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?

  • 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?

    <p>Strategic Arms Reduction Treaty 2011</p> Signup and view all the answers

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

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

    What is the primary focus of customary law?

    <p>Understanding conduct in war and peace</p> Signup and view all the answers

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

    <p>Inconsistent and uniform usage by the relevant states</p> 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?

    <p>That some states have a heavier footprint than others</p> Signup and view all the answers

    What is the purpose of opinio juris in customary law?

    <p>To distinguish between rules and habits</p> Signup and view all the answers

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

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

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