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.

True Signup and view all the answers

What are the three main features of international responsibility?

Attribution to an International Subject, Conduct resulting in breach, and special legislation Signup and view all the answers

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

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

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

Erga Specificum Signup and view all the answers

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

Restitution, Compensation, and Satisfaction Signup and view all the answers

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

Risk management in cases of scientific uncertainty Signup and view all the answers

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

Globalization Signup and view all the answers

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

EU law is executed through national administrations Signup and view all the answers

What type of regulation does global administration law primarily address?

Consequences of globalized interdependence Signup and view all the answers

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

Movement from case law development to codification Signup and view all the answers

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

Environmental protection and trade in products Signup and view all the answers

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

The state must be bound by the obligation at the moment of the breach. Signup and view all the answers

What do erga omnes obligations entail?

Obligations towards the international community as a whole. Signup and view all the answers

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

Guarantee of remaining undetected. 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?

Cooperate to end the breach without recognition. Signup and view all the answers

What characterizes decentralized countermeasures in international law?

They are initiated by the injured state or other states on behalf of erga omnes obligations. Signup and view all the answers

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

European Parliament Signup and view all the answers

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

Commercial interests Signup and view all the answers

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

Any written or electronic piece of information held by an institution Signup and view all the answers

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

Protection of commercial interests Signup and view all the answers

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

If there is an overriding public interest in disclosure Signup and view all the answers

What are self-executing norms in international law?

Provisions that can be directly applied by a domestic legal system Signup and view all the answers

Which aspect differentiates international law from national law?

Lack of central authority and a sovereign legislative body Signup and view all the answers

What is the primary function of the ICJ?

To settle legal disputes submitted by states in accordance with international law Signup and view all the answers

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

It includes active participation in negotiations by a third party Signup and view all the answers

What distinguishes conciliation from other methods of dispute resolution?

It combines elements of mediation and inquiry but yields non-binding proposals Signup and view all the answers

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

Arbitration Signup and view all the answers

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

Consent is required for a state to be bound by an international agreement Signup and view all the answers

What is one limitation of the ICJ's jurisdiction?

The ICJ's jurisdiction is based on the consent of the states involved Signup and view all the answers

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

It must be exercised only by the designated individual. Signup and view all the answers

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

Engagement of all public members. Signup and view all the answers

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

It informs affected parties about the decision's substance. Signup and view all the answers

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

The consideration of individual interests. Signup and view all the answers

What does Article 41 CFR protect regarding administrative actions?

The right to good administration. Signup and view all the answers

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

Respect for fundamental rights. Signup and view all the answers

Why is transparency of information critical in administrative processes?

It is necessary for fair and accountable administration. Signup and view all the answers

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

The careful establishment and review of relevant elements. Signup and view all the answers

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

Administrative authorities are always bound by law. Signup and view all the answers

Which principle protects individuals who rely on consistent administrative actions?

Legitimate Expectations Signup and view all the answers

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

Government actions must be appropriate and not impose excessive burdens. Signup and view all the answers

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

Under reasonable circumstances only. Signup and view all the answers

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

Laws must be non-retroactive unless public interest demands otherwise. Signup and view all the answers

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

Art 263(2) Signup and view all the answers

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

It promotes caution when there is a potential risk to public health or the environment. Signup and view all the answers

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

A limited review focusing on areas with wide legislative discretion. Signup and view all the answers

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.