International Law and Domestic Compliance
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Questions and Answers

Which of these are conditions to apply international law in domestic legal order? (Select all that apply)

  • Ensure that all international law is incorporated into national law
  • Bring domestic legislation in line with international law (correct)
  • Prohibit parties from using domestic law to avoid fulfilling their treaty obligations (correct)
  • Adopt new legislation or administrative legislation (correct)

    • Monism is a legal system that prioritizes international law over national law.

    True

    The 'pacta sunt servanda' principle asserts that international agreements are not legally binding on states.

    False

    Dualism proposes that states can freely opt out of adhering to international law.

    <p>False</p> Signup and view all the answers

    What are self-executing norms in international law?

    <p>Self-executing norms are treaty provisions that can be directly applied by domestic legal systems without further legislative action because they are clear and precise enough to provide a remedy in a specific case.</p> Signup and view all the answers

    Every treaty is legally binding on the parties involved and they must fulfill their obligations under the treaty in good faith.

    <p>True</p> Signup and view all the answers

    What is the purpose of international dispute settlement?

    <p>International dispute settlement is a process where states or international organizations agree to use specific mechanisms to resolve legal disputes through negotiation or mediation. It aims to resolve disputes peacefully and ensure the application of international law.</p> Signup and view all the answers

    International dispute settlements typically involve compulsory actions by states to resolve disputes.

    <p>False</p> Signup and view all the answers

    How are enforcement and dispute settlement different in international law?

    <p>Enforcement in international law focuses on ensuring that international law's principles are upheld in practice. It emphasizes deterrence and the application of sanctions for violations. Dispute settlement, on the other hand, refers to a structured process aimed at resolving disagreements between parties. It seeks to prevent conflicts from escalating into serious disputes.</p> Signup and view all the answers

    According to Hans Kelsen, a dispute becomes a legal dispute when it can be settled using pre-existing laws.

    <p>True</p> Signup and view all the answers

    In the international legal system, there is no central authority that oversees enforcement of international law.

    <p>True</p> Signup and view all the answers

    In the international legal system, international law relies primarily on the ______ of states to comply with its provisions.

    <p>consent</p> Signup and view all the answers

    International law is only applicable to states and does not apply to individuals.

    <p>False</p> Signup and view all the answers

    Match the following types of diplomatic methods of dispute settlement with their descriptions.

    <p>Negotiation = Parties actively engage in discussion and compromise to reach a mutually agreeable solution, without the involvement of a third party. Good Offices = A third party facilitates communication between disputing parties, but does not actively offer solutions. Mediation = A third party actively participates in discussions, proposing solutions and influencing the negotiation process Inquiry = A process where a body investigates the facts and circumstances surrounding a dispute to gather information and provide a factual basis for further action. Conciliation = Involves elements of both mediation and inquiry, offering recommendations or proposals for resolution, but these are not legally binding. Arbitration = A formal process where parties agree to have a neutral third party (arbitrator) issue a binding decision based on international law.</p> Signup and view all the answers

    The ICJ (International Court of Justice) has the authority to compel states to appear before it and resolve disputes.

    <p>False</p> Signup and view all the answers

    The ICJ acts as a court for resolving disputes between Member States of the United Nations and also acts as a legislative body for setting new international law.

    <p>False</p> Signup and view all the answers

    What is the primary purpose of international responsibility?

    <p>International responsibility involves holding a state accountable for violating its international obligations, establishing a process for addressing the consequences of such breaches, and ensuring that states are held accountable for their actions.</p> Signup and view all the answers

    International responsibility is based on the concept of 'pacta sunt servanda' which requires states to fulfill their treaty obligations.

    <p>True</p> Signup and view all the answers

    The principle of international responsibility only applies when a state has passed domestic legislation that violates international law.

    <p>False</p> Signup and view all the answers

    The concept of 'jus cogens' refers to peremptory norms of international law that cannot be derogated from by any state.

