International Law and Politics
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What is no longer applicable as all territory is currently under State sovereignty?

  • International mandates
  • Common law jurisdiction
  • Terra nullius (correct)
  • Colonial rule

    • What does the right to self-determination allow people to do?

  • Choose their own political system without foreign intervention (correct)
  • Obtain international aid for economic development
  • Form alliances with other nations
  • Seek independence without any conditions

    • What is the primary limitation to the right of self-determination?

  • The uti possidetis principle (correct)
  • Cultural differences among people
  • International trade agreements
  • Historical injustices

    • How is Kosovo's situation viewed in terms of self-determination?

    <p>It is regarded as a case of discrimination leading to a claim for independence.</p> Signup and view all the answers

    What defines a group of people in the context of the right to self-determination?

    <p>A homogeneous group in terms of language, culture, and religion</p> Signup and view all the answers

    In which circumstance can a treaty rule be binding on a non-state party?

    <p>When the rule reflects a pre-existing international custom.</p> Signup and view all the answers

    What principle governs conflicts between rules from sources of the same level?

    <p>lex specialis derogat generali</p> Signup and view all the answers

    What does 'lex posterior derogat priori' indicate in international law?

    <p>Later law supersedes earlier law.</p> Signup and view all the answers

    How does the ICJ generally approach conflicts between treaties?

    <p>It favors lex specialis.</p> Signup and view all the answers

    What happens when two conflicting treaties exist between the same parties?

    <p>Parties should not invoke compliance from either treaty.</p> Signup and view all the answers

    What type of succession leads to the complete disappearance of the original state?

    <p>Universal succession</p> Signup and view all the answers

    In the case of partial succession, what is the predecessor state referred to as?

    <p>Continuator state</p> Signup and view all the answers

    What must a newly existing state typically do to join treaties and international organizations after a partial succession?

    <p>Request to join</p> Signup and view all the answers

    What principle allows individuals who acquired goods before a succession to retain their properties?

    <p>Doctrine of acquired rights</p> Signup and view all the answers

    What complicates the successor state's ability to manage property rights after a succession?

    <p>Sovereign claims over all properties</p> Signup and view all the answers

    How does the successor state determine nationality for individuals after a succession?

    <p>Customary presumption based on residence</p> Signup and view all the answers

    What happens to the legal system of the predecessor state during succession?

    <p>It is replaced by the successor state's legal system.</p> Signup and view all the answers

    What economic burden may a new state face following a succession regarding property rights?

    <p>Duty of compensation for expropriation</p> Signup and view all the answers

    Which of the following regions are often recognized as de facto states?

    <p>Republic of China, Taïwan</p> Signup and view all the answers

    What is a key characteristic of international organizations (IOs)?

    <p>They were created primarily by treaties.</p> Signup and view all the answers

    Why might a de facto state struggle for recognition?

    <p>It is not recognized by any larger power.</p> Signup and view all the answers

    Which of the following is NOT a characteristic generally associated with international organizations?

    <p>Exclusively focused on military action</p> Signup and view all the answers

    What historical entity is cited as the precursor to modern international organizations?

    <p>League of Nations</p> Signup and view all the answers

    Which of the following statements regarding territories with limited governance is FALSE?

    <p>They always obtain international recognition.</p> Signup and view all the answers

    What determines the ability of an international organization to act independently?

    <p>Legal personality</p> Signup and view all the answers

    Which of the following exemplifies a regional international organization?

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

    What was the primary legal issue in the advisory opinion delivered by the ICJ regarding the agreement between Poland and Danzig?

    <p>The enforceability of the agreement's terms by individuals</p> Signup and view all the answers

    How did the Polish court justify its refusal to apply the agreement to the labor dispute?

    <p>It ruled that the city must present the claim for it to be accepted.</p> Signup and view all the answers

    What major legal development occurred two decades after the ICJ's advisory opinion?

    <p>The emergence of international human rights law.</p> Signup and view all the answers

    Which principle is emphasized in the Universal Declaration of Human Rights regarding distinctions among individuals?

