RELEVANT PROVISIONS

Intro
1. UN Charter Art 1 +2
Art. 1: Purpose of UN
1. To maintain international peace and security, and to that end: to take effective collective
measures for the prevention and removal of threats to the peace, and for the suppression
of acts of aggression or other breaches of the peace, and to bring about by peaceful
means, and in conformity with the principles of justice and international law, 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 and self-determination of peoples, and to take other appropriate measures to
strengthen universal peace;
3. To achieve international co-operation in solving international problems of an economic,
social, cultural, or humanitarian character, and in promoting and 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.

Art.2: The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in
accordance with the following Principles.

1. The Organization is based on the principle of the sovereign equality of all its Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting from
membership, shall fulfill in good faith the obligations assumed by them in accordance
with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a manner
that international peace and security, and justice, are not endangered.
4. All Members shall refrain in their international relations from the threat or use of force
against the territorial integrity or political independence of any state, or in any other
manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes in
accordance with the present Charter, and shall refrain from giving assistance to any state
against which the United Nations is taking preventive or enforcement action.
6. The Organization shall ensure that states which are not Members of the United Nations
act in accordance with these Principles so far as may be necessary for the maintenance of
international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations to intervene
in matters which are essentially within the domestic jurisdiction of any state or shall
require the Members to submit such matters to settlement under the present Charter; but
this principle shall not prejudice the application of enforcement measures under Chapter
Vll.

2. Decl. on Principles of International Law concerning Friendly Relations and Co- operation among
States in accordance with the Charter of the United Nations, 1970, United Nations General Assembly
Resolution 2625 (XXV)
Principle that States refrain in their intl relations from the threat or use of force against terr.
Integrity or use of force of any state – war of aggression crime – no deprivation of principle of equal
rights and R2SD – no mercenaries – no civil or terrorist acts – no military occupation (NA UNSC and
Charter) – good faith negotiations for early conclusion of universal treaty on disarmament – good faith
obligations under generally recognised principles and maintaining peace and security
Principle that States shall settle intl disputes by peaceful means
“” duty to not intervene in matters within the domestic jurisdiction of any State, in accordance
w/ Charter
 “” duty to cooperate w/ each other
Principle of equal rights and R2SD
Princ of Sovereign equality b/w states
Sources
ICJ STATUTE – ART 38 – Sources of Intl Law

