History of International Law
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History of International Law

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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.

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    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.

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