    <p>True</p> Signup and view all the answers

    The concept of 'erga omnes' obligations applies when a state violates a specific agreement with another state.

    <p>False</p> Signup and view all the answers

    When a state breaches an international obligation, it must only fulfill reparation measures if the consequences of its breach were significant.

    <p>False</p> Signup and view all the answers

    Compensation, restitution, and satisfaction are the three methods of reparation for states that violate an erga omnes obligation.

    <p>True</p> Signup and view all the answers

    The ICJ is the most widely used method for resolving international disputes, and its decisions are always enforced.

    <p>False</p> Signup and view all the answers

    The ICJ can only hear cases brought by states, not by individual citizens or organizations.

    <p>True</p> Signup and view all the answers

    The ICJ can only exercise jurisdiction over states that have specifically agreed to its jurisdiction.

    <p>True</p> Signup and view all the answers

    The ICJ has general compulsory jurisdiction over all international disputes.

    <p>False</p> Signup and view all the answers

    International administrative law emerged at the beginning of the 20th century, stemming from the need to regulate public entities.

    <p>False</p> Signup and view all the answers

    What are the key functions of public administration?

    <p>Public administration is responsible for providing public goods and services to citizens, implementing the policies established by the legislature, and ensuring that governmental actions comply with legal frameworks. It also involves the regulation of public entities and ensuring efficient service delivery.</p> Signup and view all the answers

    International administrative law is concerned with how states interact domestically, not with how they interact globally.

    <p>False</p> Signup and view all the answers

    The rise of globalization has contributed to the development of international administrative law.

    <p>True</p> Signup and view all the answers

    EU administrative law is separate from international administrative law.

    <p>False</p> Signup and view all the answers

    EU administrative law is primarily based on case law and precedents.

    <p>False</p> Signup and view all the answers

    Powers of the EU administration are fixed and uniform, applying equally to all areas and issues.

    <p>False</p> Signup and view all the answers

    EU administrative law ensures that the EU administration acts within the limits set by the EU legal framework.

    <p>True</p> Signup and view all the answers

    Discretionary power in EU administrative law implies that administration can disregard fundamental rights.

    <p>False</p> Signup and view all the answers

    EU administrative law emphasizes a procedural approach, focusing on how decisions are made, not on what decisions are made.

    <p>True</p> Signup and view all the answers

    The principle of 'good administration' requires the administration to be impartial and ensure that decisions are taken in a timely manner.

    <p>True</p> Signup and view all the answers

    The principle of 'good administration' requires the administration to be completely independent of any political influence.

    <p>False</p> Signup and view all the answers

    The 'duty to give reasons' principle allows individuals to challenge a decision by providing legal arguments for why the decision is wrong.

    <p>True</p> Signup and view all the answers

    The right of access to documents within EU administration is limited to citizens, not including organizations or other entities.

    <p>False</p> Signup and view all the answers

    The principle of legal certainty means that laws should be clear, predictable, and applied consistently.

    <p>True</p> Signup and view all the answers

    The principle of proportionality requires that administrative actions are proportionate to the aims they are intended to achieve.

    <p>True</p> Signup and view all the answers

    The precautionary principle calls for action only after scientific certainty is established about the potential risks of a phenomenon.

    <p>False</p> Signup and view all the answers

    Discretionary power under EU administrative law is an unlimited power that allows administrators to act as they see fit.

    <p>False</p> Signup and view all the answers

    The principle of 'jus cogens' and the principle of 'erga omnes' obligations apply to states but have no relevance to the EU administration.

    <p>False</p> 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 pacta sunt servanda, meaning agreements must be kept.
    • Article 27 prohibits parties from using domestic law to avoid treaty obligations.
    • Domestic legal systems determine the conditions for applying international law.
    • Two theoretical approaches exist for applying international law domestically:
      • Monism: A unitary legal system where international law is supreme to domestic law.
        • Historical variations in accepting international law supremacy include the rise of nationalism and authoritarianism in the 18th and 19th centuries, compared to the more consistent international law supremacy of the 20th century with legal scholars like Hans Kelsen.
      • Dualism: International and domestic law are separate legal systems.
        • States are distinct from individuals.
        • Customary international law, treaties, and statutes differ.
        • International Law must be transformed into national law to apply to individuals.
    • Self-executing norms from international treaties can directly apply within a state's domestic legal system if appropriately precise.

