International Law and Treaties Debate
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Questions and Answers

What is the main argument of dualists regarding the transformation of treaties into state law?

Dualists argue that the transformation of treaties into state law is a substantive requirement that validates the extension of treaty rules to individuals.

How does the Delegation Theory critique the transformation theory in relation to international treaties?

The Delegation Theory contends that state constitutions have the right to determine when treaty provisions come into force without necessitating transformation into new municipal law.

What distinction do critics make between promises and commands in the context of treaties and municipal statutes?

Critics argue that the distinction is primarily relevant to form and procedure, rather than affecting the true legal character of treaties and statutes.

In what way has common law influenced the domestic application of international human rights treaties?

<p>Common law has significantly influenced the jurisprudence of many countries, leading to ongoing debates about the domestic use of international human rights treaties.</p> Signup and view all the answers

Why is the monist/dualist debate considered unsatisfactory in the academic discourse on international law?

<p>The debate is seen as unsatisfactory because it fails to adequately address the complexities of how international treaties interact with domestic legal systems.</p> Signup and view all the answers

What does the Historical School argue regarding the definition of law according to Austin?

<p>The Historical School argues that law should not only be defined by formal sanctions but also includes customs and the community's common consent.</p> Signup and view all the answers

How does the concept of true law relate to treaty law within the international community?

<p>True law includes treaty law, which is enacted law that binds the international community and may be breached in certain circumstances.</p> Signup and view all the answers

What authority does the Security Council have under Article 39 regarding threats to peace?

<p>Under Article 39, the Security Council has the authority to determine threats to the peace and decide on measures to maintain or restore international peace and security.</p> Signup and view all the answers

What are the possible measures the Security Council may take according to Article 41?

<p>The Security Council may implement measures not involving armed force, such as economic sanctions, interruptions of communication, and severing diplomatic relations.</p> Signup and view all the answers

Explain the significance of the UN charter in relation to international law as mentioned in the content.

<p>The UN charter is based on the true legality of international law, affirming that international law is a part of the law of the land in member states like the US.</p> Signup and view all the answers

What can the Security Council do if it finds the measures in Article 41 inadequate according to Article 42?

<p>If measures in Article 41 are deemed inadequate, the Security Council may take necessary military action by air, sea, or land forces to restore peace.</p> Signup and view all the answers

In the context of international law, what role do sanctions serve as highlighted by the content?

<p>Sanctions serve as a means of enforcement for international laws and decisions made by the Security Council to maintain peace and secure compliance.</p> Signup and view all the answers

How are the judges of the International Court of Justice selected?

<p>They are elected by the UN General Assembly.</p> Signup and view all the answers

What is the main responsibility of the UN Security Council?

<p>The maintenance of international peace and security.</p> Signup and view all the answers

How many permanent members does the UN Security Council have?

<p>Five permanent members.</p> Signup and view all the answers

What actions can United Nations Members take to enforce compliance with international law?

<p>United Nations Members may engage in demonstrations, blockades, and operations by air, sea, or land forces.</p> Signup and view all the answers

What is the term length for non-permanent members of the UN Security Council?

<p>Two years.</p> Signup and view all the answers

What is the distinction between individual sanctions by states and collective sanctions under the UN?

<p>Individual sanctions by states involve self-defense actions with proportionate force, while collective sanctions involve measures coordinated at the international level, particularly through the UN.</p> Signup and view all the answers

Can you name one example of economic sanctions imposed by the UN?

<p>An example of economic sanctions is the sanctions against South Africa in 1977.</p> Signup and view all the answers

What is the role of the UN Economic and Social Council?

<p>To promote cooperation between states on economic and social matters.</p> Signup and view all the answers

Identify one military action associated with the collective sanctions of the UN.

<p>An example of military action is the Gulf crisis in 1990-91.</p> Signup and view all the answers

How many members does the UN Economic and Social Council have?

<p>Fifty-four members.</p> Signup and view all the answers

What was the primary purpose of the UN Trusteeship Council?

<p>To administer trust territories and ensure their progress towards independence.</p> Signup and view all the answers

What does the term 'sources of international law' refer to?

<p>Sources of international law refer to the procedures or methods through which the rules and principles of international law are created.</p> Signup and view all the answers

How does Article 38 of the Statute of the International Court of Justice classify sources of international law?

<p>Article 38 classifies sources of international law into formal sources, such as conventions and customs, and material sources, like judicial decisions and teachings.</p> Signup and view all the answers

What does the UN Charter state regarding specialized agencies?

