Podcast
Questions and Answers
Which of the following principles aims to prevent environmental harm from being caused by one state to another?
Which of the following principles aims to prevent environmental harm from being caused by one state to another?
What was the main outcome of the 1972 Stockholm Conference?
What was the main outcome of the 1972 Stockholm Conference?
Which of the following elements is NOT a key aspect of sustainable development?
Which of the following elements is NOT a key aspect of sustainable development?
Which principle encourages proactive measures even when scientific certainty about environmental risks is lacking?
Which principle encourages proactive measures even when scientific certainty about environmental risks is lacking?
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What is the primary focus of International Environmental Law (IEL)?
What is the primary focus of International Environmental Law (IEL)?
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Which legal document established the principle of state responsibility for transboundary pollution?
Which legal document established the principle of state responsibility for transboundary pollution?
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Which principle suggests that those who benefit from using natural resources should also bear the costs of their exploitation?
Which principle suggests that those who benefit from using natural resources should also bear the costs of their exploitation?
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Which of the following conferences emphasized the importance of sustainable development?
Which of the following conferences emphasized the importance of sustainable development?
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What defines an International Armed Conflict (IAC)?
What defines an International Armed Conflict (IAC)?
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Which principle of international humanitarian law (IHL) emphasizes the distinction between civilians and combatants?
Which principle of international humanitarian law (IHL) emphasizes the distinction between civilians and combatants?
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What is the role of the International Criminal Court (ICC) when a state is unwilling to prosecute crimes?
What is the role of the International Criminal Court (ICC) when a state is unwilling to prosecute crimes?
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Which of the following crimes fall under the jurisdiction of the ICC based on Ratione Materiae?
Which of the following crimes fall under the jurisdiction of the ICC based on Ratione Materiae?
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What type of conflict does the Hague Law primarily regulate?
What type of conflict does the Hague Law primarily regulate?
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What does the principle of proportionality in IHL address?
What does the principle of proportionality in IHL address?
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What constitutes individual criminal responsibility under the ICC?
What constitutes individual criminal responsibility under the ICC?
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What is an important criterion for a conflict to be classified as Non-International Armed Conflict (NIAC)?
What is an important criterion for a conflict to be classified as Non-International Armed Conflict (NIAC)?
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What must law enforcement agencies utilize before resorting to lethal force?
What must law enforcement agencies utilize before resorting to lethal force?
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Which of the following statements regarding the death penalty is correct?
Which of the following statements regarding the death penalty is correct?
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What does the principle of proportionality entail in the context of law enforcement use of lethal force?
What does the principle of proportionality entail in the context of law enforcement use of lethal force?
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What is considered torture within the context discussed?
What is considered torture within the context discussed?
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Which treaty specifically addresses the prohibition against torture and inhumane treatment?
Which treaty specifically addresses the prohibition against torture and inhumane treatment?
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What is a core characteristic of degrading treatment?
What is a core characteristic of degrading treatment?
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What obligation exists regarding the treatment of individuals who are at risk of lethal violence?
What obligation exists regarding the treatment of individuals who are at risk of lethal violence?
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What obligation do states have under the negative duty to respect human rights?
What obligation do states have under the negative duty to respect human rights?
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What is the primary difference between International Human Rights Law (IHRL) and International Humanitarian Law (IHL)?
What is the primary difference between International Human Rights Law (IHRL) and International Humanitarian Law (IHL)?
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Which of the following best describes the duty bearers in Human Rights Law?
Which of the following best describes the duty bearers in Human Rights Law?
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Which rights are considered absolute rights under Human Rights Law?
Which rights are considered absolute rights under Human Rights Law?
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What is the primary function of the European Court of Human Rights?
What is the primary function of the European Court of Human Rights?
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Which of the following is a characteristic of treaties monitored by independent bodies in the IHRL framework?
Which of the following is a characteristic of treaties monitored by independent bodies in the IHRL framework?
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What type of obligation does the state have regarding negative obligations in Human Rights Law?
What type of obligation does the state have regarding negative obligations in Human Rights Law?
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Which generation of human rights includes solidarity rights?
Which generation of human rights includes solidarity rights?
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Which of the following statements about the right to life is not accurate?
Which of the following statements about the right to life is not accurate?
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What is required for a state to invoke reservations during the treaty-making process?
What is required for a state to invoke reservations during the treaty-making process?
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Which of the following regions has a human rights system that is not binding?
Which of the following regions has a human rights system that is not binding?