VCLT
Art. 7 : Full Powers to represent state to authenticate treaty if he produces appropriate full powers or
(b) it appears from State practice that their intention was to give hum full powers. 2. Don’t have to produce full
powers?
a. Heads of state, govt, ministers for foreign affairs
b. heads of diplomatic missions
c. representatives accredited by States to an international conference or to an
international organization or one of its organs, for the purpose of adopting the text
of a treaty in that conference, organization or organ
Art 8: if confirmed by someone with no power – no legal affect unless later confirmed by State
Art. 12: consent by sign when: the treaty provides that signature shall have that effect; (b) it is
otherwise established that the negotiating States were agreed that signature should have that effect; or (c) the
intention of the State to give that effect to the signature appears from the full powers of its representative or was
expressed during the negotiation
Art. 13: “” exchange of instruments
Art. 14: “” by ratification, acceptance, approval
Art. 15: “” Accession
Art 18: Obligation not to defeat object and purpose of treaty before its entry into force when it has (a) signed the
treaty or has exchanged instruments constituting the treaty subject to ratification, acceptance or approval, until it
shall have made its intention clear not to become a party to the treaty; or (b) it has expressed its consent to be
bound by the treaty, pending the entry into force of the treaty and provided that such entry into force is not
unduly delayed.
SECTION 2 – RESERVATIONS
PART III – OBSERVANCE, APPLICATION AND INTERPRETATION OF TREATIES
Art. 26 – Pacta Sunt Servanda – binding on parties, performed by them in good faith
Art. 27 – cannot invoke internal law as justification for failure to perfrom
Art.28 – no retrospectivity
Art. 30 – new treaties to supersede old ones
INTERPRETATION
Art. 31 – general rule of interpretation – good faith in accordance with ordinary meaning in terms of the treaty’s
context and object and purpose
Context (2) – preamble and annexes + any agreement relating to the treaty which was made between all the
parties in connection with the conclusion of the treaty; (b) any instrument which was made by one or more
parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related
to the treaty
+ (3) - any subsequent agreement between the parties regarding the interpretation of the treaty or the application
of its provisions; (b) any subsequent practice in the application of the treaty which establishes the agreement of
the parties regarding its interpretation; (c) any relevant rules of international law applicable in the relations
between the parties. 4. A special meaning shall be given to a term if it is established that the parties so intended
Art. 34 – treaty not create either obligations or rights for a third State without its consent.
INVALIDITY OF TREATIES
Article 46 Provisions of internal law regarding competence to conclude treaties 1. A State may not invoke the
fact that its consent to be bound by a treaty has been expressed in violation of a provision of its internal law
regarding competence to conclude treaties as invalidating its consent unless that violation was manifest and
concerned a rule of its internal law of fundamental importance. 2. A violation is manifest if it would be
objectively evident to any State conducting itself in the matter in accordance with normal practice and in good
faith.
Article 47 Specific restrictions on authority to express the consent of a State If the authority of a representative
to express the consent of a State to be bound by a particular treaty has been made subject to a specific
restriction, his omission to observe that restriction may not be invoked as invalidating the consent expressed by
him unless the restriction was notified to the other negotiating States prior to his expressing such consent.
Article 48 Error 1. A State may invoke an error in a treaty as invalidating its consent to be bound by the treaty if
the error relates to a fact or situation which was assumed by that State to exist at the time when the treaty was
concluded and formed an essential basis of its consent to be bound by the treaty. 17 2. Paragraph 1 shall not
apply if the State in question contributed by its own conduct to the error or if the circumstances were such as to
put that State on notice of a possible error. 3. An error relating only to the wording of the text of a treaty does
not affect its validity; article 79 then applies.
Article 49 Fraud If a State has been induced to conclude a treaty by the fraudulent conduct of another
negotiating State, the State may invoke the fraud as invalidating its consent to be bound by the treaty.
Article 50 Corruption of a representative of a State If the expression of a State’s consent to be bound by a treaty
has been procured through the corruption of its representative directly or indirectly by another negotiating State,
the State may invoke such corruption as invalidating its consent to be bound by the treaty.
Article 51 Coercion of a representative of a State The expression of a State’s consent to be bound by a treaty
which has been procured by the coercion of its representative through acts or threats directed against him shall
be without any legal effect.
Article 52 Coercion of a State by the threat or use of force A treaty is void if its conclusion has been procured by
the threat or use of force in violation of the principles of international law embodied in the Charter of the United
Nations.
Article 53 Treaties conflicting with a peremptory norm of general international law (“jus cogens”) A treaty is
void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the
purposes of the present Convention, a peremptory norm of general international law is a norm accepted and
recognized by the international community of States as a whole as a norm from which no derogation is
permitted and which can be modified only by a subsequent norm of general international law having the same
character.
TERMINATION AND SUSPENSION
Article 54 Termination of or withdrawal from a treaty under its provisions or by consent of the parties - The
termination of a treaty or the withdrawal of a party may take place: (a) in conformity with the provisions of the
treaty; or (b) at any time by consent of all the parties after consultation with the other contracting States.
Article 55 Reduction of the parties to a multilateral treaty below the number necessary for its entry into force
Unless the treaty otherwise provides, a multilateral treaty does not terminate by reason only of the fact that the
number of the parties falls below the number necessary for its entry into force.
Article 56 Denunciation of or withdrawal from a treaty containing no provision regarding termination,
denunciation or withdrawal 1. A treaty which contains no provision regarding its termination and which does not
provide for denunciation or withdrawal is not subject to denunciation or withdrawal unless: (a) it is established
that the parties intended to admit the possibility of denunciation or withdrawal; or (b) a right of denunciation or
withdrawal may be implied by the nature of the treaty. 2. A party shall give not less than twelve months’ notice
of its intention to denounce or withdraw from a treaty under paragraph 1.
Article 57 Suspension of the operation of a treaty under its provisions or by consent of the parties The operation
of a treaty in regard to all the parties or to a particular party may be suspended: (a) in conformity with the
provisions of the treaty; or (b) at any time by consent of all the parties after consultation with the other
contracting States.
Article 58 Suspension of the operation of a multilateral treaty by agreement between certain of the parties only
1. Two or more parties to a multilateral treaty may conclude an agreement to suspend the operation of provisions
of the treaty, temporarily and as between themselves alone, if: (a) the possibility of such a suspension is
provided for by the treaty; or (b) the suspension in question is not prohibited by the treaty and: (i) does not affect
the enjoyment by the other parties of their rights under the treaty or the performance of their obligations; (ii) is
not incompatible with the object and purpose of the treaty. 2. Unless in a case falling under paragraph 1 (a) the
treaty otherwise provides, the parties in question shall notify the other parties of their intention to conclude the