    <p>All individuals are entitled to the same rights without any distinction.</p> Signup and view all the answers

    According to the ICJ's opinion, what could individuals now have against government administrations?

    <p>Rights based on treaties, contracts, and agreements.</p> Signup and view all the answers

    What right is explicitly stated in the Universal Declaration of Human Rights?

    <p>Right to be recognized as a person before the law.</p> Signup and view all the answers

    Which of the following is NOT mentioned as a right in the Universal Declaration of Human Rights?

    <p>Right to education.</p> Signup and view all the answers

    What distinguishes the legal personality in the context of the ICJ's opinion?

    <p>Individuals were not recognized as having rights until the opinion.</p> Signup and view all the answers

    What is the main relationship highlighted between international law and international politics?

    <p>They are mutually influential within the international system.</p> Signup and view all the answers

    What does the concept of 'ubi societas, ibi ius' imply in the context of international law?

    <p>Where there is a society, there is a corresponding legal structure.</p> Signup and view all the answers

    Which principle signifies the legal equality of states since the mid-17th century?

    <p>Sovereign equality of states.</p> Signup and view all the answers

    What characterizes the law-making process in international law?

    <p>It involves treaties and customs agreed upon by states.</p> Signup and view all the answers

    What is a significant challenge to law enforcement in the international system?

    <p>The lack of compulsory jurisdiction of international courts.</p> Signup and view all the answers

    Which understanding reflects the consensual mode of law-making in international law?

    <p>States create laws through mutual consent and participation.</p> Signup and view all the answers

    What does the phrase 'consuetudo est servanda' refer to in international law?

    <p>Customs must be respected as binding law.</p> Signup and view all the answers

    What fundamentally differentiates international law from domestic law?

    <p>Domestic law has a centralized enforcement mechanism.</p> Signup and view all the answers

    Study Notes

    International Law and Politics

    • International law and politics are intertwined, forming the rules and reality of the international system.
    • Studying one without the other is illogical. Studying both is essential.

    Constitution of International Society

    • No formal written international constitution exists, but principles exist, like the UN charter.
    • Sovereign equality of states is a core principle, established in the mid-17th century.
      • This includes consensual law-making (treaties, customs), dispute settlement, and self-help.
    • Non-intervention in internal affairs of other states (horizontal legal setting) contrasts with past vertical legal settings like in the Roman Empire.

    Key Features of International Law

    • International law lacks a centralized legislature. States create laws through treaties and custom.
    • International courts lack compulsory jurisdiction; jurisdiction relies on consent.
    • All territory is under state sovereignty, with no terrae nullius remaining.

    Decolonization and Self-Determination

    • Decolonization led to many new states joining the UN.
    • The right to self-determination is a core principle, affirmed in the UN Charter.
    • Self-determination is limited by the uti possidetis principle (respecting existing borders).
    • State succession can be partial or universal. This involves issues like nationality, property rights, and membership in international organizations.

    Subjects of International Law: International Organizations

    • International organizations have international legal personality, enabling them to act independently.
    • International organizations are diverse, with varying missions and powers, often created by treaties.
    • The Advisory Opinion of the ICJ, Jurisdiction of the Courts of Danzig established precedent for the ability of individuals to have rights based on international agreements.

    Universal Declaration of Human Rights

    • The Universal Declaration of Human Rights established fundamental rights for all individuals.

    Treaty Rules Binding Non-State Parties

    • Treaty rules can bind non-state parties if they reflect or solidify existing customary international law.

    Conflicting Rules

    • In cases of conflict between rules of equal standing (like treaties or custom), principles of lex posterior derogat priori (later law supersedes earlier law) and lex specialis derogat generali (specific law supersedes general law) guide the interpretation..
    • The resolution of such conflicts in international law is complex, as there is no supreme court to adjudicate disputes.

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    Description

    Explore the interconnectedness of international law and politics through this quiz. Understand the principles guiding the international system, including state sovereignty and the role of treaties. This quiz will test your knowledge of the core features of international law and its application in global politics.

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