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What is a characteristic of the Inter-American Commission on Human Rights (IACHR)?
What is a characteristic of the Inter-American Commission on Human Rights (IACHR)?
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Which of the following describes a persistent objector in international law?
Which of the following describes a persistent objector in international law?
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What characterizes qualified rights in the context of IHRL?
What characterizes qualified rights in the context of IHRL?
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What does the right to liberty primarily refer to?
What does the right to liberty primarily refer to?
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Which of the following correctly describes a deprivation of liberty?
Which of the following correctly describes a deprivation of liberty?
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What is one characteristic of the right to fair trial?
What is one characteristic of the right to fair trial?
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What type of action is prohibited under the obligations related to the right to liberty?
What type of action is prohibited under the obligations related to the right to liberty?
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What does substantive equality encompass?
What does substantive equality encompass?
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Under which conditions can a state derogate from the right to liberty?
Under which conditions can a state derogate from the right to liberty?
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Which of the following is an obligation tied to the right to fair trial?
Which of the following is an obligation tied to the right to fair trial?
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What is a required element for institutional safeguards in a fair trial?
What is a required element for institutional safeguards in a fair trial?
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Which treaty explicitly mentions the prohibition of discrimination?
Which treaty explicitly mentions the prohibition of discrimination?
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What is an example of indirect discrimination?
What is an example of indirect discrimination?
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What is one requirement for military courts trying civilians?
What is one requirement for military courts trying civilians?
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Which element is essential for ensuring non-discrimination in practices?
Which element is essential for ensuring non-discrimination in practices?
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What framework establishes the prohibition of arbitrary detention?
What framework establishes the prohibition of arbitrary detention?
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Which of the following is NOT a positive obligation regarding the right to liberty?
Which of the following is NOT a positive obligation regarding the right to liberty?
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Which of the following cases established the principle of 'passive nationality' in international law, where a state can assert jurisdiction over crimes against its nationals, even if the crime occurred outside its territory?
Which of the following cases established the principle of 'passive nationality' in international law, where a state can assert jurisdiction over crimes against its nationals, even if the crime occurred outside its territory?
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The 'Protective Principle' in international law allows states to assert jurisdiction over actions that threaten their vital interests or national security, even if those actions occur outside their territory. Which of the following is NOT an accurate example of an action that could fall under the Protective Principle?
The 'Protective Principle' in international law allows states to assert jurisdiction over actions that threaten their vital interests or national security, even if those actions occur outside their territory. Which of the following is NOT an accurate example of an action that could fall under the Protective Principle?
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The 'Effects Doctrine' in international law is sometimes controversial. What is the main reason for this controversy?
The 'Effects Doctrine' in international law is sometimes controversial. What is the main reason for this controversy?
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The principle of 'par in parem non habet imperium' is most closely related to which aspect of international law?
The principle of 'par in parem non habet imperium' is most closely related to which aspect of international law?
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The historical development of state immunity has shifted from absolute immunity to restrictive immunity. This means that states are now:
The historical development of state immunity has shifted from absolute immunity to restrictive immunity. This means that states are now:
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Regarding the immunities of state agents and officials, what is the primary difference between 'functional immunity' and 'personal immunity'?
Regarding the immunities of state agents and officials, what is the primary difference between 'functional immunity' and 'personal immunity'?
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The Nuremberg Tribunal (1945) was significant in international law because it established the principle that:
The Nuremberg Tribunal (1945) was significant in international law because it established the principle that:
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The Rome Statute of the International Criminal Court (ICC) provides for a crucial exception to the principle of personal immunity for high-ranking officials in the context of international crimes. What is this exception?
The Rome Statute of the International Criminal Court (ICC) provides for a crucial exception to the principle of personal immunity for high-ranking officials in the context of international crimes. What is this exception?
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Flashcards
Nottebohm Case
Nottebohm Case
Establishes that genuine connection is needed for nationality.
Barcelona Traction Case
Barcelona Traction Case
Determines corporate nationality by place of incorporation.
Passive Nationality
Passive Nationality
Jurisdiction over crimes where the victim is a national.