agreement and of those provisions of the treaty the operation of which they intend to suspend.
Article 59 Termination or suspension of the operation of a treaty implied by conclusion of a later treaty 1. A
treaty shall be considered as terminated if all the parties to it conclude a later treaty relating to the same subject
matter and: (a) it appears from the later treaty or is otherwise established that the parties intended that the matter
should be governed by that treaty; or (b) the provisions of the later treaty are so far incompatible with those of
the earlier one that the two treaties are not capable of being applied at the same time. 2. The earlier treaty shall
be considered as only suspended in operation if it appears from the later treaty or is otherwise established that
such was the intention of the parties.
Article 60 Termination or suspension of the operation of a treaty as a consequence of its breach 1. A material
breach of a bilateral treaty by one of the parties entitles the other to invoke the breach as a ground for
terminating the treaty or suspending its operation in whole or in part. 2. A material breach of a multilateral treaty
by one of the parties entitles: (a) the other parties by unanimous agreement to suspend the operation of the treaty
in whole or in part or to terminate it either: 20 (i) in the relations between themselves and the defaulting State; or
(ii) as between all the parties; (b) a party specially affected by the breach to invoke it as a ground for suspending
the operation of the treaty in whole or in part in the relations between itself and the defaulting State; (c) any
party other than the defaulting State to invoke the breach as a ground for suspending the operation of the treaty
in whole or in part with respect to itself if the treaty is of such a character that a material breach of its provisions
by one party radically changes the position of every party with respect to the further performance of its
obligations under the treaty. 3. A material breach of a treaty, for the purposes of this article, consists in: (a) a
repudiation of the treaty not sanctioned by the present Convention; or (b) the violation of a provision essential to
the accomplishment of the object or purpose of the treaty. 4. The foregoing paragraphs are without prejudice to
any provision in the treaty applicable in the event of a breach. 5. Paragraphs 1 to 3 do not apply to provisions
relating to the protection of the human person contained in treaties of a humanitarian character, in particular to
provisions prohibiting any form of reprisals against persons protected by such treaties.
Article 61 Supervening impossibility of performance 1. A party may invoke the impossibility of performing a
treaty as a ground for terminating or withdrawing from it if the impossibility results from the permanent
disappearance or destruction of an object indispensable for the execution of the treaty. If the impossibility is
temporary, it may be invoked only as a ground for suspending the operation of the treaty. 2. Impossibility of
performance may not be invoked by a party as a ground for terminating, withdrawing from or suspending the
operation of a treaty if the impossibility is the result of a breach by that party either of an obligation under the
treaty or of any other international obligation owed to any other party to the treaty.
Article 62 Fundamental change of circumstances 1. A fundamental change of circumstances which has occurred
with regard to those existing at the time of the conclusion of a treaty, and which was not foreseen by the parties,
may not be invoked as a ground for terminating or withdrawing from the treaty unless: (a) the existence of those
circumstances constituted an essential basis of the consent of the parties to be bound by the treaty; and (b) the
effect of the change is radically to transform the extent of obligations still to be performed under the treaty. 2. A
fundamental change of circumstances may not be invoked as a ground for terminating or withdrawing from a
treaty: (a) if the treaty establishes a boundary; or (b) if the fundamental change is the result of a breach by the
party invoking it either of an obligation under the treaty or of any other international obligation owed to any
other party to the treaty. 3. If, under the foregoing paragraphs, a party may invoke a fundamental change of
circumstances as a ground for terminating or withdrawing from a treaty it may also invoke the change as a
ground for suspending the operation of the treaty.
Article 63 Severance of diplomatic or consular relations The severance of diplomatic or consular relations
between parties to a treaty does not affect the legal relations established between them by the treaty except
insofar as the existence of diplomatic or consular relations is indispensable for the application of the treaty.
Article 64 Emergence of a new peremptory norm of general international law (“jus cogens”) If a new
peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm
becomes void and terminates.
CONSEQUENCES OF SUPSENSION/TERMINATION
Article 69 Consequences of the invalidity of a treaty 1. A treaty the invalidity of which is established under the
present Convention is void. The provisions of a void treaty have no legal force. 2. If acts have nevertheless been
performed in reliance on such a treaty: (a) each party may require any other party to establish as far as possible
in their mutual relations the position that would have existed if the acts had not been performed; (b) acts
performed in good faith before the invalidity was invoked are not rendered unlawful by reason only of the
invalidity of the treaty. 3. In cases falling under article 49, 50, 51 or 52, paragraph 2 does not apply with respect
to the party to which the fraud, the act of corruption or the coercion is imputable. 4. In the case of the invalidity
of a particular State’s consent to be bound by a multilateral treaty, the foregoing rules apply in the relations
between that State and the parties to the treaty.
Article 70 Consequences of the termination of a treaty 1. Unless the treaty otherwise provides or the parties
otherwise agree, the termination of a treaty under its provisions or in accordance with the present Convention:
(a) releases the parties from any obligation further to perform the treaty; (b) does not affect any right, obligation
or legal situation of the parties created through the execution of the treaty prior to its termination. 2. If a State
denounces or withdraws from a multilateral treaty, paragraph 1 applies in the relations between that State and
each of the other parties to the treaty from the date when such denunciation or withdrawal takes effect.
Article 71 Consequences of the invalidity of a treaty which conflicts with a peremptory norm of general
international law 1. In the case of a treaty which is void under article 53 the parties shall: (a) eliminate as far as
possible the consequences of any act performed in reliance on any provision which conflicts with the
peremptory norm of general international law; and 24 (b) bring their mutual relations into conformity with the
peremptory norm of general international law. 2. In the case of a treaty which becomes void and terminates
under article 64, the termination of the treaty: (a) releases the parties from any obligation further to perform the
treaty; (b) does not affect any right, obligation or legal situation of the parties created through the execution of
the treaty prior to its termination, provided that those rights, obligations or situations may thereafter be
maintained only to the extent that their maintenance is not in itself in conflict with the new peremptory norm of
general international law.
Article 72 Consequences of the suspension of the operation of a treaty 1. Unless the treaty otherwise provides or
the parties otherwise agree, the suspension of the operation of a treaty under its provisions or in accordance with
the present Convention: (a) releases the parties between which the operation of the treaty is suspended from the
obligation to perform the treaty in their mutual relations during the period of the suspension; (b) does not
otherwise affect the legal relations between the parties established by the treaty. 2. During the period of the
suspension the parties shall refrain from acts tending to obstruct the resumption of the operation of the treaty.
ILP
1. Montevideo Convention on the Rights and Duties of States, 1933
Article 1
The state as a person of international law should possess the following qualifications:

a. a permanent population;
b. a defined territory;
c. government; and
d. capacity to enter into relations with the other states.

Article 3
The political existence of the state is independent of recognition by the other states. Even before
recognition the state has the right to defend its integrity and independence, to provide for its
conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its
interests, administer its services, and to define the jurisdiction and competence of its courts. The
exercise of these rights has no other limitation than the exercise of the rights of other states according
to international law.

Article 7
The recognition of a state may be express or tacit. The latter results from any act which implies the
intention of recognizing the new state.

2. UN General Assembly Resolution 67/19 on the Question of Palestine (29 November 2012)
Upgrades Palestine to non-member observer state status in the United Nations General Assembly. It
was adopted by the sixty-seventh session of the United Nations General Assembly on 29 November
2012, the date of the International Day of Solidarity with the Palestinian People and the 65th
anniversary of the adoption by the General Assembly of resolution 181(II) on the Future Government
of Palestine. The draft resolution was proposed by Palestine's representative at the United Nations. It,
however, maintains the status of the Palestinian Liberation Organization as the representative of the
Palestinian people within the United Nations system. Though strongly contested by the United States
and the government of Israel, former Israeli Prime Minister Ehud Olmert expressed support for the
measure. The motion was seen as largely symbolic, though it could allow Palestine to start proceedings
at the International Criminal Court against Israel. Its timing, following a year in which Palestine
obtained membership of UNESCO and the UN Security Council was unable "to make a unanimous
recommendation" on their application for full UN membership, and coming several days after the
completion of Operation Pillar of Defense, was also noted. The new status equates Palestine with that
of the Holy See within the United Nations system and implicitly recognises Palestinian sovereignty.
 Pal. President made request for membership under UN Charter Chap II, Art. 4 – membership in UN
open to all peace-loving states

3. (organisations): Articles 104 and 105, UN Charter

4. General Convention on the Privileges and Immunities of the United Nations, 1946.
Self-Determination
1. UN Charter Article 1 (SEE INTRO), Chapters XI-XIII

CHAPTER XI – DECLARATION RE NON-SELF-GOVERNING TERRITORIES

Art. 73 - Sacred trust principle

Article 74
Members of the United Nations also agree that their policy in respect of the territories to which this
Chapter applies, no less than in respect of their metropolitan areas, must be based on the general
principle of good-neighbourliness, due account being taken of the interests and well-being of the rest of
the world, in social, economic, and commercial matters.

