ICJ Statute and Sources of International Law

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What is the primary source of law that the ICJ applies to determine disputes under international law, according to Article 38 of the ICJ Statute?

International custom, as evidence of a general practice accepted as law

Judicial decisions and the teachings of highly qualified publicists

International conventions, whether general or particular, establishing rules expressly recognized by the contesting states (correct)

General principles of law recognized by civilized nations

What is the fundamental rule governing the law of treaties?

International custom

Vienna Convention on Treaty Law

Jus cogens

Pacta Sund Servanda (correct)

What is the main difference between law-making treaties and contract treaties?

Law-making treaties are only between states, while contract treaties are between states and individuals

Law-making treaties are bilateral, while contract treaties are multilateral

Law-making treaties establish new international laws or norms, while contract treaties regulate specific legal matters between states or individuals (correct)

Law-making treaties are governed by the Vienna Convention, while contract treaties are not

What is an example of a bilateral treaty?

Strategic Arms Reduction Treaty 2011 Signup and view all the answers

What is the purpose of Article 59 of the ICJ Statute?

To provide for the use of judicial decisions and the teachings of highly qualified publicists as secondary means for determining rules of law Signup and view all the answers

What is the primary focus of customary law?

Understanding conduct in war and peace Signup and view all the answers

In the Asylum case of 1950, what was the reason for not establishing a regional custom?

Inconsistent and uniform usage by the relevant states Signup and view all the answers

According to the North Sea Continental Shelf Case, what is required for usage to be considered widespread and representative?

That some states have a heavier footprint than others Signup and view all the answers

What is the purpose of opinio juris in customary law?

To distinguish between rules and habits Signup and view all the answers

What is the challenge surrounding the requirement of opinio juris, as described by Lauterpacht?

Determining the opinio juris of a state in the early days of a new rule Signup and view all the answers

ICJ Statute and Sources of International Law

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Questions and Answers

What is the primary source of law that the ICJ applies to determine disputes under international law, according to Article 38 of the ICJ Statute?

What is the fundamental rule governing the law of treaties?

What is the main difference between law-making treaties and contract treaties?

What is an example of a bilateral treaty?

What is the purpose of Article 59 of the ICJ Statute?

What is the primary focus of customary law?

In the Asylum case of 1950, what was the reason for not establishing a regional custom?

According to the North Sea Continental Shelf Case, what is required for usage to be considered widespread and representative?

What is the purpose of opinio juris in customary law?

What is the challenge surrounding the requirement of opinio juris, as described by Lauterpacht?

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