International Law and Compliance Quizzes
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Questions and Answers

What are the two versions of Monism in terms of legal systems?

  • Supremacy of Municipal Law and Supremacy of International Law (correct)
  • Supremacy of municipal law and Dualistic legal systems
  • Dualistic legal systems and International legal systems
  • Supremacy of International law and International 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?

  • Erga Omnes
  • Jus Cogens
  • Dualism
  • Pactum Sunt Servanda (correct)
  • 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.

    <p>True (A)</p> Signup and view all the answers

    What are the three main features of international responsibility?

    <p>Attribution to an International Subject, Conduct resulting in breach, and special legislation (B)</p> Signup and view all the answers

    What two things are necessary to establish a breach of international law?

    <p>Attribution of the wrongful act to an international subject and a conduct that constitutes a breach of the obligation.</p> Signup and view all the answers

    Which of the following is NOT a type of international obligation?

    <p>Erga Specificum (D)</p> Signup and view all the answers

    What are the three ways to address the consequences of a breach of international obligations?

    <p>Restitution, Compensation, and Satisfaction (D)</p> Signup and view all the answers

    What does the 'Precautionary Principle' in EU administrative law focus on?

    <p>Risk management in cases of scientific uncertainty</p> Signup and view all the answers

    What is one of the main reasons for the recognition of comparative administration law in legal practice?

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

    Which of the following correctly describes indirect administration within the context of EU law?

    <p>EU law is executed through national administrations (B)</p> Signup and view all the answers

    What type of regulation does global administration law primarily address?

    <p>Consequences of globalized interdependence (D)</p> Signup and view all the answers

    What shift has occurred regarding the general principles of administrative law?

    <p>Movement from case law development to codification (D)</p> Signup and view all the answers

    What areas are highlighted as needing trans-governmental regulation in global administration law?

    <p>Environmental protection and trade in products (C)</p> Signup and view all the answers

    What is necessary for a state to be considered responsible for a breach of international obligations?

    <p>The state must be bound by the obligation at the moment of the breach. (D)</p> Signup and view all the answers

    What do erga omnes obligations entail?

    <p>Obligations towards the international community as a whole. (B)</p> Signup and view all the answers

    Which of the following is NOT a consequence that arises from a breach of international obligations?

    <p>Guarantee of remaining undetected. (B)</p> Signup and view all the answers

    Which of the following actions is required from other states in the case of a serious breach of Jus Cogens norms?

    <p>Cooperate to end the breach without recognition. (A)</p> Signup and view all the answers

    What characterizes decentralized countermeasures in international law?

    <p>They are initiated by the injured state or other states on behalf of erga omnes obligations. (A)</p> Signup and view all the answers

    Which institutions are specifically covered under the right of access to documents?

    <p>European Parliament (A), European Commission (C)</p> Signup and view all the answers

    What type of information would NOT be protected under absolute exceptions for document access?

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

    What defines a 'document' under the regulations concerning access to EU documents?

    <p>Any written or electronic piece of information held by an institution (B)</p> Signup and view all the answers

    Which of the following is a relative exception to the right of access to documents?

    <p>Protection of commercial interests (D)</p> Signup and view all the answers

    Under what condition can institutions disclose documents that would otherwise fall under relative exceptions?

    <p>If there is an overriding public interest in disclosure (B)</p> Signup and view all the answers

    What are self-executing norms in international law?

    <p>Provisions that can be directly applied by a domestic legal system (A)</p> Signup and view all the answers

    Which aspect differentiates international law from national law?

    <p>Lack of central authority and a sovereign legislative body (D)</p> Signup and view all the answers

    What is the primary function of the ICJ?

    <p>To settle legal disputes submitted by states in accordance with international law (A)</p> Signup and view all the answers

    Which of the following is a key characteristic of mediation in dispute settlement?

    <p>It includes active participation in negotiations by a third party (B)</p> Signup and view all the answers

    What distinguishes conciliation from other methods of dispute resolution?

    <p>It combines elements of mediation and inquiry but yields non-binding proposals (C)</p> Signup and view all the answers

    Which method is considered the oldest form of dispute settlement in international law?

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

    Which statement accurately reflects the principle of consent in international law?

    <p>Consent is required for a state to be bound by an international agreement (C)</p> Signup and view all the answers

    What is one limitation of the ICJ's jurisdiction?

    <p>The ICJ's jurisdiction is based on the consent of the states involved (D)</p> Signup and view all the answers

    What is a key characteristic of discretionary power in decision-making?

