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Questions and Answers
According to Article 38(1) of the Statute of the International Court of Justice, which of the following is NOT considered a primary source of international law?
According to Article 38(1) of the Statute of the International Court of Justice, which of the following is NOT considered a primary source of international law?
The International Court of Justice is the primary body responsible for enforcing international law.
The International Court of Justice is the primary body responsible for enforcing international law.
False (B)
What are two challenges associated with understanding and applying international law?
What are two challenges associated with understanding and applying international law?
Two challenges are the lack of a unified court system for enforcing international law and the competing interests of sovereign states in global affairs.
The ______ of the International Court of Justice outlines the sources of international law.
The ______ of the International Court of Justice outlines the sources of international law.
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Match each source of international law with its corresponding description:
Match each source of international law with its corresponding description:
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Which of the following is NOT a characteristic of rules that emerge in primitive societies?
Which of the following is NOT a characteristic of rules that emerge in primitive societies?
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Formal sources of law are said to embody the constitutional mechanism by which laws are identified.
Formal sources of law are said to embody the constitutional mechanism by which laws are identified.
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What is the main criticism of the distinction between formal and material sources of law?
What is the main criticism of the distinction between formal and material sources of law?
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The ______ of law refers to the content or subject matter, while the ______ of law describes the mechanism for identifying legal rules.
The ______ of law refers to the content or subject matter, while the ______ of law describes the mechanism for identifying legal rules.
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Match the following terms with their corresponding definitions:
Match the following terms with their corresponding definitions:
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Study Notes
International Law Sources
- A distinction sometimes made between formal and material sources.
- Formal sources have an obligatory character, while material sources embody the essence or subject-matter of the identifying law.
- This division is criticized for potentially distracting from more important issues.
- International law's structure is complex and not always easily separated into constituent parts.
The Material Fact
- The actual practice engaged in by states is the initial factor for a rule to be considered as customary law.
- The consideration of factors such as a recognized timescale, repetition, and general nature of the practice involved is important.
- National legal systems may employ different timeframes for establishing customary rules.
- The nature of the usage in question influences development.
State Practice
- State practice is the actions and decisions across multiple nations.
- It includes formal and informal documents, as well as official statements and executive/legislative actions.
- State practice is not limited to official interactions like treaties.
- The breadth and consistency of state practice is key to its validity and influence.
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Description
Test your knowledge on the fundamentals of international law as outlined by the International Court of Justice. This quiz covers sources of international law, its characteristics, and the challenges in understanding and applying it. Engage with matching definitions and such concepts to solidify your understanding of this important field.
