International Law and Treaties Debate

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

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.

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

<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

<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

<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

<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

<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

<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

<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

<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

<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

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

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

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

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

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

<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

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

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

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

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

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

<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

<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

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

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

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

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

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

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

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

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

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

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

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

<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

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

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

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

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