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Questions and Answers
What are the two versions of Monism in terms of legal systems?
What are the two versions of Monism in terms of legal systems?
What is the international law principle that states that treaties are legally binding on the parties involved and that they must fulfill their obligations?
What is the international law principle that states that treaties are legally binding on the parties involved and that they must fulfill their obligations?
What is the difference between a state's legislative body and an international legislative body?
What is the difference between a state's legislative body and an international legislative body?
A state's legislative body creates domestic legal rules while an international legislative body creates international legal rules.
International law can only be enforced against the will of a state or an international organization if the state has consented to it.
International law can only be enforced against the will of a state or an international organization if the state has consented to it.
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What are the three main features of international responsibility?
What are the three main features of international responsibility?
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What two things are necessary to establish a breach of international law?
What two things are necessary to establish a breach of international law?
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Which of the following is NOT a type of international obligation?
Which of the following is NOT a type of international obligation?
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What are the three ways to address the consequences of a breach of international obligations?
What are the three ways to address the consequences of a breach of international obligations?
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What does the 'Precautionary Principle' in EU administrative law focus on?
What does the 'Precautionary Principle' in EU administrative law focus on?
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What is one of the main reasons for the recognition of comparative administration law in legal practice?
What is one of the main reasons for the recognition of comparative administration law in legal practice?
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Which of the following correctly describes indirect administration within the context of EU law?
Which of the following correctly describes indirect administration within the context of EU law?
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What type of regulation does global administration law primarily address?
What type of regulation does global administration law primarily address?
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What shift has occurred regarding the general principles of administrative law?
What shift has occurred regarding the general principles of administrative law?
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What areas are highlighted as needing trans-governmental regulation in global administration law?
What areas are highlighted as needing trans-governmental regulation in global administration law?
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What is necessary for a state to be considered responsible for a breach of international obligations?
What is necessary for a state to be considered responsible for a breach of international obligations?
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What do erga omnes obligations entail?
What do erga omnes obligations entail?
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Which of the following is NOT a consequence that arises from a breach of international obligations?
Which of the following is NOT a consequence that arises from a breach of international obligations?
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Which of the following actions is required from other states in the case of a serious breach of Jus Cogens norms?
Which of the following actions is required from other states in the case of a serious breach of Jus Cogens norms?
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What characterizes decentralized countermeasures in international law?
What characterizes decentralized countermeasures in international law?
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Which institutions are specifically covered under the right of access to documents?
Which institutions are specifically covered under the right of access to documents?
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What type of information would NOT be protected under absolute exceptions for document access?
What type of information would NOT be protected under absolute exceptions for document access?
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What defines a 'document' under the regulations concerning access to EU documents?
What defines a 'document' under the regulations concerning access to EU documents?
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Which of the following is a relative exception to the right of access to documents?
Which of the following is a relative exception to the right of access to documents?
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Under what condition can institutions disclose documents that would otherwise fall under relative exceptions?
Under what condition can institutions disclose documents that would otherwise fall under relative exceptions?
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What are self-executing norms in international law?
What are self-executing norms in international law?
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Which aspect differentiates international law from national law?
Which aspect differentiates international law from national law?
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What is the primary function of the ICJ?
What is the primary function of the ICJ?
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Which of the following is a key characteristic of mediation in dispute settlement?
Which of the following is a key characteristic of mediation in dispute settlement?
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What distinguishes conciliation from other methods of dispute resolution?
What distinguishes conciliation from other methods of dispute resolution?
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Which method is considered the oldest form of dispute settlement in international law?
Which method is considered the oldest form of dispute settlement in international law?
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Which statement accurately reflects the principle of consent in international law?
Which statement accurately reflects the principle of consent in international law?
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What is one limitation of the ICJ's jurisdiction?
What is one limitation of the ICJ's jurisdiction?
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What is a key characteristic of discretionary power in decision-making?
What is a key characteristic of discretionary power in decision-making?
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Which of the following is NOT a requirement for good administrative practices?
Which of the following is NOT a requirement for good administrative practices?
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When discussing the duty to give reasons, what is a primary function of this procedural step?
When discussing the duty to give reasons, what is a primary function of this procedural step?
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What aspect does procedural principles address during the decision-making process?
What aspect does procedural principles address during the decision-making process?
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What does Article 41 CFR protect regarding administrative actions?
