Case Law Week 7-13: Treaties & State Responsibility

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Questions and Answers

What is a primary aim of global administrative law (GAL)?

To ensure global institutions are legally and ethically accountable (correct)

To legalize discretionary power without oversight

To diminish public participation in governance

To promote unchecked governmental authority

Which of the following best describes a challenge addressed by global administrative law?

Limiting access to legal norms

The democratic deficit and sovereignty concerns (correct)

Increased bureaucratic inefficiency

Reduction of transparency in public governance

Which of the following mechanisms is not a core component of global administrative law?

Judicial review

Access to information

Public participation

Access to shadow information (correct)

How does administrative law primarily serve the public?

By ensuring governmental actions are lawful, reasonable, and transparent Signup and view all the answers

Which of the following is a distinguishing feature of administrative authorities?

They possess discretionary powers in decision-making Signup and view all the answers

What is a fundamental characteristic of freedom of information laws?

They provide the public with access to information held by governmental bodies Signup and view all the answers

Which aspect of global administrative law helps to balance transparency and efficiency?

Mandatory transparency provisions and logical procedures for decision-making Signup and view all the answers

Which of the following describes a misconception regarding the role of administrative law?

It serves to promote illegal and unaccountable government action Signup and view all the answers

What is a core principle of Global Administrative Law (GAL) regarding organizational processes?

Global institutions should operate transparently. Signup and view all the answers

Which of the following describes a major challenge to transparency in Global Administrative Law?

The complexity of the transnational governance landscape. Signup and view all the answers

What is the role of Freedom of Information laws in the context of Global Administrative Law?

They promote transparency and accountability. Signup and view all the answers

Which institution is specifically mentioned as a focal point of Global Administrative Law?

World Trade Organization (WTO) Signup and view all the answers

How does GAL seek to balance transparency and efficiency in global governance?

By allowing for streamlined procedures that still incorporate transparency. Signup and view all the answers

What phenomenon has led to the emergence of Global Administrative Law?

Increasing transnational problems due to globalization. Signup and view all the answers

Which element is considered a key component of the rule-making process in GAL?

Treaties, regulations, decisions, or standards. Signup and view all the answers

What is a significant gap that GAL addresses in international governance?

The need to manage the powers of global institutions effectively. Signup and view all the answers

What is a primary purpose of public participation in Global Administrative Law?

To enhance decision-making through broader stakeholder input Signup and view all the answers

Which mechanism is NOT part of the judicial review processes in Global Administrative Law?

Independent investigation committees Signup and view all the answers

What challenge does Global Administrative Law face regarding transparency?

Balancing transparency with efficiency in decision-making Signup and view all the answers

Which of the following is a key function of accountability frameworks in Global Administrative Law?

To monitor the actions of global institutions Signup and view all the answers

What aspect of Global Administrative Law specifically addresses individual rights?

World Bank Inspection Panel Signup and view all the answers

Which global institution is responsible for ensuring that international human rights treaties are monitored?

UN Treaty Bodies Signup and view all the answers

One of the challenges Global Administrative Law addresses is the governance gap left by which of the following?

Traditional international law Signup and view all the answers

What is considered critical for the evolution of Global Administrative Law in the 21st century?

Developing global legal norms for accountability Signup and view all the answers

Study Notes

Case Law Week 7-13: Treaties, Successive Treaties, and State Responsibility

The Gabcikovo-Nagymaros Project (Hungary/Slovakia) case (1997) involved a treaty breach concerning the construction of a dam on the Danube River.
Hungary suspended the project, citing environmental concerns and Slovakia's non-compliance with the treaty terms.
Slovakia argued that the suspension was unjustified.
The court ruled that Hungary's suspension was a breach of the treaty.
Impossibility of performance was not a valid argument.
A fundamental change of circumstances did not justify the suspension.
The 1977 treaty outlining obligations for completion of the project was breached.
The court found no absolute impossibility of completing the project.

International Responsibility and Sanctions

Circumstances precluding wrongfulness in state responsibility were discussed.
Conditions for application are related to state responsibility.

International Court of Justice (ICJ)

The ICJ is comprised of 15 judges from different countries, elected to 9-year terms.
Judges represent global legal traditions and expertise.
Disagreements within judgments are detailed in dissenting or concurring opinions.
The Court's jurisdiction depends on the consent of states. This may occur via treaty or special agreement.
The court's role is primarily one of adjudication.
Enforcement of ICJ rulings can be challenging.
The optional clause in the statute allows states to recognize the court's authority to hear cases.

Dispute Settlement Mechanisms

Diplomatic dispute settlement involves negotiations, mediation, and conciliation.
Judicial dispute settlements involve courts like the ICJ, and decisions are legally binding.
Hybrid models are possible combining both methods.
The choice between diplomatic and judicial settlement is determined by the circumstances, interests involved, and willingness of states to engage in cooperation.
Procedural rules, state preferences, and financial constraints can all affect the resolution approach.

Constitutional Constraints in International Law

Constitutional limitations in each country influence how international law is implemented domestically.
Parlimentary approval for treaty ratification and judicial review are examples.
International law can be interpreted with constitutional frameworks in mind.
Conflicts between national and international law can be resolved through different mechanisms, depending on legal systems (monist or dualist).
The relationship between national courts and the application of international legal principles needs to be understood as a dynamic interaction, often influenced by constitutional principles.

Global Administrative Law (GAL)

GAL is a growing body of rules managing actions of international institutions.
Key features include transparency, accountability, due process, and legitimacy.
GAL operates within the confines of both national and international legal systems.
The application of GAL principles is influenced by international cooperation and emerging technologies.
There is a lack of effective legal frameworks in different regions hindering transparency and accountability.

Administrative Law

Administrative law is the body of law governing government agencies.
Its sources include legislation, administrative regulations, case law, and conventions.
Its functions include power-regulation, accountability assurance, and remedies provision.
Important principles include legality, transparency, proportionality, fairness, and due process.
Judicial review is a critical mechanism for oversight of administrative actions.
Administrative law principles apply in various contexts and offer differing mechanisms in different regions of the world.

Precautionary Principle in EU Law

The precautionary principle in EU law is based on precaution regarding environmental and public health concerns.
This principle allows for regulatory action even when the scientific evidence isn't definitive.
Key elements include scientific uncertainty, potential harm, proportionality, and appropriate action.
The principle is widely used in areas such as environmental protection, food safety, and chemicals regulation.
The application of the principle often involves balancing different factors, including potential risks, scientific uncertainty, and economic considerations.
Criticism of over-caution and uncertainty surrounding application.

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Description

Explore the intricacies of international law with this quiz focused on the Gabcikovo-Nagymaros Project case and the principles of state responsibility. Dive into how treaties are enforced and the implications of breaches on state behavior. Test your understanding of case law and the framework of international legal obligations.