International Environmental Law Quiz
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Questions and Answers

Which of the following principles aims to prevent environmental harm from being caused by one state to another?

  • Common But Differentiated Responsibilities
  • Precautionary Principle
  • No Harm Principle (correct)
  • Polluter-Pays Principle
  • What was the main outcome of the 1972 Stockholm Conference?

  • The creation of the International Criminal Court (ICC)
  • The development of the UN Environment Programme (UNEP) (correct)
  • The adoption of the Rio Declaration
  • The establishment of the International Court of Justice (ICJ)
  • Which of the following elements is NOT a key aspect of sustainable development?

  • Balanced use of resources, considering other states' needs
  • Maximizing economic growth at all costs (correct)
  • Inter-generational equity
  • Sustainable exploitation of natural resources
  • Which principle encourages proactive measures even when scientific certainty about environmental risks is lacking?

    <p>Precautionary Principle (B)</p> Signup and view all the answers

    What is the primary focus of International Environmental Law (IEL)?

    <p>Protecting natural resources and systems (C)</p> Signup and view all the answers

    Which legal document established the principle of state responsibility for transboundary pollution?

    <p>The Trail Smelter Arbitration (C)</p> Signup and view all the answers

    Which principle suggests that those who benefit from using natural resources should also bear the costs of their exploitation?

    <p>Polluter-Pays Principle (B)</p> Signup and view all the answers

    Which of the following conferences emphasized the importance of sustainable development?

    <p>All of the above (D)</p> Signup and view all the answers

    What defines an International Armed Conflict (IAC)?

    <p>Conflict involving foreign intervention or between states. (A)</p> Signup and view all the answers

    Which principle of international humanitarian law (IHL) emphasizes the distinction between civilians and combatants?

    <p>Principle of Distinction. (D)</p> Signup and view all the answers

    What is the role of the International Criminal Court (ICC) when a state is unwilling to prosecute crimes?

    <p>To serve as a last resort for criminal prosecution. (B)</p> Signup and view all the answers

    Which of the following crimes fall under the jurisdiction of the ICC based on Ratione Materiae?

    <p>War crimes, genocide, and crimes against humanity. (B)</p> Signup and view all the answers

    What type of conflict does the Hague Law primarily regulate?

    <p>International Armed Conflicts. (A)</p> Signup and view all the answers

    What does the principle of proportionality in IHL address?

    <p>Balancing military advantage against civilian harm. (D)</p> Signup and view all the answers

    What constitutes individual criminal responsibility under the ICC?

    <p>Those who commission, order, aid, or abet the commission of crimes. (D)</p> Signup and view all the answers

    What is an important criterion for a conflict to be classified as Non-International Armed Conflict (NIAC)?

    <p>Protracted violence and intense conflicts between organized groups. (C)</p> Signup and view all the answers

    What must law enforcement agencies utilize before resorting to lethal force?

    <p>Non-lethal alternatives (A)</p> Signup and view all the answers

    Which of the following statements regarding the death penalty is correct?

    <p>The death penalty is highly regulated and only for severe crimes. (A)</p> Signup and view all the answers

    What does the principle of proportionality entail in the context of law enforcement use of lethal force?

    <p>The response should match the threat's severity. (B)</p> Signup and view all the answers

    What is considered torture within the context discussed?

    <p>State involvement that causes severe pain or suffering. (B)</p> Signup and view all the answers

    Which treaty specifically addresses the prohibition against torture and inhumane treatment?

    <p>UNCAT (B)</p> Signup and view all the answers

    What is a core characteristic of degrading treatment?

    <p>It induces feelings of fear and inferiority. (B)</p> Signup and view all the answers

    What obligation exists regarding the treatment of individuals who are at risk of lethal violence?

    <p>They should be protected and sought assurances for their safety. (B)</p> Signup and view all the answers

    What obligation do states have under the negative duty to respect human rights?

    <p>To refrain from actions that constitute degrading treatment or torture. (C)</p> Signup and view all the answers

    What is the primary difference between International Human Rights Law (IHRL) and International Humanitarian Law (IHL)?

    <p>IHRL regulates states' obligations to individuals at all times. (B)</p> Signup and view all the answers

    Which of the following best describes the duty bearers in Human Rights Law?

    <p>All states that are parties to international treaties. (C)</p> Signup and view all the answers

    Which rights are considered absolute rights under Human Rights Law?

    <p>Freedom from torture. (B)</p> Signup and view all the answers

    What is the primary function of the European Court of Human Rights?

    <p>To enforce the European Convention on Human Rights. (B)</p> Signup and view all the answers

    Which of the following is a characteristic of treaties monitored by independent bodies in the IHRL framework?

    <p>They require periodic reporting by state parties. (D)</p> Signup and view all the answers

    What type of obligation does the state have regarding negative obligations in Human Rights Law?

