International Law Basics Quiz

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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?

  • International custom
  • Treatises on international law (correct)
  • General principles of law
  • International conventions

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?

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.

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

Match each source of international law with its corresponding description:

<p>International conventions = General practices accepted as law International custom = Rules expressly recognized by states in treaties General principles of law = Legal principles recognized by most civilized nations Judicial decisions and teachings of highly qualified publicists = Subsidiary means for determining rules of law</p> Signup and view all the answers

Which of the following is NOT a characteristic of rules that emerge in primitive societies?

<p>They develop consciously within the group. (D)</p> Signup and view all the answers

Formal sources of law are said to embody the constitutional mechanism by which laws are identified.

<p>True (A)</p> Signup and view all the answers

What is the main criticism of the distinction between formal and material sources of law?

<p>The distinction may misdirect attention from important substantive and procedural issues in international law.</p> Signup and view all the answers

The ______ of law refers to the content or subject matter, while the ______ of law describes the mechanism for identifying legal rules.

<p>material, formal</p> Signup and view all the answers

Match the following terms with their corresponding definitions:

<p>Formal sources = The actual content or subject matter of legal rules. Material sources = The processes and mechanisms for identifying legal rules. Custom = Unspoken rules developed and followed by a community Primitive society = A society with a simple social structure and a lack of formal institutions.</p> Signup and view all the answers

Flashcards

International Law

A system of rules binding on countries globally, lacking universal enforcement.

Sources of International Law

Materials from which international law is derived, including conventions and customs.

Article 38(1)

A section of the ICJ Statute outlining sources of international law.

International Conventions

Agreements that states recognize, forming part of international law.

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Judicial Decisions

Court rulings contributing to the interpretation and development of international law.

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Formal Sources

Sources that confer an obligatory character on rules in law.

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Material Sources

Sources encompassing the actual content or essence of legal rules.

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Distinction in Law

The separation between formal and material sources of law.

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International Law Sources

Laws that are affected uniquely by the structure of international law.

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Primitive Behavioral Rules

Subconscious rules in primitive societies about permitted and prohibited behaviors.

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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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