International Law in Domestic Legal Orders

<p>They may be arbitrary and should not be cited in judgments. (A)</p> Signup and view all the answers

<p>They may only provide information when requested. (D)</p> Signup and view all the answers

<p>Only states that have given jurisdiction to the ICJ can be judged in cases involving disputes. (A)</p> Signup and view all the answers

<p>They may not be addressed by the procedures outlined in the Pact. (D)</p> Signup and view all the answers

<p>Jurisdictional clauses (B)</p> Signup and view all the answers

<p>Matters of state responsibility and breaches of treaty (D)</p> Signup and view all the answers

<p>The dispute must rely on the treaty's provisions. (A)</p> Signup and view all the answers

<p>English or French (B)</p> Signup and view all the answers

<p>Desired remedy (B)</p> Signup and view all the answers

<p>Rule of Law (D)</p> Signup and view all the answers

<p>One to two rounds (C)</p> Signup and view all the answers

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

<p>No document may be submitted by either party (A)</p> Signup and view all the answers

<p>To challenge unjust governmental decisions (C)</p> Signup and view all the answers

<p>Raise it no later than three months (C)</p> Signup and view all the answers

<p>Rules must be clear and precise for rights to be knowable. (A)</p> Signup and view all the answers

<p>Laws only affect future events unless stated otherwise. (D)</p> Signup and view all the answers

<p>Written notifications (B)</p> Signup and view all the answers

<p>The matter is resolved by the decision of the court (B)</p> Signup and view all the answers

<p>Governments can only act where they have legal power. (A)</p> Signup and view all the answers

<p>It must be raised within the framework of incidental proceedings (A)</p> Signup and view all the answers

<p>Decisions require a legislative basis. (C)</p> Signup and view all the answers

<p>Individual rights must not be violated by governmental actions. (C)</p> Signup and view all the answers

<p>Handling affairs impartially and fairly (D)</p> Signup and view all the answers

<p>Right to informed decision-making (B)</p> Signup and view all the answers

<p>Arbitrary actions (B)</p> Signup and view all the answers

<p>Scope of institutions involved (D)</p> Signup and view all the answers

<p>It referenced notions of 'good,' 'sound,' and 'proper' administration (A)</p> Signup and view all the answers

<p>Emphasis on public interest fulfillment (C)</p> Signup and view all the answers

<p>Principle of equality (C)</p> Signup and view all the answers

<p>Single case decision making (D)</p> Signup and view all the answers

<p>Actions taken beyond the scope of granted powers (B)</p> Signup and view all the answers

<p>Entities may exercise authority only if sanctioned by the state. (D)</p> Signup and view all the answers

<p>An entity operates under specific state guidelines and limitations. (B)</p> Signup and view all the answers

<p>When an entity oversteps its clearly defined limits. (A)</p> Signup and view all the answers

<p>Accountability for actions taken outside granted authority. (A)</p> Signup and view all the answers

<p>Accountability involves adherence to internal laws and state directives. (B)</p> Signup and view all the answers

<p>The entity is operating outside the legal framework of the jurisdiction. (A)</p> Signup and view all the answers

<p>An entity performs actions beyond what is legally allowed. (D)</p> Signup and view all the answers

<p>They establish the legal framework for responsible actions. (B)</p> Signup and view all the answers

<p>Authorized powers resulting from legal or governmental mandate. (D)</p> Signup and view all the answers

Who can appear before an international court. Only states can be parties in most cases.

Court jurisdiction depends on the agreement of the involved states, not automatically.

International conventions, treaties, customs, general principles of law, judicial decisions and qualified publicists.

Specifies that only states can be parties in most ICJ cases (e.g. Palestine specific implications for jurisdiction)

A court's jurisdiction depends on the agreement (consent) of the states involved. Third states generally cannot intervene.

An act performed by a state official that goes beyond their authorized powers.

A state's duty to account for actions by its officials within authorized boundaries, even in outsourced functions.

When a state delegates functions. The state remains responsible for the outcome.

The power granted to a state entity or official to act within the law.

Legal cases showing state accountability for its entities' actions contrary to international law.

Actions that go against a state's own laws.

The granting of authority to exercise power. (Important context)

The obligation of an authorized entity within the state structure to meet the limits of the authority granted.

Analysis of how powers are delegated and their limits.

Entities within the state carrying out exercises and functions independently.

States must agree to allow the International Court of Justice (ICJ) to hear their disputes. This consent can be given through treaties, special agreements, or by accepting the ICJ's jurisdiction in a specific case.

This article of the Pact of Bogotá prevents states from reopening already settled disputes through international courts like the ICJ. The aim is to ensure stability and prevent unnecessary conflicts.

Treaties often include clauses that specify dispute settlement mechanisms, including the ICJ's jurisdiction. These clauses are crucial for ensuring that disputes are settled peacefully and through agreed-upon methods.

Dispute settlement clauses in treaties usually cover disputes related to the treaty itself. They may also extend to certain additional areas but typically exclude matters of state responsibility, termination of the treaty, and general principles of international law not explicitly included.

Treaty clauses can incorporate general principles of international law, but this is not always the case. It's essential to carefully examine the text to determine the scope of the treaty's application.

Rules governing the process of decision-making in administrative law, ensuring fairness and transparency.

A core principle of EU law requiring public authorities to act with impartiality, fairness, and efficiency in their decision-making.

A legal provision in the Treaty on European Union establishing good administration as a general principle of EU law.

This Charter of Fundamental Rights article guarantees the right to good administration, ensuring impartial and fair treatment by EU institutions in individual cases.

Public authorities are obligated to carefully and impartially assess all relevant facts and legal elements before making decisions.

Individuals have a right to have their affairs handled within a reasonable time frame by EU institutions.

While individuals may be treated differently by EU institutions, such differences must be justifiable and based on fair criteria.

EU institutions cannot act in a random or unjustified manner, but must base decisions on relevant facts and law.

Only states can be parties in contentious cases before the International Court of Justice (ICJ).

The official languages of the ICJ for contentious cases are English and French.

The applicant must clearly state the legal grounds for jurisdiction, the nature of the claim, and the relevant facts in their application.

Written proceedings involve a structured exchange of legal arguments and information between the parties.

Preliminary objections challenge the ICJ's jurisdiction or the admissibility of the case, before the court can proceed to the merits.

The court itself or any party to the case can raise preliminary objections.

The ICJ ultimately decides if it has jurisdiction in cases where there's a dispute.

If the preliminary objections are rejected, the proceedings on the merits of the case can continue.

The principle that everyone, including the government, is subject to and bound by the law. This includes respecting the purpose and limits of laws set by the legislature and having legal authority for all actions.

The principle that the administration's actions must have a legal basis; they can only act if authorized by legislation. This ensures that the administration stays within its powers and follows the law.

Actions taken by government bodies (administrations) to apply laws and carry out their duties. These decisions must be lawful and respect the limits set by the legislation.

The principle that laws should be clear and precise so that individuals can understand their rights and obligations and plan their actions accordingly. This ensures predictability and avoids confusion.

New EU laws generally apply only to future situations, not to events that happened before the law was made. This principle ensures fairness and predictability.

Principles that govern the content of administrative decisions and ensure they are fair, reasonable, and just. These principles are used to challenge decisions that go against the law or fundamental rights.

The principle that administrative bodies must be accountable to the courts for their actions. This ensures that they follow the law and respect the rule of law.

Refers to the broader benefits and goals that the administration seeks to achieve through its actions. These interests should be guided by law and respect individual rights.