Protective Principle
Protective Principle
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Universal Jurisdiction
Universal Jurisdiction
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Effects Doctrine
Effects Doctrine
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State Immunity
State Immunity
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Functional Immunities
Functional Immunities
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Sources of ICL
Sources of ICL
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International Environmental Law (IEL)
International Environmental Law (IEL)
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No Harm Principle
No Harm Principle
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Precautionary Principle
Precautionary Principle
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Polluter-Pays Principle
Polluter-Pays Principle
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Common But Differentiated Responsibilities (CBDR)
Common But Differentiated Responsibilities (CBDR)
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Inter-Generational Equity
Inter-Generational Equity
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Sustainable Development
Sustainable Development
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International Armed Conflict (IAC)
International Armed Conflict (IAC)
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Non-International Armed Conflict (NIAC)
Non-International Armed Conflict (NIAC)
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Principle of Distinction
Principle of Distinction
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Prohibition of Indiscriminate Attacks
Prohibition of Indiscriminate Attacks
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Doctrine of Collateral Damage
Doctrine of Collateral Damage
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International Criminal Court (ICC)
International Criminal Court (ICC)
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Complementarity (ICC)
Complementarity (ICC)
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Individual Criminal Responsibility
Individual Criminal Responsibility
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Lethal Force
Lethal Force
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Death Penalty (DP)
Death Penalty (DP)
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Non-refoulement
Non-refoulement
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Torture
Torture
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Inhumane Treatment
Inhumane Treatment
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Freedom of Expression
Freedom of Expression
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Degrading Treatment
Degrading Treatment
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Obligations of States
Obligations of States
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Tadić Case
Tadić Case
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Trail Smelter Arbitration
Trail Smelter Arbitration
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Nuclear Weapons Advisory Opinion
Nuclear Weapons Advisory Opinion
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Bemba Case
Bemba Case
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IHRL
IHRL
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Core Human Rights Treaties
Core Human Rights Treaties
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EU Human Rights System
EU Human Rights System
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Inter-American System
Inter-American System
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African Human Rights System
African Human Rights System
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Generations of Human Rights
Generations of Human Rights
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Negative Obligations
Negative Obligations
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Positive Obligations
Positive Obligations
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Jurisdiction in IHRL
Jurisdiction in IHRL
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Non-Derogable Rights
Non-Derogable Rights
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Right to Life
Right to Life
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ECHR Balance Case
ECHR Balance Case
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Right to Liberty
Right to Liberty
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Deprivation of Liberty
Deprivation of Liberty
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Restriction of Liberty
Restriction of Liberty
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Negative Obligation in Liberty
Negative Obligation in Liberty
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Positive Obligation in Liberty
Positive Obligation in Liberty
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General Safeguards for Detention
General Safeguards for Detention
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Enforced Disappearances
Enforced Disappearances
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Right to Fair Trial
Right to Fair Trial
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Military Courts
Military Courts
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Formal Equality
Formal Equality
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Substantive Equality
Substantive Equality
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Negative Obligations in Equality
Negative Obligations in Equality
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Positive Obligations in Equality
Positive Obligations in Equality
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Approach to Determine Discrimination
Approach to Determine Discrimination
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Study Notes
International Law Week 1
- Constitutionalism is an idea (or collection of ideas) designed to regulate the power of a ruler.
- Modern constitutionalism is based on the social contract, limiting government power.
- Constitutional law is derived from a constitution.
- Constitutions can be codified or uncodified, rigid or flexible.
- Sovereignty is the ultimate power to exercise authority over oneself.
- Sovereignty has internal and external dimensions.
- Sources of sovereignty include the monarch and Parliament.
International Law Week 2
- Separation of powers is a philosophy that distributes state powers among branches.
- Separating these powers ensures citizen rights and adherence to rule of law.
- A constitution establishes institutions (legislature, executive, judiciary) and their functions.
- Separation of powers aims to limit government power and ensure citizen rights.
- Legislative institutions create laws, executive institutions enforce laws, and judiciary interprets and applies laws.
- The legislature is the institution responsible for making laws (e.g., Parliament) through various mechanisms.
International Law Week 3
- Federal states have constitutional recognition of internal divisions, with shared sovereignty and bicameral parliaments.
- Sub-divisions participate in constitutional amendments
- Unitary states centralize horizontal powers, with a unitary sovereignty and unicameral parliaments.
- Regions do not participate in constitutional amendment in unitary states.
- Federal sub-types can be symmetrical or asymmetrical, with differences in powers.
International Law Week 4
- International law is a set of rules between sovereign states to create rights and obligations.
- Treaties are international agreements between states.
- A constitution outlines the process for integrating international law (e.g., treaty-making).
- Treaties are usually placed in a hierarchy, and either transposed into national law (dualism) or considered automatically part of national law (monism).
- The choice between the models (monism or dualism) varies between states.
International Law Week 5
- Constitutional crises arise when decision-makers are unable or unwilling to manage societal conflicts.