CHAPTER XII – INTERNATIONAL TRUSTEESHIP SYSTEM

Article 77
The trusteeship system shall apply to such territories in the following categories as may be placed
thereunder by means of trusteeship agreements:
territories now held under mandate;
territories which may be detached from enemy states as a result of the Second World War; and
territories voluntarily placed under the system by states responsible for their administration.
It will be a matter for subsequent agreement as to which territories in the foregoing categories will be
brought under the trusteeship system and upon what terms.

Article 78
The trusteeship system shall not apply to territories which have become Members of the United
Nations, relationship among which shall be based on respect for the principle of sovereign equality.

Article 79
The terms of trusteeship for each territory to be placed under the trusteeship system, including any
alteration or amendment, shall be agreed upon by the states directly concerned, including the
mandatory power in the case of territories held under mandate by a Member of the United Nations, and
shall be approved as provided for in Articles 83 and 85.

Article 80
Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and
81, placing each territory under the trusteeship system, and until such agreements have been concluded,
nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of
any states or any peoples or the terms of existing international instruments to which Members of the
United Nations may respectively be parties.
 Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the
negotiation and conclusion of agreements for placing mandated and other territories under the
trusteeship system as provided for in Article 77.
Article 81
The trusteeship agreement shall in each case include the terms under which the trust territory will be
administered and designate the authority which will exercise the administration of the trust territory.
Such authority, hereinafter called the administering authority, may be one or more states or the
Organization itself.

Article 82
There may be designated, in any trusteeship agreement, a strategic area or areas which may include
part or all of the trust territory to which the agreement applies, without prejudice to any special
agreement or agreements made under Article 43.

Article 83
All functions of the United Nations relating to strategic areas, including the approval of the terms of the
trusteeship agreements and of their alteration or amendment shall be exercised by the Security Council.
The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.
The Security Council shall, subject to the provisions of the trusteeship agreements and without
prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform
those functions of the United Nations under the trusteeship system relating to political, economic,
social, and educational matters in the strategic areas.
Article 84
It shall be the duty of the administering authority to ensure that the trust territory shall play its part in
the maintenance of international peace and security. To this end the administering authority may make
use of volunteer forces, facilities, and assistance from the trust territory in carrying out the obligations
towards the Security Council undertaken in this regard by the administering authority, as well as for
local defence and the maintenance of law and order within the trust territory.

Article 85
The functions of the United Nations with regard to trusteeship agreements for all areas not designated
as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or
amendment, shall be exercised by the General Assembly.
The Trusteeship Council, operating under the authority of the General Assembly shall assist the
General Assembly in carrying out these functions.

CHAPTER XIII – THE TRUSTEESHIP COUNCIL

Article 86
1. The Trusteeship Council shall consist of the following Members of the United Nations:
1. those Members administering trust territories;
2. such of those Members mentioned by name in Article 23 as are not administering trust
territories; and
3. as many other Members elected for three-year terms by the General Assembly as may be
necessary to ensure that the total number of members of the Trusteeship Council is equally
divided between those Members of the United Nations which administer trust territories and
those which do not.
2. Each member of the Trusteeship Council shall designate one specially qualified person to represent it
therein.
FUNCTIONS AND POWERS
Article 87
The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions,
may:
1. consider reports submitted by the administering authority;
2. accept petitions and examine them in consultation with the administering authority;
3. provide for periodic visits to the respective trust territories at times agreed upon with the administering
authority; and
4. take these and other actions in conformity with the terms of the trusteeship agreements.
Article 88
 The Trusteeship Council shall formulate a questionnaire on the political, economic, social, and
educational advancement of the inhabitants of each trust territory, and the administering authority for
each trust territory within the competence of the General Assembly shall make an annual report to the
General Assembly upon the basis of such questionnaire.
VOTING
Article 89
1. Each member of the Trusteeship Council shall have one vote.
2. Decisions of the Trusteeship Council shall be made by a majority of the members present and voting.
PROCEDURE
Article 90
1. The Trusteeship Council shall adopt its own rules of procedure, including the method of selecting its
President.
2. The Trusteeship Council shall meet as required in accordance with its rules, which shall include
provision for the convening of meetings on the request of a majority of its members.
Article 91
The Trusteeship Council shall, when appropriate, avail itself of the assistance of the Economic and
Social Council and of the specialized agencies in regard to matters with which they are respectively
concerned.

