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A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations, precision, and delegation.
The Stimson Doctrine is the policy of nonrecognition of states created as a result of a war of aggression. The policy was implemented by the United States government, enunciated in a note of January 7, 1932, to the Empire of Japan and the Republic of China, of non-recognition of international territorial changes imposed by force. The doctrine was an application of the principle of ex injuria jus non oritur. Since the entry into force of the UN Charter, international law scholars have argued that states are under a legal obligation not to recognize annexations as legitimate, but this view is controversial and not supported by consistent state practice.
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Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law.
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Dire Tladi is a professor of international law at the Department of Public Law and the Institute for International and Comparative Law in Africa at the University of Pretoria. He is also extraordinary professor at the Public Law Department of the University of Stellenbosch. He has served as the Principal State Law Adviser for International Law for the South African Department of International Relations and Cooperation and Legal Counsellor to the South Africa Mission to the United Nations.
The Mothers of Srebrenica, also known as the Mothers of the Enclaves of Srebrenica and Žepa, is an activist and lobbying group based in the Netherlands that represents 6,000 survivors of the siege of Srebrenica during the Yugoslav Wars of the 1990s. The organization is best known for bringing a civil action against the United Nations for a breach of duty of care for the failure to prevent the genocide at Srebrenica.
Kadi and Al Barakaat International Foundation v Council and Commission (2008) C-402/05 is a case concerning the hierarchy between international law and the general principles of EU law. It is also known as Kadi I to distinguish from a later related case, Kadi II (2013).
The legality of the Israeli occupation of Palestine, which has continued since 1967 and is the longest military occupation in modern history, is a subject that has received much less attention than violations of international humanitarian law (IHL) and international human rights law (IHRL) that have occurred during the occupation. Multiple United Nations General Assembly resolutions have described the continuing occupation as illegal. The general thrust of international law scholarship addressing this question has concluded that, regardless of whether it was initially legal, the occupation has become illegal over time. Reasons cited for its illegality include use of force for impermissible purposes such as annexation, violation of the Palestinian right to self-determination, that the occupation itself is an illegal regime "of alien subjugation, domination and exploitation", or some combination of these factors. Eyal Benvenisti suggested that refusal by an occupier to engage in good faith with efforts to reach a peaceful solution should not only be considered illegal but as outright annexation. International law scholar Ralph Wilde states that "The common way of understanding the extended duration of the occupation... is a prolonged violation of international law". However, Israel denies that it is occupying Palestine and maintains that its presence is legal.
References
- ↑ Talmon, Stefan (2006). "The Duty Not to 'Recognize as Lawful' a Situation Created by the Illegal Use of Force or Other Serious Breaches of a Jus Cogens Obligation: an Obligation without Real Substance?". The Fundamental Rules of the International Legal Order: "jus Cogens" and Obligations "erga Omnes" : [Berlin Workshop]. BRILL. pp. 99–125. ISBN 978-90-04-14981-6.
- ↑ Azarova, Valentina (2018). "The secret life of non-recognition: EU-Israel relations and the obligation of non-recognition in international law". Global Affairs. 4 (1): 23–37. doi:10.1080/23340460.2018.1507278. S2CID 158794287.
- ↑ Grant, Thomas D. (2000). "East Timor, the U.N. System, and Enforcing Non-Recognition in International Law". Vanderbilt Journal of Transnational Law. 33: 273.
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