    <p>To refrain from actions that violate rights. (B)</p> Signup and view all the answers

    Which generation of human rights includes solidarity rights?

    <p>Third generation. (C)</p> Signup and view all the answers

    Which of the following statements about the right to life is not accurate?

    <p>It is an absolute right with no permissible exceptions. (A)</p> Signup and view all the answers

    What is required for a state to invoke reservations during the treaty-making process?

    <p>The reservation should not affect the purpose of the treaty. (B)</p> Signup and view all the answers

    Which of the following regions has a human rights system that is not binding?

    <p>Arab system. (D)</p> Signup and view all the answers

    What is a characteristic of the Inter-American Commission on Human Rights (IACHR)?

    <p>It serves as a non-binding initial step before the IACtHR. (C)</p> Signup and view all the answers

    Which of the following describes a persistent objector in international law?

    <p>A state that objects to a norm as it is emerging. (A)</p> Signup and view all the answers

    What characterizes qualified rights in the context of IHRL?

    <p>They can only be limited if prescribed by law. (D)</p> Signup and view all the answers

    What does the right to liberty primarily refer to?

    <p>Physical liberty (B)</p> Signup and view all the answers

    Which of the following correctly describes a deprivation of liberty?

    <p>Confinement to a restricted space without consent (B)</p> Signup and view all the answers

    What is one characteristic of the right to fair trial?

    <p>It mandates independent and impartial tribunals for adjudication (A)</p> Signup and view all the answers

    What type of action is prohibited under the obligations related to the right to liberty?

    <p>Preventive detention without trial (A)</p> Signup and view all the answers

    What does substantive equality encompass?

    <p>Affirmative action policies (A)</p> Signup and view all the answers

    Under which conditions can a state derogate from the right to liberty?

    <p>During emergencies as specified by law (D)</p> Signup and view all the answers

    Which of the following is an obligation tied to the right to fair trial?

    <p>Ensuring a fair and public hearing within a reasonable time (A)</p> Signup and view all the answers

    What is a required element for institutional safeguards in a fair trial?

    <p>A tribunal with binding decisions (A)</p> Signup and view all the answers

    Which treaty explicitly mentions the prohibition of discrimination?

    <p>ICCPR (C)</p> Signup and view all the answers

    What is an example of indirect discrimination?

    <p>Height requirements for police recruits (B)</p> Signup and view all the answers

    What is one requirement for military courts trying civilians?

    <p>They must provide the same level of protections as civilian courts (C)</p> Signup and view all the answers

    Which element is essential for ensuring non-discrimination in practices?

    <p>Creating equal opportunities regardless of background (D)</p> Signup and view all the answers

    What framework establishes the prohibition of arbitrary detention?

    <p>Customary international law (C)</p> Signup and view all the answers

    Which of the following is NOT a positive obligation regarding the right to liberty?

    <p>Allowing arbitrary decisions on detention by officials (D)</p> Signup and view all the answers

    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?

    <p>Lotus Case (C)</p> Signup and view all the answers

    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?

    <p>Smuggling illegal drugs across the border of a state (A)</p> Signup and view all the answers

    The 'Effects Doctrine' in international law is sometimes controversial. What is the main reason for this controversy?

    <p>It has been criticized as an infringement on the sovereignty of other states. (C)</p> Signup and view all the answers

    The principle of 'par in parem non habet imperium' is most closely related to which aspect of international law?

    <p>State immunity (D)</p> Signup and view all the answers

    The historical development of state immunity has shifted from absolute immunity to restrictive immunity. This means that states are now:

    <p>Immune only for sovereign acts, not for commercial or private acts. (B)</p> Signup and view all the answers

    Regarding the immunities of state agents and officials, what is the primary difference between 'functional immunity' and 'personal immunity'?

    <p>Functional immunity only applies to official acts while personal immunity extends to both official and private acts. (B)</p> Signup and view all the answers

    The Nuremberg Tribunal (1945) was significant in international law because it established the principle that:

    <p>Individuals are still accountable for international crimes, even if they were acting under orders or in an official capacity. (C)</p> Signup and view all the answers

    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?

    <p>Personal immunity is not applicable to international crimes, regardless of the rank of the official, meaning they can be prosecuted even while in office. (B)</p> Signup and view all the answers

    Flashcards

    Nottebohm Case

    Establishes that genuine connection is needed for nationality.

    Barcelona Traction Case

    Determines corporate nationality by place of incorporation.

    Passive Nationality

    Jurisdiction over crimes where the victim is a national.

    Protective Principle

    Jurisdiction over acts threatening national security interests.

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    Universal Jurisdiction

    Jurisdiction over global crimes affecting the international community.

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    Effects Doctrine

    Jurisdiction over foreign acts impacting the state's interests.

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    State Immunity

    Equals cannot judge each other; immunity for sovereign acts.

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    Functional Immunities

    Immunity for official acts, even after leaving office.

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    Sources of ICL

    Art. 21 ICC Statute outlines sources like treaties and principles.

