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Questions and Answers
What is the primary focus of international legal control of activities?
What is the primary focus of international legal control of activities?
International law is primarily based on national laws.
International law is primarily based on national laws.
False
What is the main criterion for international custom to be considered as evidence of a general practice accepted as law?
What is the main criterion for international custom to be considered as evidence of a general practice accepted as law?
Widespread and consistent state practice accompanied by a belief in legal obligation
Article 38(1) of the Statute of the International Court of Justice lists four sources of international law, including _______________ and international custom.
Article 38(1) of the Statute of the International Court of Justice lists four sources of international law, including _______________ and international custom.
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Match the sources of international law listed in Article 38(1) of the Statute of the International Court of Justice with their descriptions:
Match the sources of international law listed in Article 38(1) of the Statute of the International Court of Justice with their descriptions:
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Ecological interdependence respects national boundaries.
Ecological interdependence respects national boundaries.
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What is a factor that increases the likelihood of achieving an agreement on environmental issues?
What is a factor that increases the likelihood of achieving an agreement on environmental issues?
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States have exclusive jurisdiction over the high seas.
States have exclusive jurisdiction over the high seas.
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What is the cornerstone of international law?
What is the cornerstone of international law?
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The legal mechanisms for representing the interests of ______________ generations are underdeveloped.
The legal mechanisms for representing the interests of ______________ generations are underdeveloped.
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What is a challenge to the traditional international legal order?
What is a challenge to the traditional international legal order?
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The international legal order co-exists comfortably with an environmental order.
The international legal order co-exists comfortably with an environmental order.
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Match the following components of a state's territory with their descriptions:
Match the following components of a state's territory with their descriptions:
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What is the principle of exclusive jurisdiction over a territory?
What is the principle of exclusive jurisdiction over a territory?
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Study Notes
Ecological Interdependence and International Law
- Ecological interdependence does not respect national boundaries, and issues previously considered domestic concerns now have international implications.
- Progress in developing international legal control of activities has been gradual, piecemeal, and often reactive to particular incidents or new scientific evidence.
Sources of International Law
- Article 38(1) of the Statute of the International Court of Justice lists four sources of international law:
- International conventions establishing rules expressly recognized by contesting states.
- International custom as evidence of a general practice accepted as law.
- General principles of law recognized by civilized nations.
- Judicial decisions and teachings of highly qualified publicists as subsidiary means.
Non-Legal Factors Influencing International Environmental Law
- Science, economics, politics, and other social objectives and values influence international environmental law.
- Factors increasing the likelihood of achieving an agreement:
- Greater scientific consensus about the cause and seriousness of a problem.
- Increased public concern.
- Perception of fair share among negotiating states.
- Increase in short-term political benefits.
- Existence of previous, related multilateral agreements.
- Factors decreasing the likelihood of achieving an agreement:
- Upward costs of environmental controls.
- Increase in the number of states negotiating a treaty.
- Existence of an appropriate international forum for negotiation.
- Nature of arrangements for dealing with non-compliance.
Traditional International Legal Order: A Challenge
- The traditional international legal order is based on:
- Legislative, administrative, and adjudicative functions of international law.
- Political boundary based on territory.
- State sovereignty as a cornerstone of international law.
- Challenges to the traditional order:
- Role of non-state actors in environmental degradation.
- Asymmetry of power and resources among states.
- Environmental problems unfolding over extended periods, making it challenging to establish clear causation and attribution.
- Limited legal mechanisms for representing the interests of future generations.
Sovereignty and Territory
- States are sovereign and have equal rights and duties as members of the international community.
- Three principal corollaries of sovereignty:
- Jurisdiction, prima facie exclusive, over a territory and permanent population.
- Duty of non-intervention in the area of exclusive jurisdiction of other states.
- Dependence of obligations arising from customary law and treaties on the consent of the obligor.
- Exclusive jurisdiction over territory includes:
- Land within its boundaries, including the subsoil.
- Internal waters, such as lakes, rivers, and canals.
- Territorial sea, including its seabed, subsoil, and resources.
- Airspace above its land, internal waters, and territorial sea.
- No exclusive jurisdiction: 'global commons' (high seas, outer space, atmosphere, Antarctica).
International Legal Order vs. Environmental Order
- The international legal order does not co-exist comfortably with an environmental order that consists of a biosphere.
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Description
This quiz covers the basics of international environmental law, including ecological interdependence, international implications, and sources of international law.
