International Law and Human Rights Quiz
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Questions and Answers

What was the primary reason the British forces set fire to the Caroline?

  • It was a government ship.
  • It was transporting weapons for rebels. (correct)
  • It was blocking British naval passage.
  • It was a passenger ship.
  • Which condition is NOT part of the necessity for self-defense as outlined by the US Secretary?

  • The necessity must be carefully deliberated. (correct)
  • The necessity must be instant.
  • The necessity must leave no choice of means.
  • The necessity must be overwhelming.
  • In the Iran v US case, why did the court rule that an attack on a ship not flagged by a state does not count as an attack on that state?

  • There was a lack of direct aggression.
  • The law of the sea requires the ship to be flagged. (correct)
  • The ship was in international waters.
  • The ship was privately owned.
  • According to Article 51 of the UN Charter, when can a state invoke the right of self-defense?

    <p>When it is a victim of an armed attack. (A)</p> Signup and view all the answers

    Which scenario raises a question about whether international terrorism can be considered an armed attack?

    <p>Cities within a state face random acts of violence. (C)</p> Signup and view all the answers

    What is a key principle established in the Costa v. ENEL case regarding state power?

    <p>Union law can supersede national law in certain cases. (D)</p> Signup and view all the answers

    Which of the following values is NOT a foundation of the Union?

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

    What does the Union look into regarding fundamental rights?

    <p>National laws and constitutional traditions common to Member states. (B)</p> Signup and view all the answers

    In the Egenberger case, what type of discrimination was challenged?

    <p>Religious discrimination related to employment. (A)</p> Signup and view all the answers

    Under which articles of the EU Charter of Fundamental Rights are interpretations aligned with ECHR case law?

    <p>Articles 52-53 (C)</p> Signup and view all the answers

    What determines the activities governed by EU law?

    <p>EU law itself. (C)</p> Signup and view all the answers

    What happens when states refuse to implement Union law?

    <p>They can be penalized through EU sanctions. (A)</p> Signup and view all the answers

    In cases concerning fundamental rights, which aspect does the court consider?

    <p>Both institutional behavior and Member States' actions. (A)</p> Signup and view all the answers

    What does Article 43 of the Hague Convention stipulate regarding the authority of an occupier?

    <p>Authority and not sovereignty passes to the occupier. (C)</p> Signup and view all the answers

    According to the principle of distinction, which of the following is classified as a civilian object?

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

    What does the principle of proportionality, as stated in Article 52, refer to in the context of military operations?

    <p>Attacks must balance military advantage against civilian harm. (B)</p> Signup and view all the answers

    What kind of breaches of international humanitarian law can potentially be classified as genocide?

    <p>Breaches including war crimes and crimes against humanity. (D)</p> Signup and view all the answers

    What major challenge complicates the enforcement of international humanitarian law according to the provided content?

    <p>Blurred lines between international and non-international conflicts. (C)</p> Signup and view all the answers

    What was the primary aim of Churchill's 'Let Europe arise' speech in 1946?

    <p>To call for a regional cooperative body under the UN. (C)</p> Signup and view all the answers

    Which individuals played a significant role in European integration after World War II?

    <p>Jean Monnet and Robert Schuman. (C)</p> Signup and view all the answers

    What was the general sentiment in Europe following the devastation of World War II?

    <p>A strong need for lasting peace and cooperation. (D)</p> Signup and view all the answers

    What role does the Advocate General play in the General Court?

    <p>They provide non-binding opinions that are mostly followed by the Court. (A)</p> Signup and view all the answers

    Which court can a private individual appeal to regarding a decision made by a national court?

    <p>No court, as there is no direct appeal possible. (B)</p> Signup and view all the answers

    What is a characteristic feature of the principle of collegiality among judges in the General Court?

    <p>Judges communicate and persuade each other in a respectful atmosphere. (D)</p> Signup and view all the answers

    What is the largest chamber within the General Court?

    <p>The Grand Chamber (A)</p> Signup and view all the answers

    What does the Court of Justice of the EU primarily ensure regarding its judgements?

    <p>Judgements must be followed by the referring national court. (C)</p> Signup and view all the answers

    What is one of the concerns raised about the Court of Justice's approach to law interpretation?

    <p>It sometimes interprets law in a way that fosters greater integration. (D)</p> Signup and view all the answers

    What is required for a Full Court to convene?

    <p>A case deemed of exceptional importance. (A)</p> Signup and view all the answers

    Which statement correctly describes the relationship between national courts and the Court of Justice of the EU?

