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Questions and Answers
Which theorist expanded the scope of international law to incorporate laws regulating actions transcending national borders, encompassing both public and private international law?
Which theorist expanded the scope of international law to incorporate laws regulating actions transcending national borders, encompassing both public and private international law?
- Jeremy Bentham
- Lassa Oppenheim
- Hans Kelsen
- Philip Jessup (correct)
A state ratifies a treaty but its domestic laws conflict with the treaty's provisions. According to the monist theory, what is the likely outcome?
A state ratifies a treaty but its domestic laws conflict with the treaty's provisions. According to the monist theory, what is the likely outcome?
- The treaty is invalid until the state amends its domestic laws to comply.
- The treaty is interpreted in a way that aligns with existing domestic laws.
- The treaty and the domestic laws coexist, with the state deciding which to apply.
- The treaty automatically becomes part of domestic law and takes precedence over conflicting domestic laws. (correct)
Which theory of international law aligns most closely with the idea that international legal obligations are derived from the consensus and practices of states, rather than inherent moral principles?
Which theory of international law aligns most closely with the idea that international legal obligations are derived from the consensus and practices of states, rather than inherent moral principles?
- Eclectic Theory
- Positivist Theory (correct)
- Natural Law Theory
- Consent Theory
A non-state actor, such as an international NGO, actively participates in drafting and monitoring environmental protection agreements between multiple countries. How does this align with modern perspectives on international law?
A non-state actor, such as an international NGO, actively participates in drafting and monitoring environmental protection agreements between multiple countries. How does this align with modern perspectives on international law?
A country signs a treaty on human rights but requires specific legislation to implement the treaty's provisions within its domestic legal system. Which theory best describes this approach?
A country signs a treaty on human rights but requires specific legislation to implement the treaty's provisions within its domestic legal system. Which theory best describes this approach?
Which of the following best exemplifies the 'harmonization approach' in the relationship between international and municipal law?
Which of the following best exemplifies the 'harmonization approach' in the relationship between international and municipal law?
Which of the following most accurately reflects the Eclectic Theory of international law?
Which of the following most accurately reflects the Eclectic Theory of international law?
According to the concept of state sovereignty in international law, which of the following actions would generally be considered a violation of another state's sovereignty?
According to the concept of state sovereignty in international law, which of the following actions would generally be considered a violation of another state's sovereignty?
Jeremy Bentham's definition of international law primarily focuses on:
Jeremy Bentham's definition of international law primarily focuses on:
Which of the following is a key criterion states must meet to be recognized as subjects of international law, according to the Montevideo Convention?
Which of the following is a key criterion states must meet to be recognized as subjects of international law, according to the Montevideo Convention?
Flashcards
Bentham's definition of International Law
Bentham's definition of International Law
Collection of rules governing relations between states, excluding individuals and international organizations.
Oppenheim's definition of International Law
Oppenheim's definition of International Law
Law between sovereign and equal states, based on common consent, emphasizing state sovereignty and mutual agreement.
Jessup's definition of Transnational Law
Jessup's definition of Transnational Law
Includes all laws regulating actions or events transcending national frontiers, encompassing both public and private international law.
Modern Perspective of International Law
Modern Perspective of International Law
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Natural Law Theory
Natural Law Theory
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Positivist Theory
Positivist Theory
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Eclectic Theory
Eclectic Theory
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Consent Theory
Consent Theory
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Monist Theory
Monist Theory
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Dualist Theory
Dualist Theory
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Study Notes
Definition of International Law by Various Jurists
- International law has been defined by several jurists, reflecting its evolution and scope.
- Jeremy Bentham coined the term "international law."
- Bentham defined international law as a collection of rules governing relations between states.
- Bentham's definition is foundational but is criticized for excluding individuals and international organizations.
- Lassa Oppenheim described international law as "a law between sovereign and equal states based on the common consent of these states."
- Oppenheim's definition emphasizes state sovereignty and mutual agreement.
- Oppenheim's definition aligns with classical positivist thought.
- Philip Jessup expanded the scope by introducing "transnational law."
- Jessup's definition includes all laws regulating actions or events transcending national frontiers.
- Jessup's definition encompasses both public and private international law
- The modern perspective understands international law as a set of rules, norms, and principles that apply not only to states but also to international organizations, individuals, and non-state actors.
- The modern perspective covers a wide range of issues like human rights, trade, and environmental protection.
Theories on the Basis of International Law
- Several theories explain the foundation of international law.
Natural Law Theory
- Asserts that international law is derived from universal moral principles inherent in human nature.
- Emphasizes justice, ethical considerations, and the idea that certain rights are inalienable (e.g., human rights).
Positivist Theory
- Views international law as arising from explicit agreements (treaties) or customs among sovereign states.
- Emphasizes state consent as the basis for binding obligations.
Eclectic Theory
- Combines elements of natural law and positivism.
- Suggests that international law is both a product of state consent (positivism) and moral principles (natural law).
Consent Theory
- Focuses on the idea that states are bound by international law because they have explicitly or implicitly consented to it through treaties or customary practices.
Theories on the Relationship Between Municipal Law and International Law
- The interaction between domestic (municipal) law and international law is explained through three main theories:
Monist Theory
- Argues that municipal and international laws form a single legal system.
- International law is superior, meaning domestic laws must align with it.
- Treaties automatically become part of domestic law without additional legislation.
Dualist Theory
- Treats municipal and international laws as separate systems.
- International laws require specific incorporation into domestic legal systems to be enforceable.
- A treaty must be ratified by national legislation before it has domestic effect.
Harmonization Approach
- Suggests a dynamic interaction between domestic and international laws.
- Mechanisms exist to resolve conflicts between them while maintaining their distinct identities.
Subjects of International Law
- The subjects of international law have expanded beyond traditional state-centric views:
States
- Traditionally considered the primary subjects.
- States must meet criteria like sovereignty, defined territory, population, and recognition (Montevideo Convention).
International Organizations
- Entities like the United Nations (UN) have rights and duties under international law.
- They play roles in enforcing treaties, resolving disputes, and addressing global issues such as health crises (e.g., WHO) or trade conflicts (e.g., WTO).
Individuals
- Increasingly recognized as subjects in areas like human rights (e.g., Universal Declaration of Human Rights) and criminal accountability (e.g., ICC prosecutions for war crimes).
Non-State Actors
- Includes multinational corporations, NGOs, liberation movements, and other entities influencing global governance in areas like environmental protection or humanitarian aid.
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