International Law in Domestic Legal Orders
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Questions and Answers

Which of the following are recognized sources for determining applicable law in international courts?

  • Judicial decisions of national courts
  • International conventions and treaties (correct)
  • Domestic laws of States
  • General principles of law recognized by civilized nations (correct)

    • Who can appear before the International Court of Justice (ICJ)?

  • Organizations recognized by the UN
  • Non-governmental organizations (NGOs)
  • Any individual
  • States only (correct)

    • What does the principle of consent imply regarding Jurisdiction Ratione Consensus?

  • All serious breaches automatically give the court jurisdiction.
  • Jurisdiction arises only from matters referred by the parties involved. (correct)
  • The court can act autonomously regardless of consent.
  • Third States can intervene in ongoing cases.

    • Which statement correctly describes the role of judicial decisions in determining applicable law?

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

    What is a limitation placed on individuals regarding participation in ICJ proceedings?

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

    Which of the following statements is true regarding the ICJ's jurisdiction?

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

    What does Article 2 of the Pact of Bogotá emphasize about previously settled matters?

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

    Which type of clause is essential in treaties for determining dispute settlement procedures?

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

    According to the content, which matters are typically excluded from treaty jurisdictions?

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

    What is a significant requirement for matters to be addressed under jurisdictional clauses in treaties?

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

    What languages can the application be submitted in according to Article 39?

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

    Which of the following is NOT a component that the application must specify?

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

    What principle asserts that courts should limit the excesses of government actions?

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

    How many rounds of pleadings are typically involved in written proceedings?

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

    What must administrative authorities adhere to when exercising their powers?

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

    What happens after the closure of the written proceedings?

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

    What is the primary goal of substantive principles in administrative decisions?

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

    What must a party do if they wish to raise preliminary objections, according to Article 79 bis?

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

    Which of the following best describes the concept of legal certainty?

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

    What is meant by the non-retroactive effect of EU law?

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

    Which of the following does NOT fall under incidental proceedings?

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

    What is the consequence of a jurisdiction dispute according to Article 36 of the ICJ Statute?

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

    Which of the following is a limitation on governmental power according to the rule of law?

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

    What must happen if a party seeks to file a counter-claim against the applicant?

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

    What does the legality principle require from administrative decisions?

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

    According to the content, what resonates with the idea that legality demands respect for individual rights?

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

    What is the core feature of the duty of care in the right to good administration?

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

    Which of the following is NOT recognized as a binding fundamental right in the context of administrative law?

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

    According to Article 41 CFR, what type of action is prohibited in the decision-making process?

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

    What aspect does Article 6(3) TEU broaden in relation to good administration?

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

    What is the significance of early case law of the CJEU regarding good administration?

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

    Which of the following is a characteristic of the good administration principle at the EU level?

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

    What principle dictates that individuals should not face unjustified preferential treatment in administrative procedures?

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

    In what type of case decision-making does Article 41 CFR establish the right to good administration?

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

    What does 'ultra vires' refer to in the context of state authority?

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

    Which statement correctly describes the relationship between entities and state authority?

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

    What is implied by the term 'empowered by state'?

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

    Under what condition can authority be considered invalid according to the content?

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

    What does the term 'responsibility' encompass in the context provided?

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

    How is accountability defined in the context of state authorities?

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

    What does it mean for an entity to act contrary to state orders?

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

    What is meant by 'overstepped limits of authority'?

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

    What is the significance of provisions in internal law regarding authority?

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

    Which of the following best describes the concept of 'granted powers'?

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

    Study Notes

    • International law lacks a central authority, with states being sovereign and equal.
    • No single legislative body, international law is created through treaties and customs, requiring state consent.
    • No global executive, law enforcement decentralized to states.
    • International courts, like the ICJ, operate with state consent.
    • International law is supreme over domestic law in monist systems; in dualist systems, transformation is needed.
    • Domestic legal systems determine how international law is applied.

    Application of International Law

    • Monism: A unitary legal system where international law is supreme or directly applicable.
    • Dualism: A separate legal system alongside domestic law. Transformation is required for international law to be applicable domestically.
    • Monism vs. Dualism: differing views on the relationship between international and domestic law.
    • Self-executing norms are directly applicable; non-self-executing require domestic implementation.

    Ensuring Compliance with International Law

    • States' responsibilities: Mechanisms of accountability for breaches of international law.
    • Enforcement: Legal mechanisms (State responsibility, UN sanctions, etc.) and self-help (countermeasures).
    • Dispute resolution: methods to resolve conflicts diplomatically (negotiation, mediation) or through arbitration/ courts.

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    Description

    This quiz explores the intricate relationship between international law and domestic legal systems, focusing on the concepts of monism and dualism. It examines how treaties and customs create international law, the role of state consent, and the application of international law in various domestic contexts.

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