国际法作业(1)

1.when is legal for a state to use force?
CHARTER OF THE UNITED NATIONS（联合国宪章）
四十一条
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.
安全理事会决定使用武力时，于要求非安全理事会会员国依第四十三条供给军队以履行其义务之前，如经该会员国请求，应请其遣派代表，参加安全理事会关于使用其军事部队之决议。

四十五条
In order to enable the 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 Committee.
为使联合国能采取紧急军事办法起见，会员国应将其本国空军部队为国际共同执行行动随时供给调遣。

此项部队之实力与准备之程度，及其共同行动之计划，应由安全理事会以军事参谋团之协助，在第四十三条所指之特别协定范围内决定之。

第四十六条
Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.
武力使用之计划应由安全理事会以军事参谋团之协助决定之。

第五十一条
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.
联合国任何会员国受武力攻击时，在安全理事会采取必要办法，以维持国际和平及安全以前，本宪章不得认为禁止行使单独或集体自卫之自然权利。

会员国因行使此项自卫权而采取之办法，应立向安全理事会报告，此项办法于任何方面不得影响该会按照本宪章随时采取其所认为必要行动之权责，以维持或恢复国际和平及安全。

2.When does the international court of justice have jurisdiction over
a case?
STATUTE OF THE INTERNATIONAL COURT OF JUSTICE（国际法院约规）
第三十六条
一．法院之管辖包括各当事国提交之一切案件，及联合国宪章或现行条约及协约中所特定之一切事件。

The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.
3.when is a treaty binding a state?
（Vienna Convention on the Law of Treaties维也纳条约法公约）
Full powers
1. A person is considered as representing a State for the purpose of adopting or authenticating the text of a treaty or for the purpose of expressing the consent of the State to be bound by a treaty if:
(a) he produces appropriate full powers; or
(b) it appears from the practice of the States concerned or from other circumstances that their intention was to consider that person as representing the State for such purposes and to dispense with full powers.
第七条全权证书
一、任一人员如有下列情况之一，视为代表一国议定或认证条约约文或表示该国承受条约拘束之同意：（甲）出具适当之全权证书；或（乙）由于有关国家之惯例或由于其他情况可见其此等国家之意思系认为该人员为此事代表该国而可免除全权证书。