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    International Environmental Law (IEL)

    Governs human interaction with the environment to protect resources.

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    No Harm Principle

    States must avoid causing environmental harm to others.

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    Precautionary Principle

    Inaction is not justified by lack of scientific certainty.

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    Polluter-Pays Principle

    Polluters are responsible for the costs of pollution.

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    Common But Differentiated Responsibilities (CBDR)

    Developed countries have greater responsibility for environmental harm.

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    Inter-Generational Equity

    Ensures fairness between current and future generations’ needs.

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    Sustainable Development

    Meets current needs without compromising future generations’ abilities.

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    International Armed Conflict (IAC)

    A conflict between states or involving foreign intervention.

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    Non-International Armed Conflict (NIAC)

    A conflict between a state and organized armed groups or between such groups within a state.

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    Principle of Distinction

    A fundamental rule to differentiate between combatants and civilians in warfare.

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    Prohibition of Indiscriminate Attacks

    Ban on attacks that do not discriminate between military targets and civilians.

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    Doctrine of Collateral Damage

    A rule requiring proportionality in attacks, minimizing civilian harm while achieving military objectives.

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    International Criminal Court (ICC)

    A treaty-based court established to prosecute serious international crimes.

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    Complementarity (ICC)

    Principle where ICC intervenes only when states fail to prosecute crimes.

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    Individual Criminal Responsibility

    Accountability for committing, planning, or facilitating international crimes.

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    Lethal Force

    The use of deadly violence by law enforcement under strict conditions.

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    Death Penalty (DP)

    A legal penalty where a person is executed for severe crimes, regulated and often debated.

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    Non-refoulement

    A principle preventing the transfer of individuals to places where they may face harm.

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    Torture

    Severe pain inflicted for punishment or coercion, involving state actors.

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    Inhumane Treatment

    Treatment causing serious physical or mental suffering, often premeditated.

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    Freedom of Expression

    The right to express opinions without interference from authorities.

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    Degrading Treatment

    Treatment causing feelings of inferiority, fear, or humiliation.

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    Obligations of States

    States must prevent torture and ensure remedies for violations.

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    Tadić Case

    Defined armed conflict for international law purposes in 1995.

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    Trail Smelter Arbitration

    Established state responsibility for transboundary pollution in 1941.

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    Nuclear Weapons Advisory Opinion

    Addressed the environment as part of human living space in 1996.

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    Bemba Case

    Established the principle of superior/command responsibility in ICC.

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    IHRL

    International Human Rights Law regulates freedoms owed to individuals by states.

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    Core Human Rights Treaties

    Includes UDHR, ICCPR, ICESCR forming the International Bill of Human Rights.

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    EU Human Rights System

    Comprises 46 member states with the European Convention on Human Rights.

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    Inter-American System

    Enforcement through Inter-American Commission and Court on Human Rights.

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    African Human Rights System

    Includes the African Charter and two tier enforcement with its court.

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    Generations of Human Rights

    First (civil/political), second (economic/social), third (solidarity) rights.

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    Negative Obligations

    The duty not to infringe on human rights; refrain from violations.

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    Positive Obligations

    The duty to actively protect and uphold human rights for individuals.

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    Jurisdiction in IHRL

    States must respect human rights within their territorial and extraterritorial jurisdiction.

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    Non-Derogable Rights

    Rights that cannot be suspended or limited under any circumstances.

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    Right to Life

    Entitlement to be free from acts causing unnatural or premature death.

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    ECHR Balance Case

    Case balancing freedom of expression with privacy rights for public figures.

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    Right to Liberty

    The physical freedom of individuals and protection against arbitrary detention.

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    Deprivation of Liberty

    Confinement without consent; can be objective or subjective.

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    Restriction of Liberty

    Limited freedom, e.g., curfews or house arrest, differs from deprivation.

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    Negative Obligation in Liberty

    States must not unlawfully deprive individuals of their liberty.

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    Positive Obligation in Liberty

    States must ensure respect for liberty, even by private entities.

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    General Safeguards for Detention

    Includes reasons for detention and rights to challenge it, ensuring humane treatment.

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    Enforced Disappearances

    State involvement in abductions, ignoring victims' fate.

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    Right to Fair Trial

    Ensures fairness in legal proceedings, focusing on procedure, not outcome.

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    Military Courts

    Sometimes try civilians, raising concerns about fairness and independence.

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    Formal Equality

    Legal equality ensuring equal treatment before the law without discrimination.

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    Substantive Equality

    Focuses on actual equal opportunities and results, addressing indirect discrimination.

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    Negative Obligations in Equality

    States must avoid actions directly or indirectly causing discrimination.

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    Positive Obligations in Equality

    Proactive measures needed to promote and secure equality, including affirmative actions.

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    Approach to Determine Discrimination

    Framework to assess if actions constitute direct or indirect 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.

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