- Sources of constitutional crisis include emergencies where special powers are granted to state agents and constitutional provisions that are not feasible.
- Constitutional ambiguity, silence, and lack of clarity are also factors in constitutional crises.
- Constitutional argumentation depends on facts; text and structure, judicial precedent, political custom, and authority.
International Law Week 6
- PIL is a system of rules and principles regulating relationships between states and entities with international legal personality.
- Key historical events like the Treaty of Westphalia and the creation of the UN outline the development of international law.
- International organizations (like the UN) have structures with specific roles (e.g., General Assembly, Security Council, ICJ).
- Major issues like the Cold War and decolonization shaped international law.
International Law Week 7
- Article 38 of the ICJ Statute outlines the primary sources of international law (treaties, custom, general principles of law).
- Treaties (bilateral or multilateral) are among the most common sources.
- Conventions, bilateral or multilateral, regional or global, and establishing international organizations are types of treaties.
- The Vienna Convention on the Law of Treaties provides principles regarding treaty law.
- Treaties are binding on parties only.
International Law Week 8
- Sovereignty emerged with the Treaty of Westphalia, establishing the principle of state sovereignty.
- Sovereign states have supreme authority over their territory and internal affairs, free from external interference.
- States are considered equal under international law, although their power/influence may vary
- States exercise authority in accordance with their obligations under international law and custom.
International Law Week 9
- Dispute settlement in international law involves various methods, both diplomatic and legal.
- Diplomatic methods include negotiation, mediation, inquiry, and conciliation.
- Legal methods include arbitration and judicial settlement (e.g., through the ICJ or other international tribunals).
- Decisions from these tribunals influence future cases/treaty application.
- The ICJ's jurisdiction can be voluntary (through agreement by parties) or optional (through previous declaration).
International Law Week 10
- Jus ad Bellum defines when and why use of force is acceptable under international law (right to self-defense is often invoked) while jus in bello defines how to use force in warfare.
- The prohibition of the use of force is a core principle of the UN Charter, but there are exceptions (self-defence).
- Key cases involving the use of force highlight evolving interpretations/applications of the use-of-force prohibition.
- Responsibility to Protect (R2P) is a concept on the responsibility of states to protect their populations from mass atrocities (civil war and genocide).
International Law Week 11
- International humanitarian law (IHL) governs the conduct of armed conflicts.
- IHL aims to balance military necessity with humanity.
- Key sources are the Geneva Conventions and Additional Protocols.
- IHL distinguishes between combatants and civilians/civilian objects
- IHL addresses specific protections to certain vulnerable groups (e.g., wounded soldiers, civilians).
International Law Week 12
- The right to life, which is considered in absolute terms, is also subject to possible limitations and derogations in specific circumstances.
- Jus cogens norms are peremptory norms reflecting fundamental principles of international law recognized universally.
- Derogation is only possible if specified in a treaty and for specific circumstances like war, public emergencies.
- Treaties, customary international law and general principles of law are sources of obligations under IHRL.
International Law Week 13
- Freedom of expression is a fundamental human right, enabling public debate and accountability.
- It is not always absolute and can be limited under specific conditions, including national security, public order, and the protection of others.
- Freedom of expression is widely protected in relevant international and regional human rights instruments.
- Different instruments may address it in specific ways, with different limitations.
- Key cases and jurisprudence develop/ refine the principles/ scope of freedom of expression.
International Law Week 14
- The right to liberty is a fundamental human right.
- The main concept is the absolute prohibition of arbitrary detention and a state's duty to respect the rights of everyone to liberty and security.
- The sources of law which address/reinforce this right include treaties, international customary law, and general principles of law.
- States must respect liberty through appropriate legal processes and standards; this is critical in ensuring that violations/ abuses are met with appropriate legal consequences.
International Law Week 15
- Equality is a fundamental human right, and discrimination is prohibited under international law.
- Formal equality means everyone is treated the same (before the law), while substantive equality promotes equal outcomes and opportunities.
- Discrimination can be direct or indirect (de jure or de facto);
- Treaty law (e.g., ICCPR, ICERD) and customary international law prohibit discrimination, although states often have different interpretations of how to apply/enforce equality
- States can implement affirmative action to achieve substantive equality.
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Test your knowledge on key principles and outcomes of International Environmental Law. This quiz covers important conferences, legal documents, and concepts related to sustainable development and state responsibility for environmental harm. Challenge yourself with questions that address both theoretical and practical aspects of environmental law.