    <p>National courts serve as gatekeepers that can refer questions to the Court of Justice. (D)</p> Signup and view all the answers

    What did the European Commission challenge regarding UK regulations?

    <p>A UK rule requiring specific car lights (B)</p> Signup and view all the answers

    Which legal principle ensures the full effectiveness of EU law by obligating both member states and EU institutions to act?

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

    Which of the following was a significant outcome of the Gend & Loos case in 1963?

    <p>Introduction of the doctrine of direct effect (B)</p> Signup and view all the answers

    In the context of the direct effect doctrine, which of the following criteria does NOT apply?

    <p>Must be negated (C)</p> Signup and view all the answers

    What was the main issue addressed in the Defrenne v Sabena case?

    <p>Discrimination in pay based on gender (D)</p> Signup and view all the answers

    What was the Belgian government's argument in the Defrenne case?

    <p>It was not liable for discrimination by Sabena (C)</p> Signup and view all the answers

    Which of these statements about the judicial obligations of France in the Commission v. France case is true?

    <p>France failed to adequately protect free movement of goods (D)</p> Signup and view all the answers

    How did the Court originally describe the nature of EU law in the Gend & Loos case?

    <p>A new legal order with authority (A)</p> Signup and view all the answers

    What is the essence of where the EU is heading according to Article 3 TEU?

    <p>Establishing an area of freedom, security, and justice without internal borders (D)</p> Signup and view all the answers

    Which article indicates that EU citizenship is additional to national citizenship?

    <p>Article 20, §1 TFEU (C)</p> Signup and view all the answers

    In the case of Rottman (2010), what legal principle was not upheld when revoking nationality?

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

    What is the maximum duration for short-term residence as defined in Article 6 of the Citizens Directive?

    <p>3 months (C)</p> Signup and view all the answers

    Under Article 16, §4 of the directive, what can happen to a citizen's residence rights?

    <p>They can be lost under certain conditions (A)</p> Signup and view all the answers

    What is required for residence in another member state for longer than 3 months according to Article 7 of the directive?

    <p>Proof of employment (A)</p> Signup and view all the answers

    Which article details the conditions for short-term residence in the EU?

    <p>Article 6 Directive (B)</p> Signup and view all the answers

    What is one of the conditions for residence as stated in the content?

    <p>Requirement to be self-sufficient (C)</p> Signup and view all the answers

    Flashcards

    What was the Caroline incident?

    The Caroline incident (1837) involved a British ship attacking a US ship carrying weapons for Canadian rebels. The US protested, asserting that self-defense against an attack is justified only when the attack is instant, overwhelming, leaving no choice of means, and no moment for deliberation.

    What are the criteria for self-defense under international law (based on the Caroline incident)?

    The Caroline incident established a legal criteria for self-defense: It must be instant, overwhelming, leaving no choice of means, and no moment for deliberation. This means the attack needs to be imminent and unavoidable.

    What does the UN Charter Article 51 say about self-defense?

    The UN Charter Article 51 allows states to use force in self-defense against an armed attack. However, this right is conditional and only applies when a state has been subjected to an armed attack, according to the definition of armed attack as established by international law.

    What was the key point of the Iran vs US case (regarding Article 51)?

    In the Iran v US case, the court ruled that an attack on a ship owned by a state but not flagged by that state is not considered an attack on the state itself. The court considered the importance of a ship's flag under international law, which determines its nationality and under which state it falls for legal purposes. Therefore, an attack on an unflagged ship is not an attack on the state that owns it. This affects the applicability of Article 51 of the UN Charter.

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    Can international terrorism be considered an armed attack under international law?

    International law is still evolving on the question of whether international terrorism can be considered an armed attack. This would be important for determining whether states can invoke Article 51 of the UN Charter to justify military actions against a terrorist group.

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    Occupation Power

    A situation when one state controls the territory of another state without possessing sovereignty. The occupying power has obligations to ensure order, maintain existing laws, and protect civilians.

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    Principle of Distinction

    The principle that civilians and civilian objects are not targets during armed conflict. Military action must be directed at military objectives only.

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    Principle of Proportionality

    The concept that military action must be conducted only in proportion to the military advantage sought. Damage to civilian objects or casualties should be minimized.

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    Cardinal Principles of IHL

    The principle that the Geneva Conventions and other agreements on humanitarian law are the most important rules of international law.

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    International Humanitarian Law (IHL)

    A legal framework that governs the conduct of war and aims at protecting civilians, prisoners of war, and other vulnerable groups during armed conflict.