    <p>It must be exercised only by the designated individual. (A)</p> Signup and view all the answers

    Which of the following is NOT a requirement for good administrative practices?

    <p>Engagement of all public members. (D)</p> Signup and view all the answers

    When discussing the duty to give reasons, what is a primary function of this procedural step?

    <p>It informs affected parties about the decision's substance. (B)</p> Signup and view all the answers

    What aspect does procedural principles address during the decision-making process?

    <p>The consideration of individual interests. (D)</p> Signup and view all the answers

    What does Article 41 CFR protect regarding administrative actions?

    <p>The right to good administration. (A)</p> Signup and view all the answers

    Which of the following describes a limitation placed upon administrations during decision-making?

    <p>Respect for fundamental rights. (A)</p> Signup and view all the answers

    Why is transparency of information critical in administrative processes?

    <p>It is necessary for fair and accountable administration. (C)</p> Signup and view all the answers

    Which of the following is a part of the core feature of the duty of care in administration?

    <p>The careful establishment and review of relevant elements. (A)</p> Signup and view all the answers

    What does the rule of law require from administrative authorities in the EU?

    <p>Administrative authorities are always bound by law. (D)</p> Signup and view all the answers

    Which principle protects individuals who rely on consistent administrative actions?

    <p>Legitimate Expectations (A)</p> Signup and view all the answers

    What does the principle of proportionality ensure regarding EU government actions?

    <p>Government actions must be appropriate and not impose excessive burdens. (B)</p> Signup and view all the answers

    Under which circumstance can unlawful acts be revoked according to EU law?

    <p>Under reasonable circumstances only. (A)</p> Signup and view all the answers

    What is a key requirement for the application of the principle of legal certainty?

    <p>Laws must be non-retroactive unless public interest demands otherwise. (C)</p> Signup and view all the answers

    Which article of the TFEU addresses grounds for jurisdiction in cases of misuse of powers?

    <p>Art 263(2) (D)</p> Signup and view all the answers

    Which statement accurately reflects the precautionary principle in EU administrative law?

    <p>It promotes caution when there is a potential risk to public health or the environment. (D)</p> Signup and view all the answers

    What does the concept of 'marginal review' refer to in the context of EU law?

    <p>A limited review focusing on areas with wide legislative discretion. (B)</p> Signup and view all the answers

    Flashcards

    Pacta Sunt Servanda

    Treaties must be kept in good faith.

    Monism

    Unitary legal system with international law above domestic law.

    Dualism

    International and domestic law are separate systems.

    Self-executing norms

    International treaty provisions directly applicable in domestic law.

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    International responsibility

    A state's liability for violating international law.

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    Attribution

    Assigning state responsibility for an act.

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    Jus Cogens

    Peremptory norms of international law.

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    Erga Omnes

    Obligations towards the international community.

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    Negotiation

    Direct discussion between parties.

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    Good Offices

    Third party facilitating communication.

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    Mediation

    Third party actively involved in negotiations.

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    Arbitration

    Using an arbitral tribunal to settle disputes.

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    International Court of Justice (ICJ)

    Primary judicial organ of the UN.

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    Jurisdiction Ratione Personae

    ICJ's authority over states.

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    Jurisdiction Ratione Consensus

    ICJ's jurisdiction based on agreement.

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    Jurisdiction Ratione Materiae

    ICJ's authority over specific issues.

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    Preliminary Objections

    Challenges to the ICJ's jurisdiction.

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    Provisional Measures

    Temporary measures by the ICJ to preserve rights.

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    Intervention

    Third party involvement in ICJ proceedings.

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    Counterclaims

    Additional claims against the opposing party in a case.

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    Rule of Law

    All actions of an administration must adhere to the law.

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    Legal Certainty

    Predictable laws that apply consistently.

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    Legitimate Expectations

    Protection of reliance on consistent government actions.

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    Proportionality

    Governmental actions suitable to the issue.

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    International Law vs National Law

    International law governs relationships between states, while national law applies within individual countries. International law needs to be incorporated into national law to impact individuals.

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    Consent in International Law

    States participate in international law based on their agreement. No central authority forces them.

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    Sovereign Legislative Body

    States create international law through agreements, treaties, and conventions.

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    Lack of Global Executive

    There's no single government enforcing international law. States are responsible for compliance.

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    Diplomatic Dispute Settlement

    Methods like negotiation, mediation, and arbitration aim to resolve disputes between states peacefully.

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    Other Dispute Settlement Bodies

    Besides the ICJ, specialized bodies like WTO and UNCLOS handle disputes in their respective areas, like trade or maritime law.