<p>Each primary organ of the UN can establish specialized agencies to fulfill its duties.</p> Signup and view all the answers

What is a unique feature of the voting process within the UN Security Council?

<p>The veto power held by the five permanent members.</p> Signup and view all the answers

What are considered 'formal sources' of international law according to Article 38?

<p>Formal sources consist of conventions or treaties, custom, and general principles.</p> Signup and view all the answers

What is the term duration for judges in the International Court of Justice?

<p>Nine years.</p> Signup and view all the answers

What is the role of material sources in international law?

<p>Material sources comprise the actual content of the rules, including judicial decisions and juristic teachings.</p> Signup and view all the answers

Why is Article 38(1) considered significant in the context of international law?

<p>Article 38(1) is recognized as the most authoritative statement regarding the sources of international law.</p> Signup and view all the answers

What three sources of law does the Court apply according to Article 38(1)?

<p>International conventions, international custom, and general principles of law.</p> Signup and view all the answers

What are the two kinds of treaties defined in Article 2 of the VCLT 1969?

<p>Law making treaties and treaty contracts.</p> Signup and view all the answers

In the context of international law, what is the significance of the North Sea Continental Shelf Cases, 1969?

<p>The case established that non-signatory states are not bound by treaty provisions.</p> Signup and view all the answers

How does international custom differ from international conventions in establishing law?

<p>International custom relies on general practice accepted as law, while conventions are formal agreements between states.</p> Signup and view all the answers

What role do judicial decisions and publicists' teachings play in the determination of rules of law according to Article 38?

<p>They serve as subsidiary means for determining rules of law.</p> Signup and view all the answers

What is the definition of a treaty according to Article 2 of the VCLT 1969?

<p>A treaty is an agreement whereby two or more states establish or seek to establish a relationship governed by international law.</p> Signup and view all the answers

What are law making treaties, and how do they differ from treaty contracts?

<p>Law making treaties create new legal norms, while treaty contracts establish specific relationships between parties.</p> Signup and view all the answers

What criteria establish a custom as recognized law in international relations?

<p>A custom must demonstrate general practice and antiquity, indicating a long duration of state behavior.</p> Signup and view all the answers

What is the importance of general principles of law recognized by civilized nations in the context of the Court's function?

<p>They provide foundational legal concepts that complement conventions and customs.</p> Signup and view all the answers

Why are treaties considered superior to customs in certain contexts?

<p>Treaties are modern, deliberate agreements that explicitly outline obligations, while customs may evolve less rigidly.</p> Signup and view all the answers

Flashcards

Historical School's view of law

Law is established through community custom and common consent, not just through sanctions (official enforcement).

Treaty law

Agreements between nations, considered a type of enacted law.

International community

A group of nations that interact and collaborate internationally.

UN Security Council (Article 39)

Determines the existence of threats to global peace and outlines actions to maintain or restore it.

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Provisional measures

Temporary actions taken by the Security Council before deciding on major steps to resolve conflicts.

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Security Council Article 41

Measures not involving military force (e.g., sanctions).

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Security Council Article 42

Military measures, if non-military actions are deemed insufficient in restoring international peace.

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UN Sanctions

Actions taken by the UN or individual states to pressure a country to change its behavior.

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Sanctions by States (Individual)

Actions taken by a single country to pressure another country, using proportionate force if necessary, to change behavior.

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Collective Sanctions

Actions taken by multiple countries to pressure a country to change its behavior, typically with economic and/or military measures.

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Sources of International Law

The processes and instruments through which international rules and principles are created.

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Article 38 of ICJ Statute

The authoritative statement of the sources of international law, listing conventions, custom, general principles, and judicial decisions as key elements.

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Formal Sources

Sources of international law that give rules an obligatory character.

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Material Sources

Sources of international law that provide the content of rules.

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International Law

A system of rules and principles that govern relationships between countries.

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Treaty

An agreement between countries, often outlining responsibilities and binding obligations.

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Dualist Theory

The belief that international law and national law are separate systems. Treaties must be transformed into national law before they apply to individuals.

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Transformation

The process of converting a treaty into domestic law, making it legally binding within a state.

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Delegation Theory

Argues that states have the power to determine when and how treaties become part of their national law. It sees treaties as a delegation of power to states.

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Monist/Dualist Debate

An ongoing debate in international law about the relationship between international law and national law. Dualists see them as separate, while monists view them as interconnected.

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Domestic Application of International Law

How international law is implemented and applied within a country, particularly in the context of human rights.

