International Environmental Law Quiz

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.