International Law and Politics
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Questions and Answers

What is no longer applicable as all territory is currently under State sovereignty?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. (B)</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 (C)</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. (B)</p> Signup and view all the answers

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

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

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

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

How does the ICJ generally approach conflicts between treaties?

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

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

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

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

<p>Continuator state (D)</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 (C)</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 (B)</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 (A)</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 (A)</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. (C)</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 (C)</p> Signup and view all the answers

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

<p>Republic of China, Taïwan (B), Somaliland (C), South Osetia (D)</p> Signup and view all the answers

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

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

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

<p>League of Nations (B)</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. (B)</p> Signup and view all the answers

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

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

Which of the following exemplifies a regional international organization?

<p>EU (A)</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 (B)</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. (B)</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. (D)</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. (B)</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. (C)</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. (A)</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. (D)</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. (A)</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. (C)</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. (B)</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. (A)</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. (D)</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. (C)</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. (A)</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. (B)</p> Signup and view all the answers

What fundamentally differentiates international law from domestic law?

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

Flashcards

Relationship between International Law & Politics

The idea that international law and international politics are deeply intertwined and cannot be studied independently.

Constitution of International Society

The foundational principles that govern the way international society functions, including the distribution of power and lawmaking processes.

Sovereign Equality of States

The fundamental principle that states are equal in their rights and obligations under international law.

Consensual and Participatory Law Making

The process of creating international law through agreements between states (treaties) or through established practices (customary law).

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Consensual Dispute Settlement

The principle that international law is based on the consent of states, which means that states cannot be forced to accept or comply with international law unless they consent to it.

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Self Help in Law Enforcement

The ability of states to enforce their own laws and rights, often through military action.

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Non-Intervention in Internal Affairs

The principle that states should not interfere in the internal affairs of other sovereign nations. It emphasizes the horizontal nature of international law, where states are equals with no hierarchical power structures.

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Key Features of International Legal System

The three key functions of any legal system: making laws, interpreting laws, and enforcing laws. International law, however, differs significantly in each of these functions.

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Terrae Nullius

A state of no rule or ownership, meaning that no territory is without a sovereign.

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Right to Self-Determination

The right of a group to self-govern and determine its own destiny, free from external interference.

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People

Group of people who share common culture, language, and religion, who may claim the right to self-determination.

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Uti Possidetis

Principle that states that newly independent countries should maintain the same boundaries as they had under colonial rule.

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Separatist Region

A region seeking independence from a larger state, often citing discrimination and lack of representation.

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Universal Succession

The original state ceases to exist completely and a new smaller state emerges.

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Partial Succession

A smaller version of the original state exists, and a new one emerges. The previous state is called the 'continuator state.'

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Treaties and International Organizations

When a new state emerges from a partial succession, it must decide whether to join the treaties and international organizations previously held by the original state.

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State Recognition

A state's recognition by other countries can be influenced by its emergence, especially if it has the consent of the original state.

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Nationality in Succession

Individuals residing in the territory of a successor state are typically granted citizenship by it, considering the right to at least one nationality.

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Doctrine of Acquired Rights

This principle proposes that individuals and entities owning property before a succession retain their property rights even in the new state.

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State Sovereignty and Property

The state has sovereignty over its resources and assets, potentially leading to disputes over property claims following a succession.

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Succession and Legal Systems

The legal system of the predecessor state disappears and is replaced by that of the successor state.

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What is an International Organization?

An entity created through an international treaty to fulfill the goals outlined in the treaty. Members are often states, but can also be other international organizations.

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International Legal Personality of IOs

The ability of an international organization to act independently of states, meaning it can function without needing permission from all states.

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How are IOs recognized?

International organizations are recognized as having international legal personality when they are granted rights and powers by states. This allows them to act independently and fulfill their mission.

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Recognition of International Legal Personality

A process where an organization is formally acknowledged by other states and granted the ability to exercise rights and powers.

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International Legal Personality

The legal authority of international organizations to carry out their duties and tasks, allowing them to act independently from the control of individual states.

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Why do states grant legal personalities?

States often grant international legal personality to international organizations (IOs) so they can carry out their functions effectively. This enables IOs to operate independently of states and have rights and powers.

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Diversity of International Organizations

International organizations can exist at various levels, from global organizations like the United Nations (UN) to regional organizations like the European Union (EU). They can also have varying scopes and interests, focusing on specific topics like wine and vine, or animal health.

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Common Features of International Organizations

International organizations (IOs), despite their differences, share common features like having international legal personality, which enables them to act independently from states and carry out their designated tasks.

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Treaty Rule Binding Non-State Party

A treaty rule can bind a non-state party if it reflects pre-existing customary international law.

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Treaty Rule Catalyzing Custom

A treaty rule may become binding on non-state parties if it was adopted during ongoing custom formation, and helped solidify it.

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Customary Law through Treaty Adoption

A treaty rule can be binding on non-state parties if enough states subsequently engage in practices and accept the rule as law.

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Conflict Between International Law Sources

In international law, when conflicts arise between rules of equal level - like treaties and custom - special rules take precedence over general ones (lex specialis) and later rules supersede earlier ones (lex posterior).

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Resolving Treaty Conflicts

While the International Court of Justice (ICJ) leans towards lex specialis, the Vienna Convention on the Law of Treaties (VLCT) prioritizes lex posterior in treaty conflicts.

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ICJ's Advisory Opinion on Danzig (1927)

The ICJ ruled that individuals can have rights against governments based on international agreements, even if those agreements don't explicitly mention individual rights.

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Universal Declaration of Human Rights (1948)

A list of fundamental human rights and freedoms that apply universally to all individuals, regardless of their nationality, race, sex, or other characteristics.

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Right to be recognized as a person before the law

The right to be recognized as a legal person before the law, meaning that everyone is entitled to legal protection and fairness.

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Individuals as Subjects of International Law

A landmark development in international law that acknowledges individuals as subjects of international law, meaning they can directly benefit from and claim rights under international law.

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Treaties and Individual Rights

An agreement between states that creates rights and obligations for individuals. Previously, treaties were thought to only bind states, not individuals.

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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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