History of International Law
40 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What term describes the lack of a global governing authority over sovereign entities?

  • Federal System
  • Global Leviathan (correct)
  • International Tribunal
  • Universal Sovereignty

    • Which of the following best describes early manifestations of international law?

  • Uniform laws applicable to all nations
  • An egalitarian legal system for all states
  • Extended municipal laws governing larger sovereign entities (correct)
  • Comprehensive treaties between global powers

    • What was a significant factor in the formation of the Amphictyonic League among Greek city-states?

  • Common language and philosophy (correct)
  • Religious unification
  • Military alliances
  • Economic superiority

    • What concept did the Roman Empire introduce to differentiate between universal laws and laws specific to a state?

    <p>Jus gentium</p> Signup and view all the answers

    What challenge did the Roman Catholic Church face in establishing a legal order after the fall of Rome?

    <p>Decline of the Latin language</p> Signup and view all the answers

    Why were early forms of international law not considered truly international?

    <p>They were only applicable to certain groups</p> Signup and view all the answers

    What led to the necessity of rules-based systems in early civilizations?

    <p>Interactions concerning warfare and commerce</p> Signup and view all the answers

    What was a consequence of different moral and economic values among human organizations?

    <p>Inability to impose internal rules on others</p> Signup and view all the answers

    Which entities may possess legal personality in international law apart from States?

    <p>International organizations and belligerent communities</p> Signup and view all the answers

    What is an essential element of statehood regarding the population?

    <p>A permanent population capable of maintaining law and order</p> Signup and view all the answers

    Which theory states that recognition of a state depends on its possession of the required elements?

    <p>Declaratory Theory</p> Signup and view all the answers

    What is a significant limitation on individual legal personality in international law?

    <p>Individuals have legal personality limited to specific disputes such as human rights</p> Signup and view all the answers

    Which of the following is not an element of statehood?

    <p>Affiliation with international organizations</p> Signup and view all the answers

    Which government policy influences recognition of Taiwan?

    <p>One-China Policy</p> Signup and view all the answers

    What distinction does Constitutive Theory make regarding recognition?

    <p>Recognition may occur even if an entity lacks all elements of statehood</p> Signup and view all the answers

    Which entity is a recognized belligerent community in international law?

    <p>Hamas government of Gaza</p> Signup and view all the answers

    What was the main purpose of the Taiwan Relations Act?

    <p>To maintain economic and legal relationships with Taiwan despite its de-recognition.</p> Signup and view all the answers

    What significant action did the US take regarding its defense commitments to Taiwan?

    <p>The Mutual Defense Treaty with the Republic of China was abrogated.</p> Signup and view all the answers

    Which of the following is true about customary law?

    <p>It is based on consistent state behavior and the belief that such behavior is legally obligatory.</p> Signup and view all the answers

    What was one of the provisions included in the Taiwan Relations Act regarding defense?

    <p>It allowed the US to sell arms to Taiwan.</p> Signup and view all the answers

    What is NOT a primary source of international law?

    <p>Legal analyses and commentaries.</p> Signup and view all the answers

    What did the shift in recognition from the Republic of China to the People's Republic of China signify for Taiwan?

    <p>Taiwan received continued economic and legal support through alternative relations.</p> Signup and view all the answers

    What does 'opinio juris' refer to in the context of customary law?

    <p>The belief that a practice is obligatory under law.</p> Signup and view all the answers

    Which of the following statements is accurate about the Philippines' diplomatic relations with Taiwan?

    <p>The Philippines does not recognize Taiwan's government under its One-China policy.</p> Signup and view all the answers

    What principle does diplomatic immunity uphold?

    <p>Allows diplomats to exercise their functions freely.</p> Signup and view all the answers

    What was the outcome of Liang v. People regarding the Asian Development Bank official's slander?

    <p>The official was liable for slander as the immunity did not cover it.</p> Signup and view all the answers

    What is the English Rule regarding foreign merchant vessels in the Philippines?

    <p>The law of the coastal state applies to all offenses committed on the vessel.</p> Signup and view all the answers

    What precedent does Tubb and Tedrow v. Griess establish regarding foreign armies?

    <p>Foreign armies are exempt from civil and criminal jurisdiction when permitted by the host state.</p> Signup and view all the answers

    What type of vessels are exempt from jurisdiction when operating for non-commercial purposes?

    <p>Warships and public vessels of another State.</p> Signup and view all the answers

    Under what condition may crewmembers of foreign warships lose their immunity?

    <p>When they are off-duty or on furlough.</p> Signup and view all the answers

    What is a key characteristic of the immunity granted to officers of international organizations?

    <p>It applies only during official duties and not personal conduct.</p> Signup and view all the answers

    What does the term 'innocent passage' mean in relation to foreign merchant vessels?

