometimes restrict these rights to accommodate competing objectives. What competing objectives are explicitly allowed under the ICCPR? Provide a specific example for each competing objective.

The ICESCR creates extensive rights to economic and social assistance. Yet many states have limited resources to provide such assistance. How does international law handle this tension?

How are cultural rights similar to civil and political rights? How are they different?

How are jus ad bellum and jus in bello similar? How are they different?

What are the two circumstances under which a state can clearly use force against another state without violating the UN Charter?

We discussed two competing perspectives about the interpretation of Article 2(4) of the UN Charter. Briefly describe the differences between these two perspectives on the following issues:

Who should interpret the UN Charter?

What is a prohibited "use of force"?

Does the UN context affect the interpretation of Article 2(4)?

how are Military necessity and Proportionality similar? How are they different?

According to Hague and Geneva law

What conditions must be met for an individual to qualify as a combatant during war?

Why would you want to be identified as a combatant (i.e. what benefit does it give you)?

What are the criteria that are used to determine whether an object makes "an effective contribution to military action" (4 criteria)? Why does satisfying this test matter?

How are command and superior responsibility similar? How are they different?

Many specific acts-like murder and sexual violence-can qualify as both crimes against humanity and as war crimes. So how is the definition of crimes against humanity different from the definition of a war crime?

On universal jurisdiction:

What is the intellectual justification for universal jurisdiction?

What is the main historical justification for universal jurisdiction?

What kind of cooperation problem best matches environmental protection. Explain/justify why this cooperation problem applies.

Why is it often easier for states to cooperate on bilateral/regional environmental problems (like watercourses and transboundary air pollution) than on global problems (like climate change or ocean pollution)? Discuss three important factors.

How does the issue of environmental protection connect to international human rights?

Reference no: EM133685543

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