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UN Security Council: Job

To maintain global peace and security. It can take action to address threats to peace, including using military force.

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Who elects the UN Security Council?

The UN General Assembly (which represents all UN member states).

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Security Council: Veto Power

Five permanent members (US, UK, Russia, China, France) can block any decision, effectively stopping it.

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Security Council: Temporary Members

Ten non-permanent members are elected for two-year terms.

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UN Economic and Social Council: Goal

To encourage cooperation between countries on economic and social issues. Think: Global social work.

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UN Economic and Social Council: Agency Coordination

It coordinates the work of various UN specialized agencies.

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UN Trusteeship Council: Past Role

It managed former colonial territories to help them gain independence.

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UN Trusteeship Council: Current Status

It has been inactive since 1994, as all trust territories have become independent.

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UN Charter: Specialized Agencies

Each UN organ can create agencies to help them achieve their goals.

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How many specialized agencies?

There are 17 specialized agencies of the UN.

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What are the sources of international law?

According to the ICJ Statute, Article 38, there are four sources: 1) International conventions, 2) International custom, 3) General principles of law, 4) Judicial decisions and teachings of publicists.

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International Conventions

Agreements between states, whether general or particular, that establish rules expressly recognized by the parties involved.

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Law-Making Treaty

A type of treaty that creates new rules of international law applicable to all states, even those not party to the treaty.

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Treaty Contract

A treaty that creates specific obligations between the parties only, not setting general rules.

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International Custom

Evidence of a general practice accepted as law, based on state practice and opinio juris.

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General Practice (State Practice)

Consistent and widespread actions of states over a long period, demonstrating a customary rule.

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Opinio Juris

The belief that a practice is legally binding, not just a matter of courtesy.

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North Sea Continental Shelf Cases (1969)

A case where the ICJ held that a state not party to a treaty is not bound by its provisions.

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Study Notes

KIIT School of Law - Study Material

  • Subject: Public International Law
  • Subject Code: LW-3013
  • Course: B.A.LL.B. (Hons.), B.B.A.LL.B. (Hons.), B.Sc LL.B. (Hons.)
  • Semester: 5th

Module 1: Theory, Purpose, and Making of Public International Law

  • Defining PIL:
    • Traditional definitions focus on States as the sole subjects of international law.
    • Criticism arises: International organizations and individuals also have rights and duties.
    • International law encompasses customary and treaty rules, considered legally binding between states.
  • Nature of International Law:
    • Differentiating International Law from Municipal Law:
      • Subjects are different
      • Obligations and sovereignty
      • Binding on states
    • Is International Law Merely Morality? (different perspectives)

Module 2: The Relationship Between International Law and National Law

  • Dualism and Monism:
    • Dualism: International law and national law are separate and distinct systems
    • Monism: International law and national law are part of the same legal order.
    • Relevance to national legal systems: different ways states incorporate international law into their legal structures
    • Importance of domestic application:
      • State practice on domestic application
      • Practice of United States of America (constitutional and practical)
      • Practice in England (constitutional and practical)
  • Subjects of International Law:
    • States, individuals, some non-state entities are the subjects of international law.

Module 3: Law of International Treaties

  • The Making of Treaties:
    • Formal requirements: procedures are involved, often involving a number of stages
    • Various stages of formation (accreditation of reps, negotiation, signature, ratification)
  • Consent in Treaties:
    • Different ways states can consent (e.g. signature, exchange of instruments, ratification, accession)
  • Treaties and Conventions:
    • Definition
    • Fundamental Principles (Pacta Sunt Servanda – treaties are binding)
  • Reservations
    • A type of unilateral statement – used to modify parts of treaty – making it more applicable to an individual nation.

Module 4: Prohibition on Force and Non-Intervention

  • Content of International Responsibility:
    • Obligation of reparation: restitution, compensation, satisfaction
    • Obligation to cease act and guarantees of non-repetition
  • Nicaragua v. United States: (Case details including facts, issues, and judgement related to the jurisdiction)

Module 5: Law of the Seas

  • The Territorial Sea:
    • Internal waters
    • Innocent passage
    • Jurisdictional issues on foreign ships (war ships, non war ships)
  • Case Study: Lotus Case (details of facts, issues, and decisions by the court)

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Study Material - PIL - LW-3013

Description

Explore the complexities of international law, focusing on the dualist and monist perspectives regarding the transformation of treaties into state law. This quiz addresses key arguments from both sides, critiques from the Delegation Theory, and the influences of common law on human rights treaties. Test your understanding of international law principles and the role of the UN Security Council.

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