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    Public Administration's Goal

    Public administration serves the public interest, meaning it aims to benefit the whole society and its citizens.

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    Public Administration's Power Source

    Legislators empower public administration bodies by granting them authority to implement laws and policies.

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    Public Administration's Tools

    Public administration carries out its policies through 'juridical acts' (laws, regulations) and 'factual acts' (concrete actions like building roads).

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    Global Administration Law

    Global administration law addresses issues arising from interdependence between nations, like environmental protection or trade.

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    EU Administrative Law's Dual Role

    EU law can be implemented directly by EU institutions or indirectly through national administrations, creating multiple layers of decision-making.

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    What are the types of international obligations?

    There are three types of international obligations: Erga singulum, Erga omnes partes, and Erga omnes. Erga singulum obligations are reciprocal obligations between two states. Erga omnes partes obligations are obligations in relation to a group of states. Erga omnes obligations are obligations towards the international community.

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    Objective element of a breach of international law

    The objective element of a breach of international law refers to the actual violation of an international obligation. To establish a breach, the state must have been bound by the obligation at the time of the breach. There is no minimum level of gravity required, but the consequences of the breach can vary. A breach can occur through an action, a failure to prevent something, or by endorsing a breach.

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    Consequences of a breach

    A breach of international law creates a new juridical (legal) relationship between the states involved. The original juridical relationship still exists, but the breach creates new obligations for the responsible state. These obligations usually include ceasing the act, guaranteeing that it won't happen again, and making reparations (restitution, compensation, or satisfaction).

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    Breach of Erga omnes obligations

    Serious breaches of Jus Cogens norms (fundamental principles of international law) trigger specific obligations for all states. These breaches require non-recognition by all states, non-assistance to the violating state, and cooperation to end the breach through lawful measures.

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    Enforcement measures

    Enforcement measures aim to pressure states to comply with their international obligations. Countermeasures are decentralized actions taken by injured states or other states in response to an Erga omnes obligation. Institutionalized sanctions are enforced through international organizations and are only applicable to their members.

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    Discretionary Power

    The freedom for decision-makers to choose among different options when applying general rules, within specific limits.

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    Procedural Principles

    Rules governing the decision-making process of an administration, ensuring fairness and protection of individuals' rights.

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    Right to Good Administration

    A core legal principle ensuring impartial, careful, timely, and transparent decision-making by administrations.

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    Duty of Care

    The obligation of administrations to thoroughly investigate cases and consider all relevant facts and laws before making decisions.

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    Duty to Give Reasons

    The requirement for administrations to clearly explain their decisions, allowing affected individuals to understand and challenge them.

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    Transparency

    Openness and accessibility of information, crucial for both good administration and informed public participation.

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    Article 296 TFEU (Transparency)

    Legal acts within the EU must be clearly justified and refer to relevant proposals, initiatives, or opinions.

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    Flexibility (Discretionary Power Advantage)

    Discretionary power allows administrations to tailor their actions to specific situations and effectively implement policies.

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    Right of Access to Documents

    Individuals can request documents held by EU institutions, allowing transparency and accountability.

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    Covered Institutions

    The European Parliament, Commission, and Council of Ministers are subject to the right of access.

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    What is a 'Document'?

    Any written or electronic file held by EU institutions, including memos, emails, and reports.

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    Who is a 'Beneficiary'?

    Anyone can request documents, including individuals, businesses, and organizations.

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    Exceptions to Access

    EU institutions can refuse access to protect public security, privacy, commercial interests, or ongoing legal matters.

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    Rule of Law in EU Administration

    Administrative authorities are granted powers by law to pursue public interests. These powers have limits set by law.

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    Legality Principle

    Administrative actions must be based on and comply with existing legal rules. It ensures that the administration acts within its legal boundaries.

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    Legal Certainty in EU Law

    Laws are clear, precise, predictable, and generally apply prospectively (to future events).

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    Non-retroactive Application

    Laws generally apply to events that occur after they are enacted, unless there's a public interest reason to apply them retroactively.

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    Legitimate Expectations in EU Law

    Individuals can rely on consistent administrative actions, and their interests are protected if those actions change.

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    Proportionality Principle

    Government actions must be appropriate to their objectives and not impose disproportionate burdens relative to their aims, ensuring fairness.

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    Marginal Review

    A level of judicial review where courts check for major errors in government decisions in areas where the government has wide discretion.

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    Full Review

    A level of judicial review where courts thoroughly examine the legality of government decisions in areas where there is less government discretion.

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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.

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