2. Common Article 1 to ICCPR and ICESCR

3. Human Rights Council, General Comment 12, 1984

- The right of self-determination is of particular importance because its realization is an
essential condition for the effective guarantee and observance of individual human rights
and for the promotion and strengthening of those rights. It is for that reason that States set
forth the right of self-determination in a provision of positive law in both Covenants and
placed this provision as article 1 apart from and before all of the other rights in the two
Covenants.
- Only some reports give detailed explanations regarding each of its paragraphs. The
Committee has noted that many of them completely ignore article 1, provide inadequate
information in regard to it or confine themselves to a reference to election laws. The
Committee considers it highly desirable that States parties’ reports should contain
information on each paragraph of article 1. With regard to paragraph 1 of article 1, States
parties should describe the constitutional and political processes which in practice allow the
exercise of this right.
- Paragraph 2 affirms a particular aspect of the economic content of the right of self-
determination, namely the right of peoples, for their own ends, freely to “dispose of their
 natural wealth and resources without prejudice to any obligations arising out of international
economic cooperation, based upon the principle of mutual benefit, and international law. In
no case may a people be deprived of its own means of subsistence”. This right entails
corresponding duties for all States and the international community. States should indicate
any factors or difficulties which prevent the free disposal of their natural wealth and
resources contrary to the provisions of this paragraph and to what extent that affects the
enjoyment of other rights set forth in the Covenant.

4. UNGA Res 1514, 1541, 1803 and 2625

1514: phrased more along the lines of granting independence to colonial countries and peoples
1541: Principles which should guide Members in determining whether or not an obligation exists to
transmit the information called for under Article 73 e of the Charter
Principle V Once it has been established that such a prima facie case of geographical and
ethnical or cultural distinctness of a territory exists, other elements may then be brought into
consideration. These additional elements may be, inter alia, of an administrative, political, juridical,
economic or historical nature. If they affect the relationship between the metropolitan State and the
territory concerned in a manner which arbitrarily places the latter in a position or status of
subordination, they support the presumption that there is an obligation to transmit information under
Article 73 e of the Charter. Principle VI A Non-Self-Governing Territory can be said to have reached a
full measure of self-government by: (a) Emergence as a sovereign independent State; ( b) Free
association with an independent State; or (c) Integration with an independent State. Principle VII (a)
Free assoc1at10n should be the result of a free and voluntary choice by the peoples of the territory
concerned expressed through informed and democratic processes. It should be one which respects the
individuality and the cultural characteristics of the territory and its peoples, and retains for the peoples
of the territory which is associated with an independent State the freedom to modify the status of that
territory through the expression of their will by democratic means and through constitutional processes.
(b) The associated territory should have the right to determine its internal constitution without outside
interference, in accordance with due constitutional processes and the freely expressed wishes of the
people. This does not preclude consultations as appropriate or necessary under the terms of the free
association agreed upon. Principle VII I integration with an independent State should be on the basis of
complete equality between the peoples of the erstwhile NonSelf-Governing Territory and those of the
independent country with which it is integrated. The peoples of both territories should have equal status
and rights of citizenship and equal guarantees of fundamental rights and freedoms without any
distinction or discrimination; both should have equal rights and opportunities for representation and
effective participation at all levels in the executive, legislative and judicial organs of government.
Principle IX Integration should have come about in the following circumstances: (a) The integrating
territory should have attained an advanced stage of self-government with free political institutions, so
that its peoples would have the capacity to make a responsible choice through informed and democratic
processes; (b) The integration should be the result of the freely expressed wishes of the territory’s
peoples acting with full knowledge of the change in their status, their wishes haying been expressed
through informed and democratic processes, impartially conducted and based on universal adult
suffrage. The United Nations could, when it deems it necessary, supervise these processes. Principle X
The transmission of information in respect of Non-SelfGoverning Territories under Article 73 e of the
Charter is subject to such limitation as security and constitutional considerations may require. This
means that the extent of the iformation may be limited in certain circumstances, but the limitation in
Article 73 e cannot relieve a Member State of the obligations of Chapter XI. The "limitation" can relate
only to the quantum of information of economic, social and educational nature to be transmitted

1803: permanent sovereignty over natural resources

 2625: see intro

5. Vienna Declaration and Action for Programme

6. UN Declaration on the Rights of Indigenous Peoples, 2007

Article 3 the UNDRIP recognizes Indigenous peoples’ right to self-determination, which includes the
right “to freely determine their political status and freely pursue their economic, social and cultural
development.” Article 4 affirms Indigenous peoples’ right “to autonomy or self-government in matters
relating to their internal and local affairs,” and Article 5 protects their right “to maintain and strengthen
their distinct political, legal, economic, social and cultural institutions.” Article 26 states that
“Indigenous peoples have the right to the lands, territories and resources which they have traditionally
owned, occupied or otherwise used or acquired,” and it directs states to give legal recognition to these
territories. The Declaration does not override the rights of Indigenous peoples contained in their treaties
and agreements with individual states, and it commands these states to observe and enforce the
agreements.
State Jurisdiction
1. Article 5, United Nations Convention against Torture, 1985
 2. Treaty of Canterbury (Chunnel-Tunnel treaty), 1991 – both British and French terminals, concurrent
jurisdiction over agreed upon sections of the Tunnel running from Britain to France for the transport of
goods underground.
3. Article VI, Convention on the Prevention and Punishment of the Crime of Genocide, 1948