What does Article 41 CFR protect regarding administrative actions?
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Which of the following describes a limitation placed upon administrations during decision-making?
Which of the following describes a limitation placed upon administrations during decision-making?
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Why is transparency of information critical in administrative processes?
Why is transparency of information critical in administrative processes?
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Which of the following is a part of the core feature of the duty of care in administration?
Which of the following is a part of the core feature of the duty of care in administration?
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What does the rule of law require from administrative authorities in the EU?
What does the rule of law require from administrative authorities in the EU?
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Which principle protects individuals who rely on consistent administrative actions?
Which principle protects individuals who rely on consistent administrative actions?
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What does the principle of proportionality ensure regarding EU government actions?
What does the principle of proportionality ensure regarding EU government actions?
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Under which circumstance can unlawful acts be revoked according to EU law?
Under which circumstance can unlawful acts be revoked according to EU law?
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What is a key requirement for the application of the principle of legal certainty?
What is a key requirement for the application of the principle of legal certainty?
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Which article of the TFEU addresses grounds for jurisdiction in cases of misuse of powers?
Which article of the TFEU addresses grounds for jurisdiction in cases of misuse of powers?
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Which statement accurately reflects the precautionary principle in EU administrative law?
Which statement accurately reflects the precautionary principle in EU administrative law?
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What does the concept of 'marginal review' refer to in the context of EU law?
What does the concept of 'marginal review' refer to in the context of EU law?
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Flashcards
Pacta Sunt Servanda
Pacta Sunt Servanda
Treaties must be kept in good faith.
Monism
Monism
Unitary legal system with international law above domestic law.
Dualism
Dualism
International and domestic law are separate systems.
Self-executing norms
Self-executing norms
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International responsibility
International responsibility
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Attribution
Attribution
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Jus Cogens
Jus Cogens
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Erga Omnes
Erga Omnes
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Negotiation
Negotiation
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Good Offices
Good Offices
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Mediation
Mediation
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Arbitration
Arbitration
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International Court of Justice (ICJ)
International Court of Justice (ICJ)
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Jurisdiction Ratione Personae
Jurisdiction Ratione Personae
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Jurisdiction Ratione Consensus
Jurisdiction Ratione Consensus
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Jurisdiction Ratione Materiae
Jurisdiction Ratione Materiae
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Preliminary Objections
Preliminary Objections
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Provisional Measures
Provisional Measures
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Intervention
Intervention
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Counterclaims
Counterclaims
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Rule of Law
Rule of Law
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Legal Certainty
Legal Certainty
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Legitimate Expectations
Legitimate Expectations
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Proportionality
Proportionality
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International Law vs National Law
International Law vs National Law
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Consent in International Law
Consent in International Law
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Sovereign Legislative Body
Sovereign Legislative Body
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Lack of Global Executive
Lack of Global Executive
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Diplomatic Dispute Settlement
Diplomatic Dispute Settlement
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Other Dispute Settlement Bodies
Other Dispute Settlement Bodies
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Public Administration's Goal
Public Administration's Goal
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Public Administration's Power Source
Public Administration's Power Source
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Public Administration's Tools
Public Administration's Tools
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Global Administration Law
Global Administration Law
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EU Administrative Law's Dual Role
EU Administrative Law's Dual Role
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What are the types of international obligations?
What are the types of international obligations?
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Objective element of a breach of international law
Objective element of a breach of international law
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Consequences of a breach
Consequences of a breach
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Breach of Erga omnes obligations
Breach of Erga omnes obligations
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Enforcement measures
Enforcement measures
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Discretionary Power
Discretionary Power
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Procedural Principles
Procedural Principles
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Right to Good Administration
Right to Good Administration
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Duty of Care
Duty of Care
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Duty to Give Reasons
Duty to Give Reasons
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Transparency
Transparency
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Article 296 TFEU (Transparency)
Article 296 TFEU (Transparency)
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Flexibility (Discretionary Power Advantage)
Flexibility (Discretionary Power Advantage)
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Right of Access to Documents
Right of Access to Documents
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Covered Institutions
Covered Institutions
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What is a 'Document'?
What is a 'Document'?
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Who is a 'Beneficiary'?
Who is a 'Beneficiary'?
