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Questions and Answers
What does the term 'Pacta Sunt Servanda' signify in international law?
What does the term 'Pacta Sunt Servanda' signify in international law?
- Agreements can be violated for national interests
- Agreements must be kept (correct)
- Agreements are non-binding in times of war
- Agreements must be enforced by any means necessary
Which doctrine denies the recognition of governments that come to power through military force?
Which doctrine denies the recognition of governments that come to power through military force?
- Stimson Doctrine
- Wilson/Tobar Doctrine
- Lauterpacht Doctrine
- Betancourt Doctrine (correct)
What is the primary function of national law?
What is the primary function of national law?
- Regulate individuals among themselves or within the state (correct)
- Regulate relations between states
- Regulate international treaties between states
- Establish international customs
The term 'statelessness' refers to which of the following conditions?
The term 'statelessness' refers to which of the following conditions?
Which of the following statements accurately describes 'international customs'?
Which of the following statements accurately describes 'international customs'?
What does the Wilson/Tobar Doctrine stipulate?
What does the Wilson/Tobar Doctrine stipulate?
Which principle states that treaties bind only the parties involved?
Which principle states that treaties bind only the parties involved?
What does the Stimson Doctrine assert regarding governments established through foreign aggression?
What does the Stimson Doctrine assert regarding governments established through foreign aggression?
What is the primary goal of international environmental law?
What is the primary goal of international environmental law?
What defines the Exclusive Economic Zone (EEZ)?
What defines the Exclusive Economic Zone (EEZ)?
Which article of the UN Charter discusses the right to existence and self-defense for states?
Which article of the UN Charter discusses the right to existence and self-defense for states?
What does the term 'intervention' refer to in the context of the rights of states?
What does the term 'intervention' refer to in the context of the rights of states?
Which of the following is not considered a right of states?
Which of the following is not considered a right of states?
What is an archipelagic state?
What is an archipelagic state?
What does aggression entail according to international law?
What does aggression entail according to international law?
Which of the following roles does the baseline serve in maritime law?
Which of the following roles does the baseline serve in maritime law?
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Study Notes
International Law
- Regulates the relations between states and international persons
National Law
- Regulates individuals among themselves or within the state
Treaty
- Written international agreement between states
- Governed by international law
International Custom
- Also known as Customary Law
Pacta Sunt Servanda
- "Agreements must be kept"
Pacta tertiis nocent nec prosunt
- "A treaty binds the parties and only the parties"
Rebuc Sic Stantibus
- "Things standing thus"
States
- Entities with rights and responsibilities under international law
- Can maintain rights by bringing international claims
Concordat
- Treaty or agreement between the Pope and a state or government
- Deals with religious matters
Refugee
- Person outside their country of nationality
- Fear persecution for reasons of race, religion, nationality, social group, or political opinion
Wilson/Tobar Doctrine
- Precludes recognition of governments established by revolutions, civil wars, coups, or internal violence
- Recognition only after free elections establish a constitutional government
Betancourt Doctrine
- Denies diplomatic recognition to any regime (right or left) that came to power by military force
Lauterpacht Doctrine
- Precludes the recognition of an entity not legally a state
- Recognizes as an abuse of the power of recognition
Stimson Doctrine
- Precludes recognition of governments established through external aggression
Statelessness
- Lack of nationality
- Occurs at birth or through deprivation or loss of nationality
Nationality
- State of being part of a nation
- Achieved through birth, naturalization, or ties to a specific nation
International Convention
- Also known as international treaties
Population
- Most obvious essential element for a state
Law of the Sea
- Body of international rules
- Binds states and other subjects of international law in maritime affairs
Baseline
- Line from which the outer limits of a state's marine space are measured
Archipelagic state
- State constituted wholly by one or more archipelagos
- May include other islands
International Environmental Law
- Branch of public international law
- Primary goal is environmental protection
Territorial Sea
- Comprises the seabed, subsoil, adjacent waters, and airspace
- Extends 12 nautical miles from the baseline
Exclusive Economic Zone (EEZ)
- Area beyond the territorial sea extending 200 nautical miles from the baseline
Universal Declaration of Human Rights (UDHR)
- Declaration of generally accepted principles of human rights
Rights of States
- Right to independence: Freedom from control by other states or groups of states
- Right to equality: All states are equal in international law
- Right to existence and self-defense: States can take measures to counteract threats to their survival
- Right to territorial integrity and jurisdiction: Encompasses a state's land, sea, air, and space
- Right to legation: Right to send and receive diplomatic missions
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