Persons charged with genocide or any of the other acts enumerated in article III shall
be tried by a competent tribunal of the State in the territory of which the act was
committed, or by such international penal tribunal as may have jurisdiction with respect
to those Contracting Parties which shall have accepted its jurisdiction.

4. Princeton Principles on Universal Jurisdiction, 2001

State Responsibility – PRINTED SEPARATELY

1. ILC Articles on Responsibility of States for Internationally Wrongful Acts, 12 December 2001, ILC
Yearbook 2001(II)/2, Arts. 4, 7, 10 (codification); Arts. 41, 48 (progressive development)
2. ARSWIA, 2001
Use of Force
UN Charter: Article 2 (see intro), and Chapter 7
CHAPTER VII

Article 39

The Security Council shall determine the existence of any threat to the
peace, breach of the peace, or act of aggression and shall make
recommendations, or decide what measures shall be taken in accordance
with Articles 41 and 42, to maintain or restore international peace and
security.

Article 40
In order to prevent an aggravation of the situation, the Security Council may,
before making the recommendations or deciding upon the measures
provided for in Article 39, call upon the parties concerned to comply with
such provisional measures as it deems necessary or desirable. Such
provisional measures shall be without prejudice to the rights, claims, or
position of the parties concerned. The Security Council shall duly take
account of failure to comply with such provisional measures.

Article 41

The Security Council may decide what measures not involving the use of
armed force are to be employed to give effect to its decisions, and it may call
upon the Members of the United Nations to apply such measures. These may
include complete or partial interruption of economic relations and of rail, sea,
air, postal, telegraphic, radio, and other means of communication, and the
severance of diplomatic relations.

Article 42

Should the Security Council consider that measures provided for in Article 41
would be inadequate or have proved to be inadequate, it may take such
action by air, sea, or land forces as may be necessary to maintain or restore
international peace and security. Such action may include demonstrations,
blockade, and other operations by air, sea, or land forces of Members of the
United Nations.

Article 43

1. All Members of the United Nations, in order to contribute to the

maintenance of international peace and security, undertake to make
available to the Security Council, on its call and in accordance with a
special agreement or agreements, armed forces, assistance, and
facilities, including rights of passage, necessary for the purpose of
maintaining international peace and security.
2. Such agreement or agreements shall govern the numbers and types
of forces, their degree of readiness and general location, and the
nature of the facilities and assistance to be provided.
3. The agreement or agreements shall be negotiated as soon as
possible on the initiative of the Security Council. They shall be
concluded between the Security Council and Members or between
the Security Council and groups of Members and shall be subject to
ratification by the signatory states in accordance with their
respective constitutional processes.

Article 44

When the Security Council has decided to use force it shall, before calling
upon a Member not represented on it to provide armed forces in fulfilment of
the obligations assumed under Article 43, invite that Member, if the Member
so desires, to participate in the decisions of the Security Council concerning
the employment of contingents of that Member's armed forces.

Article 45

In order to enable the United Nations to take urgent military measures,

Members shall hold immediately available national air-force contingents for
combined international enforcement action. The strength and degree of
readiness of these contingents and plans for their combined action shall be
determined within the limits laid down in the special agreement or
agreements referred to in Article 43, by the Security Council with the
assistance of the Military Staff Committee.

Article 46

Plans for the application of armed force shall be made by the Security Council
with the assistance of the Military Staff Committee.

Article 47

1. There shall be established a Military Staff Committee to advise and

assist the Security Council on all questions relating to the Security
Council's military requirements for the maintenance of international
peace and security, the employment and command of forces placed
at its disposal, the regulation of armaments, and possible
disarmament.
2. The Military Staff Committee shall consist of the Chiefs of Staff of
the permanent members of the Security Council or their
representatives. Any Member of the United Nations not permanently
represented on the Committee shall be invited by the Committee to
be associated with it when the efficient discharge of the
Committee's responsibilities requires the participation of that
Member in its work.
3. The Military Staff Committee shall be responsible under the Security
Council for the strategic direction of any armed forces placed at the
disposal of the Security Council. Questions relating to the command
of such forces shall be worked out subsequently.
4. The Military Staff Committee, with the authorization of the Security
Council and after consultation with appropriate regional agencies,
may establish regional sub-committees.

