![]() At one point the situation escalates and Rotania threatens to enforce its rights through bombing parts of Adova. (5 pts)Īdova and Rotania have a legal dispute concerning the border between the two countries. Assess the legal validity of the Government’s second argument regarding the state of emergency. ![]() Explain what rules of public international law apply to questions of interpretation of treaty provisions. The Government’s first argument regards the precise meaning of torture and the scope of the torture prohibition.The government of Aspatria denies these accusations and states that: (i) the interrogation techniques used by the Aspatrian authorities do not amount to torture within the meaning of the ICCPR and (ii) Aspatria is presently at war with a neighbouring state and has proclaimed a state of emergency, accordingly it is line with the ICCPR temporarily not obliged to uphold the prohibition of torture. Explain whether or not in the view of the ICJ its “provisional measures” are binding.Īspatria, a UN member state and a state party to the International Covenant on Civil and Political Rights (ICCPR), is accused by several human rights NGOs of breaching the prohibition of torture.Explain under what circumstances the ICJ has jurisdiction to settle an inter-state dispute.The International Court of Justice (ICJ) has no so-called compulsory jurisdiction. Explain, with the help of at least one concrete example, what fragmentation of international law means in the light of proliferation of courts and tribunals.One of the often-mentioned consequences of this process is fragmentation of international law. Since the second half of the twentieth century international courts and tribunals have proliferated. Explain at least two legal effects of the fact that the prohibition of genocide is a jus cogens norm.The prohibition of genocide is considered to be a jus cogens norm.
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