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Exceptions to Access
Exceptions to Access
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Rule of Law in EU Administration
Rule of Law in EU Administration
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Legality Principle
Legality Principle
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Legal Certainty in EU Law
Legal Certainty in EU Law
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Non-retroactive Application
Non-retroactive Application
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Legitimate Expectations in EU Law
Legitimate Expectations in EU Law
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Proportionality Principle
Proportionality Principle
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Marginal Review
Marginal Review
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Full Review
Full Review
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Study Notes
Part III: Ensuring Compliance with International Obligations
- International law application is governed by Articles 26 and 27 of the Vienna Convention on the Law of Treaties (VCLT)
- Article 26 emphasizes the principle of pacta sunt servanda (agreements must be kept)
- Article 27 prohibits parties from using domestic law to avoid treaty obligations
- Applying international law depends on the domestic legal system's rules
- The theoretical approaches to applying international law are monism and dualism
- Monism views international and domestic law as a single, unified system
- Some versions place international law above national law (e.g., the 20th Century view of Hans Kelsen)
- Others place national law above international law (e.g., the 18th and 19th Century view)
- Dualism treats international and domestic law as separate systems
- Different subjects (e.g., state vs. individuals) and sources (e.g., custom, treaties vs. statutes)
Self-Executing Norms
- International treaties with clear provisions enabling direct application within a domestic legal system can be directly applicable.
- These provisions outline remedies in cases, avoiding complex domestic legal processes for implementation.
- Every treaty obligates the involved parties to fulfill their commitments honestly.
Enforcement & Dispute Settlement Mechanisms
- Mechanisms, including international dispute settlement processes, ensure treaty application in practice
- Dispute resolution processes are consensual between states
- There's no central authority to enforce international law directly
- International legal systems differ on enforcements' implementation processes
- States themselves define international rules, though these rules can affect domestic policies (e.g., in the form of treaties)
- Diplomatic methods include negotiation, good offices, mediation, and inquiry to seek mutual agreement
- Formal processes such as arbitration exist to resolve disagreements under international law
- The International Court of Justice (ICJ) has various functions, including settling legal disputes and issuing advisory opinions.
International Responsibility & Sanctions
- Primary rules define international obligations and responsibilities for states (and international organisations)
- Relations between states can involve initial rights/obligations & new relations arising from violations
- International responsibility includes new rights, obligations, and persistence of initial obligations
- Secondary features of international responsibility include attribution of conduct to a subject, violating an existing obligation, and related consequences.
- Decisions about legal issues are sometimes important for the international order.
- Violations of fundamental norms (Jus Cogens) lead to different processes than breaches of other obligations.
Determining Responsibility
- Determining international responsibility (subjective and objective elements) includes issues of state conduct
- When a state acts or fails to act wrongfully that involves international responsibility
- It has the responsibility to address the circumstances and consequences associated with the breach.
Breach of Erga Omnes Obligations
- Breach of obligations towards the international community (Erga Omnes) requires formal actions to address the breach
- Processes for dealing with these breaches may involve non-recognition and non-assistance by other states, which might also need to cooperate to end the breach
- Other states may need to work together on compliance measures
Global Administrative Law
- 19th century saw states focusing on internal law & order
- Contemporary governments provide public services too
- Administrative laws focus on decisions by government organisations
- Main sources include legislative, executive, and judicial branches
- Public law manages government powers & interactions with citizens
- Private law governs relationships between individuals
European Administrative Law
- EU law has direct and indirect administration aspects in different levels (national/EU levels)
EU Administrative Law (Procedural)
- EU law principle principles have evolved in court cases and formal documents now
- EU law has more powers compared to other legal systems, however, this power is not the same everywhere
- EU law principle includes considerations of discretionary power (choice options in decision-making), need for transparent decisions, and conditions on decision choices by decision-makers.
EU Administrative Law (Substantive)
- EU law has substantive principles too
- These principles include rule of law, legal certainty, and legitimate expectations
- There are criteria regarding proportionality and precautionary principles
Procedural Principles of EU Administrative Law
- Principles cover decision-making procedures and how individual interests are considered (e.g., right to be heard and give reasons, and judicial review)
- Implementing legal obligations requires considering factors for how decisions affect parties
- Transparency of information, access to documents, and accountability are also key factors
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Description
Explore the principles of international law as governed by the Vienna Convention on the Law of Treaties. This quiz covers key articles, the application of treaties, and the fundamental theories of monism and dualism. Test your understanding of how international obligations interact with domestic law.