Article 48

1. The action required to carry out the decisions of the Security Council
for the maintenance of international peace and security shall be
taken by all the Members of the United Nations or by some of them,
as the Security Council may determine.
 2. Such decisions shall be carried out by the Members of the United
Nations directly and through their action in the appropriate
international agencies of which they are members.

Article 49

The Members of the United Nations shall join in affording mutual assistance
in carrying out the measures decided upon by the Security Council.

Article 50

If preventive or enforcement measures against any state are taken by the

Security Council, any other state, whether a Member of the United Nations or
not, which finds itself confronted with special economic problems arising from
the carrying out of those measures shall have the right to consult the
Security Council with regard to a solution of those problems.

Article 51

Nothing in the present Charter shall impair the inherent right of individual or
collective self-defence if an armed attack occurs against a Member of the
United Nations, until the Security Council has taken measures necessary to
maintain international peace and security. Measures taken by Members in
the exercise of this right of self-defence shall be immediately reported to the
Security Council and shall not in any way affect the authority and
responsibility of the Security Council under the present Charter to take at any
time such action as it deems necessary in order to maintain or restore
international peace and security.

UNGA Resolution 2625 – see intro

UNSC Resolutions: 217, 253, 660, 661, 678, 1368 and 1973 – refer back to notes
Report of the Independent Commission on Intervention and State Sovereignty, The Responsibility to
Protect, 2001, Chapters 1, 2, and 4 – refer back to notes
Settlement of Intl Disputes
UN Charter: Ch VI

Article 33

1. The parties to any dispute, the continuance of which is likely to

endanger the maintenance of international peace and security,
shall, first of all, seek a solution by negotiation, enquiry, mediation,
conciliation, arbitration, judicial settlement, resort to regional
agencies or arrangements, or other peaceful means of their own
choice.
2. The Security Council shall, when it deems necessary, call upon the
parties to settle their dispute by such means.
Article 34

The Security Council may investigate any dispute, or any situation which
might lead to international friction or give rise to a dispute, in order to
determine whether the continuance of the dispute or situation is likely to
endanger the maintenance of international peace and security.

Article 35

1. Any Member of the United Nations may bring any dispute, or any
situation of the nature referred to in Article 34, to the attention of
the Security Council or of the General Assembly.
2. A state which is not a Member of the United Nations may bring to
the attention of the Security Council or of the General Assembly any
dispute to which it is a party if it accepts in advance, for the
purposes of the dispute, the obligations of pacific settlement
provided in the present Charter.
3. The proceedings of the General Assembly in respect of matters
brought to its attention under this Article will be subject to the
provisions of Articles 11 and 12.

Article 36

1. The Security Council may, at any stage of a dispute of the nature

referred to in Article 33 or of a situation of like nature, recommend
appropriate procedures or methods of adjustment.
2. The Security Council should take into consideration any procedures
for the settlement of the dispute which have already been adopted
by the parties.
3. In making recommendations under this Article the Security Council
should also take into consideration that legal disputes should as a
general rule be referred by the parties to the International Court of
Justice in accordance with the provisions of the Statute of the Court.

Article 37

1. Should the parties to a dispute of the nature referred to in Article 33

fail to settle it by the means indicated in that Article, they shall refer
it to the Security Council.
2. If the Security Council deems that the continuance of the dispute is
in fact likely to endanger the maintenance of international peace
and security, it shall decide whether to take action under Article 36
or to recommend such terms of settlement as it may consider
appropriate.

Article 38
Without prejudice to the provisions of Articles 33 to 37, the Security Council
may, if all the parties to any dispute so request, make recommendations to
the parties with a view to a pacific settlement of the dispute.

Intl Courts and Tribunals

UN Charter: Articles 2(3), 33, 36(3), 92, 96

Article 92

The International Court of Justice shall be the principal judicial organ of the
United Nations. It shall function in accordance with the annexed Statute,
which is based upon the Statute of the Permanent Court of International
Justice and forms an integral part of the present Charter.

Article 96

1. The General Assembly or the Security Council may request the

International Court of Justice to give an advisory opinion on any
legal question.
2. Other organs of the United Nations and specialized agencies, which
may at any time be so authorized by the General Assembly, may
also request advisory opinions of the Court on legal questions
arising within the scope of their activities.

Statute of the International Court of Justice: Articles: 34, 36

UN General Assembly Resolution 49/75K - request for an Advisory Opinion from the International
Court of Justice on the Legality of the Threat or Use of Nuclear Weapons"