    Theoretical Approaches to Application

    • Monism: A unifying legal system embracing all legal orders.
      • Two versions:
        • Supremacy of municipal law (18th-19th centuries): International law isn't binding on states.
        • Supremacy of international law (20th century, Hans Kelsen): International law as supreme to national laws within one legal system.
    • Dualism: Two distinct legal systems.
      • International law governs states and domestic laws govern individuals.
      • Sources differ – customary and treaty law versus national statutes.
      • International law needs transformation into national law to affect individuals.

    Enforcement of International Law

    • Mechanisms guarantee international law application against state or international organization (IO) will.
    • Dispute settlement processes include negotiation, good offices, mediation, inquiry, conciliation, and arbitration.
    • Arbitration is a method of dispute resolution using an arbitral tribunal (ad hoc).
    • Different international legal systems arise from the lack of central authority (states/subjects) and sovereign legislative bodies with principle of consent.

    International Responsibility and Sanctions

    • Primary rule: An international obligation where a state or international organization (IO) fails to fulfill its duty.
    • First juridical relation: between states.
      • Rights and obligations for international legal subjects and for humanity.
    • Second juridical relationship: (new relation) arises after breach of the primary rule.
      • New rights and obligations are created with initial obligations persisting.
      • International responsibility includes consequences and includes new rights and obligations.

    Determining Responsibility

    • Subjective element: state/IO attribution.
      • State organs, acting or not on their own initiative.
      • Individuals or entities exercising government functions; acting as a state organ.
      • State organs operating outside of state's approval.
    • Objective element: breach of the obligation.
      • State being bound by the obligation.
      • Consequences (variety) of a breach based on the obligation.
      • Non prevention
      • Endorsement.

    Breach of Erga Omnes Obligations

    • Applies only in serious breaches of Jus Cogens norms.
    • Non-recognition/non-assistance in violation.
    • Other states must not recognize or cooperate to end the breach.
    • Enforcement measures include decentralized countermeasures to pressure for compliance.

    International Court of Justice (ICJ)

    • 15 judges elected by the UN General Assembly and Security Council.
    • Judges represent diverse legal systems.
    • Part of the UN's peaceful dispute settlement mechanisms.
    • Decides legal disputes between states.
    • Provides advisory opinions on legal issues referred by UN organs.
    • Functions and procedures in case proceedings.

    Jurisdiction of the ICJ

    • State consent, principle of consent, is crucial.
    • Jurisdiction issues involving third party states or intervention cases.
    • Procedure for contentious cases, involving parties' applications, written proceedings, and preliminary objections.
    • Preliminary objections include procedural matters that need resolutions before the merits can be reviewed.

    Additional Principles of EU Administrative Law

    • Specific principles of EU administrative law.
    • EU procedural rules for decision-making.
    • EU administrative law's substantive principles: rule of law, legal certainty, legitimate expectations, proportionality, precautionary principle.
    • Principles and grounds for challenge or invalidating governmental decisions.
    • Importance of legal certainty and non-retroactivity of laws.
    • Role of the Court of Justice of the European Union (CJEU) in upholding the principles.
    • EU administrative law's principles and rules around specific elements like the legality principle, revocation of acts, and legitimate expectations.
    • Proportionality principle in EU administrative actions.
    • Precautionary principle used to address risk management in scientific uncertainty.

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    Description

    This quiz explores the application of international law as governed by the Vienna Convention on the Law of Treaties. It covers key principles such as pacta sunt servanda and distinguishes between monism and dualism in the context of treaty obligations and domestic law. Test your understanding of how these theories influence legal systems worldwide.

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