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    The European Union (EU)

    The European Union is an economic and political union of 27 European states. It was formed in 1993 when the Maastricht Treaty came into force.

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    European Integration

    The process of integrating European countries politically and economically. It began in the 1950s and has resulted in shared governance and economic cooperation.

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    Let Europe Arise

    The 1950 speech by Winston Churchill calling for a United States of Europe. This speech is considered the birthplace of the modern European Union.

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    Court of Justice

    The highest court in the EU legal system, where decisions are final and binding. Appeals from the General Court are heard here.

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    General Court

    A lower EU court handling appeals from EU institutions' decisions, and certain cases involving individuals and businesses.

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    Principle of Collegiality in the General Court

    Judges working together towards a common goal with mutual respect and a focus on reaching accurate legal conclusions.

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    Advocate General

    A legal representative of the public interest, providing non-binding opinions on cases before the Court of Justice.

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    Merits of the Dispute and National Court's Gatekeeper Role

    The power of the national court to determine the facts and legal issues in a case, while referring specific questions of EU law to the Court of Justice for interpretation. It doesn't mean individuals can directly appeal to the Court of Justice.

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    The Court of Justice's Power and Potential Concerns

    The Court of Justice's power to shape and develop EU law through its judgments, leading to concerns about its influence and potential for overstepping its boundaries.

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    Judicial Legislation

    Judgments that interpret legal provisions in a way that goes beyond the plain meaning of the text, potentially influencing future legal developments. It raises concerns about judicial overreach.

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    Teleological Reasoning

    A method of interpretation where legal provisions are understood in the context of the broader purpose and goals of the EU legal framework. Critics argue it may lead to biased judgments.

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    Curbing state power

    States have limited their sovereign rights, meaning they have given up some of their power to make decisions independently.

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    EU law as a new legal order

    EU law is a new legal order. This means it has its own rules that are separate from those of national governments.

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    EU law autonomy

    This principle means that EU law has the power to decide which activities are controlled by it and how they are controlled.

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    EU founding values

    The European Union was founded on a set of core values including respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights.

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    ECJ interpretation of fundamental rights

    The European Court of Justice (ECJ) will look at the national laws regarding fundamental rights and the constitutional traditions common to EU Member States when interpreting EU law.

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    EUCFR

    The Charter of Fundamental Rights of the European Union (EUCFR) is a document that outlines the fundamental rights of all citizens in the EU.

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    Egenberger case

    In the case of Egenberger v. Evangelische Werk, the European Court of Justice ruled that the Charter of Fundamental Rights can be invoked against a private party.

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    EU law interpretation and the ECHR

    The interpretations of EU law on human rights are aligned with the case law of the European Court of Human Rights (ECHR) whenever the rights are the same as those in the ECHR.

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    Direct effect of EU law

    The EU legal system has its own authority and individuals can directly invoke EU law in national courts.

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    Criteria for direct effect

    EU law can be directly invoked in national courts if it is clear, unconditional, negatively phrased, and does not require legislative action.

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    Fidelity principle

    A principle requiring each level of the EU system to act effectively to ensure the functioning of EU law.

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    Challenging national laws

    The EU Commission can challenge national laws that contradict EU directives, even if the national law aims to achieve similar goals but through different means.

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    State liability for private actions

    National governments have a responsibility to protect the free movement of goods, even from actions by private individuals, by taking measures to prevent and prosecute illegal acts.

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    Commission v. France

    The Court ruled that France failed to adequately protect the free movement of goods by not taking sufficient measures to stop violent protests against Spanish strawberry imports.

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    Criteria for invoking EU law in court

    A provision could be invoked by individuals before national courts if it was clear, unconditional, negatively phrased, and did not require legislative intervention. These criteria were subsequently relaxed.

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    Defrenne v. Sabena

    The Defrenne v Sabena case established a legal principle that EU law can directly benefit individuals, imposing duties on national administrations to protect these rights even against private companies.

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    What is the European Union (EU)?

    The EU is a union of 27 European countries that promotes economic and political integration, marked by freedom of movement, a single market for goods and services, and a shared currency (the Euro) in some member states.

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    What does Article 3 of the Treaty on European Union (TEU) say?

    Article 3 of the Treaty on European Union (TEU) outlines the EU's fundamental values, including freedom, security, and justice without internal borders, a single market, and an economic and monetary union.

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    What is EU citizenship?

    EU citizenship is an additional right granted to citizens of member states, ensuring they can enjoy freedoms and rights within the EU, but it does not replace national citizenship.

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    Do EU citizens have the right to move around freely?

    EU citizens have the right to move and reside freely within EU member states but must fulfill certain conditions, such as having sufficient resources and health insurance.

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    For how long can an EU citizen stay in another member state without restrictions?

    Citizens of EU member states can reside in another member state for up to three months without any specific requirements.

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    What are the requirements for EU citizens residing in another member state for more than 3 months?

    An EU citizen residing in another member state for more than three months must meet requirements such as having sufficient resources and health insurance.

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    How can an EU citizen become a permanent resident in another member state?

    EU citizens can become permanent residents of another member state after living there for five years, enjoying further rights and freedoms.

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    Can an EU citizen lose their right to reside in another member state?

    EU citizens can lose their right to reside in another member state under certain circumstances, such as becoming a threat to public order or security.

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    Study Notes

    International Law Study Notes

    • A state cannot invade another state. International law is about states, not people; it cannot be taken away.
    • The objective of international law is to create order.
    • States create international law, not people.
    • States are sovereign and equal. This means each state decides how it will organize itself.
    • The Montevideo Convention (art 18 UN Charter) outlines the creation of states, including permanent population, territory, government, and the ability to interact with other states.
    • International law is shaped by political and social factors, leading to skepticism about its effectiveness. Many believe power, not law, governs international relations.
    • A key criticism is its lack of enforceability, raising doubts about its legitimacy as "true law."
    • International law relies on states' recognition and acceptance; the absence of a global governing body does not diminish its impact. States frequently comply with international law, even when it conflicts with their interests, driven by a principle of voluntarism.
    • The League of Nations, created in 1919 after World War I, aimed to promote peace but struggled due to the absence of U.S. and Soviet Union influence, focusing primarily on European concerns.
    • The United Nations (UN), established in 1946, succeeded the League of Nations, aiming to address shortcomings and act as a global organization based in New York.

    Principal Organs of the UN

    • Security Council:
      • Responsible for maintaining international peace and security, as outlined in UN Charter articles 23 and 27.
      • Possesses significant enforcement powers (art 41 and 42).
      • Any decision can be vetoed by one of the 5 permanent members: France, UK, China, Russia, US
      • An exception to this exists for procedural decisions.
      • Consists of 15 members, including 5 permanent and 10 non-permanent members, reflecting power dynamics.
    • General Assembly:
      • Serves as the 'parliament' of the UN, a platform for discussion of international issues.
      • Membership involves all UN member states.
      • Decisions are recommendations, not binding, unless reflecting customary international law.
    • UN Secretariat:
      • Provides administrative support to the UN (art 97-99).
      • Important role in human rights recommendations (not binding)

    International Court of Justice (ICJ)

    • Established in 1946, the ICJ is the successor to the Permanent Court of International Justice. Located in The Hague, Netherlands.
    • Operates under the UN Charter (art 92).
    • Consist of judges (art 2 and 3 of the statute).
    • Has the function of interpreting and applying international law, but does not create new laws.
    • Art 35 and 93 set out the access and jurisdiction rules for the Court. Advisory Opinions (art 65 and 96 UN Charter) provide non-binding legal guidance but do not create obligations.
    • Decisions are binding on the involved parties but do not set precedents.
    • The Court's role is to interpret and apply existing international law.
    • Includes cases like Cameroon v UK; Serbia and Montenegro v UK; Libya v Malta; and Congo v Rwanda
    • Important articles: 35 (access to ICJ), 93 (UN Charter), 65 (advisory opinions), 96 (advisory opinions), 59, 60 (binding decisions)

    Applying International Law

    • Defines sources: international conventions, customary international law, general principles recognized by nations, judicial decisions, and teachings from leading legal scholars.
    • Describes remedies:
      • Declaratory judgment — A declaration that the respondent state violated international law.
      • Reparations — Compensation for damages incurred due to the breach.
    • Discusses court decision enforcement methods, and reliance on UN bodies for enforcement.

    Sources of International Law

    • Treaties: Agreements between states, often using the Vienna Convention as a framework. Treaties bind the states that have consented. International agreements are binding upon the states involved that participated in the agreement process. States are in principle free in determining if, and how they would participate in such agreement(s). International conventions can be based on international conferences.
    • Custom: Established practices understood as legally binding by states.
    • General Principles of Law: Recognized common principles within national legal systems.
    • Judicial Decisions: Precedents from international courts.
    • Scholarly Writings: Contributions from leading legal experts.

    Law of Treaties

    • Definition of a treaty/international convention.
    • Treaties are made through adoption, signature, exchange of instruments, ratification, or accession.

    Custom

    • Conventions can reflect custom, often binding on all states.
    • Customary international law is often unwritten and can emerge from consistent state practice over time, and a recognized obligation. Evidence is needed (state practice and opinio juris).

    General Principles of Law

    • Reparation
    • Res judicata
    • Good faith

    Judicial Decisions

    • Decisions of the ICJ are binding on the involved states only.
    • Legal doctrine helps to study the law.

    Hierarchy of Sources

    • There is no formal hierarchy, however, lex specialis derogate legi generali

    International Law in Relation to National Law

    • Dualism (international law and national law are separate systems)
    • Monism (international law is superior to national law)
    • Sovereignty → states can determine their own actions and responsibilities.

    Subjects of International Law

    • States: entities with populations, territories, governments, and the capacity to interact with other states. (Montevideo convention)
    • International Organizations: UN, etc.
    • Individuals: Emerging in areas like human rights law and criminal jurisdiction.

    International Protection of Human Rights

    • The Universal Declaration of Human Rights.
    • International Covenant on Civil and Political Rights.
    • International Covenant on Economic, Social and Cultural Rights.
    • Regional protection mechanisms (e.g., Council of Europe).
    • Mechanisms for protection include: UN; Commission on Human Rights; Human Rights Council; Committee on Economic, Social and Cultural Rights.

    Criminal Responsibility

    • International criminal tribunals (Nuremberg, ICTY, ICTR).
    • International Criminal Court (ICC).
    • Historical progression from the Nuremberg Tribunal to the present day.
    • The Rome Statute (establishing the ICC) defines jurisdiction and crimes it addresses.
    • Individuals' criminal responsibility before national and international courts.

    International Organizations

    • NATO (North Atlantic Treaty Organization).
    • OAS (Orgnization of American States).
    • OAU (Organic of African Unity).
    • Council of Europe
    • Emergence from the need for international cooperation and coordination (economic and social concerns / maintaining world peace).
    • Development from ad-hoc conferences to formally established institutions.
    • Functions and principles are often defined in treaties or constitutions.

    The Law of the Sea

    • Basics of sea-related law, including internal waters, territorial sea, baselines, the continental shelf, and the high seas.
    • Relevant articles from the 1982 UN Convention on the Law of the Sea.
    • Case studies and issues for the Law of the Sea often involve nationality, coastal states, and ships or vessels of other states.

    Polar Regions

    • Arctic Region: Res communis – part of the high seas (not land).
    • Antarctic Region: Treaty (1959) suspending territorial claims, focusing on environmental preservation, and cooperation.

    Jus in Bello (International Humanitarian Law)

    • Definition of international and non-international armed conflicts.
    • Basic principles of protection (distinction, proportionality), and common article 3
    • The Geneva Conventions – defining protected persons and activities during war.
    • Protection of civilians, wounded soldiers, and prisoners in war.
    • Occupation: Rights of the occupier.

    Dispute Settlement

    • Negotiation
    • Mediation
    • Inquiry
    • Conciliation
    • Arbitration
    • ICJ (International Court of Justice)
    • Primary EU law: Treaties on the EU — TEU and TFEU. Secondary EU law: Regulations, Directives, Decisions, Recommendations, and Opinions.
    • Sources of EU law: Treaties, regulations, directives, decisions, recommendations and opinions. Doctrines of conferred powers, primacy, and direct effect.
    • EU Institutions: European Parliament, European Council, the Council of Ministers, the European Commission.
    • Court of Justice of the European Union (CJEU): Judicial decisions, and importance of rulings in national courts to ensure EU law observance.
    • EU legal principles: Autonomy, primacy, direct effect, and the principle of effective remedies
    • State liability
    • Case studies for state liability.
    • Human cost and implications of various crises, including migration and economic pressures.
    • Historical development of the EU, including factors like the crises of the sovereign debt crisis (Greece and others); Brexit; or the crisis of liberal values.

    EU Competition Law

    • Regulation 1/2003: Commission enforcement.
    • Restrictive practices (agreements, concerted practices, decisions), and abuse of dominant position.
    • Antitrust provisions and penalties for infringements.

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    Test your knowledge on significant cases and principles of international law and human rights. This quiz covers topics such as self-defense, fundamental rights, and key legal cases from a global perspective. Perfect for students and enthusiasts of law and international relations.

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