    <p>The vessel must not pose a threat to the peace of the port.</p> Signup and view all the answers

    What does the protective principle allow a State to do regarding acts committed abroad?

    <p>Exercise jurisdiction over acts prejudicial to its national interests</p> Signup and view all the answers

    In the case of Attorney General v. Adolf Eichmann, what was the basis for Israel's jurisdiction over Eichmann?

    <p>He committed acts against Israel's national security</p> Signup and view all the answers

    What was significant about the Somchai Liangsiriprasert case regarding jurisdiction?

    <p>The acts were committed outside of Hong Kong but still fell under local jurisdiction</p> Signup and view all the answers

    Which of the following is NOT a criterion under which Philippine courts have jurisdiction according to the Revised Penal Code?

    <p>Crimes committed by non-citizens abroad</p> Signup and view all the answers

    What does the Effects Doctrine state regarding a State's jurisdiction?

    <p>Jurisdiction is based on the impact of acts felt within the territory</p> Signup and view all the answers

    How did the Hong Kong Court of Appeal justify its jurisdiction in the Somchai case?

    <p>Because of the links to the drug trade threat to Hong Kong</p> Signup and view all the answers

    What can be inferred about the protective principle in international law?

    <p>It is utilized in response to foreign acts that threaten a nation</p> Signup and view all the answers

    Which of the following actions would NOT typically fall under the protective principle?

    <p>Civil disputes involving foreign nationals</p> Signup and view all the answers

    Study Notes

    History of International Law

    • International law developed due to the interactions between sovereign entities in areas like warfare and commerce.
    • Early civilizations needed internal rules-based systems to manage scarce resources.
    • These rules-based systems were often derived from political structures or religious beliefs.
    • As civilizations expanded, they couldn't impose their own internal rules on others with different values.

    Early Manifestations of International Law

    • Greek city-states formed the Amphictyonic League - a common federal system.
    • This was facilitated by a shared language (Greek) and unifying philosophy.
    • The Roman Republic/Empire had the concept of jus gentium - a natural law for all people.
    • Jus civile was specific to each state/people.
    • The Roman Catholic Church established a legal religious order in Europe after the fall of Rome.
    • These early examples were extensions of municipal laws, not true “international law.”

    Elements of Statehood

    • A state needs a permanent population, a defined territory, a government, and the capacity to enter into relations with other states.
    • Sovereignty (independence from external control) is crucial.

    Theories on State Recognition

    • Declaratory Theory: Recognition of a state depends on it possessing the elements of statehood, regardless of recognition by other states.
    • Constitutive Theory: Recognition by other states constitutes a state.

    The Case of Taiwan

    • The One-China Policy is followed by many countries, including the Philippines and the US.
    • The People's Republic of China is recognized as the official representative of China in the UN.
    • This shifted following Richard Nixon and Henry Kissinger's US pivot to China.
    • The US passed the Taiwan Relations Act to maintain unofficial relations with Taiwan but abrogated a Mutual Defense Treaty with Taiwan.

    Taiwan Relations Act

    • It allows for economic and legal relationships with Taiwan, even if it is not officially recognized as a state.
    • It allows for the US to sell arms to Taiwan but is vague on its defense commitments.

    Sources of International Law

    • Primary sources:
      • Treaties: Bilateral and multilateral treaties create, clarify, or codify obligations between states.
      • Customary Law: Formed by consistent state behavior and the belief that it is obligatory (opinio juris).
      • Generally accepted principles: Derived from natural law found in multiple legal systems.

    Protective Principle

    • A State can exercise jurisdiction over acts committed abroad that harm its national security, territorial integrity, or other vital interests.

    Exemptions From Jurisdiction

    • Diplomatic Immunity: Customary international law protects diplomats and their families to ensure their dignity and freedom of movement.
    • Immunity of International Organizations: The UN, its organs, and other international bodies have immunity and their officials enjoy protection under the UN Charter.
    • Foreign Merchant Vessels:
      • The Philippines follows the English Rule (law of the coastal state applies unless the peace of the port is disrupted).
      • The French Rule (flag State of the ship has jurisdiction) is not followed in the Philippines.
    • Foreign Armies: Armies allowed to pass through or be stationed in a territory are exempt from jurisdiction.
    • Warships and Other Public Vessels: Non-commercial vessels are exempt, but crewmembers on shore duty may not be immune if they are off-duty or on furlough.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    International Business Agreements Modules 1-3 PDF

    Description

    Explore the evolution of international law from early civilizations to the Roman Empire and beyond. This quiz examines how sovereign entities established rules-based systems to navigate interactions in warfare and commerce. Test your knowledge on key developments and concepts that shaped legal frameworks across nations.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser