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Questions and Answers
What is the main difference between realists and liberals regarding the creation of a system of international law and organizations?
Who is associated with the 'Grotian notion of the ocean'?
What is the closest approximation to an international legislative body according to the text?
Which type of treaties are often intended to create norms?
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What is the international legal principle that states 'treaties must be respected'?
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What is the significance of formal treaty reservations regarding international law?
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What is the primary source of customary international law?
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Which of the following is NOT considered a 'gap-filler' source of international law?
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Which international legal institution has a global responsibility for resolving disputes among states under international law?
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Which statement accurately reflects the role of the World Court in international law adjudication?
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What is a necessary condition for the establishment of customary international law?
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Which international legal institution has the responsibility for adjudicating disputes related to international trade?
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What is the primary purpose of international organizations?
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Which type of IGO is exemplified by the United Nations?
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What role do IGOs play in contributing to international law development?
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Which is a characteristic of Regional IGOs?
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What distinguishes Intergovernmental Organizations (IGOs) from Non-governmental organizations (NGOs)?
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How do IGOs help address global challenges?
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What distinguishes the United Nations from other IGOs?
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Which of the following is NOT a matter dealt with by the United Nations?
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What key agencies are mentioned as being subsumed by the United Nations?
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What unique authority does the United Nations have that other IGOs lack?
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How many member states does the United Nations have?
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Which of the following statements is true about the United Nations?
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What is the primary responsibility of the Security Council within the UN structure?
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Which organ of the UN has the authority to issue nonbinding resolutions and declarations?
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What is the main function of the Economic and Social Council (ECOSOC) in the UN structure?
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Which organ of the UN serves as the bureaucratic arm with 9,000 full-time employees?
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When was the Trusteeship Council suspended, marking the end of its supervision of trust territories?
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Which chapter of the UN Charter deals with collective security and authorizes action by the Security Council?
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Study Notes
Customary International Law
- Established through objective state practices showing a pattern over time and a subjective sense that states observe the rule because they view it as obligatory.
International Court of Justice
- Also known as the "World Court"
- Global court with responsibility for resolving disputes among states under international law
- Part of the United Nations
International Law Adjudication
- The international legal system requires a system of courts that can apply laws
- Issue-specific institutions adjudicate some cases, such as the International Criminal Court, World Trade Organization, and International Court of Justice
The United Nations
- The most important intergovernmental organization (IGO) since the end of WWII
- Near universal membership (192 member states)
- Deals with all matters of international affairs, including war and peace, the global economy, human rights, environmental management, and global health management
- Has the authority to use military power to promote global security and to enforce international law
- Subsumes other key agencies, such as the World Bank, International Monetary Fund, World Health Organization, and the International Atomic Energy Agency
UN Structure
- Security Council: primary responsibility for maintaining international peace and security
- General Assembly: quasi-legislative organ of the UN, with authority to issue nonbinding resolutions and declarations
- The Secretariat: bureaucratic arm of the UN, with 9,000 full-time employees
- The Economic and Social Council (ECOSOC): coordinates and oversees UN economic and social programs
- The International Court of Justice: primary court of the international law
- Trusteeship Council: created to supervise UN trust territories and their move toward self-government (suspended in 1994)
UN Enforcement of Law and Order
- Enforcement of ICJ Decisions: Chapter XIV, Article 94
- Collective Security: Chapter VII authority, with a spotty record
- Security Council vetoes have hindered enforcement, such as in the case of Iraq and the 1990 invasion of Kuwait
International Law and Organization
- Realists and liberals have different views on the progress of overcoming anarchy through international law and organizations
- Liberals are more optimistic, while realists are skeptical
International Law-Making
- Hugo Grotius (1583–1645) is considered a key figure in international law
- Treaties are the most important source of international law, with multilateral treaties creating norms and bilateral treaties being contractual
- The principle of pacta sunt servanda ("treaties must be respected") is a fundamental principle of international law
- Formal treaty reservations (law of consent) are allowed
The Role of International Organizations
- International organizations are voluntary associations created to achieve a common purpose and with a membership that extends beyond the borders of a single state
- Types of IOs include intergovernmental organizations (IGOs) and nongovernmental organizations (NGOs)
- IGOs can help mitigate anarchy by providing a forum for negotiation and pooling capabilities to address global challenges
- IGOs are closely linked with the development of international law
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Description
Explore the contrasting perspectives of realists and liberals on the effectiveness of international law and organizations in promoting order and cooperation in world politics. Realists are skeptical, while liberals are more optimistic about the progress made towards overcoming anarchy.
