International Law in Domestic Orders

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Questions and Answers

What is the primary function of the ICJ regarding international law?

To mediate between conflicting nations

To enforce international treaties

To provide military support to member states

To play a central role in the development and clarification of public international law (correct)

How many judges are elected to the ICJ?

18 judges

12 judges

9 judges

15 judges (correct)

Which document explicitly defines the sources of law the ICJ relies upon?

Rules of Court

Article 38 ICJ Statute (correct)

United Nations Charter

Practice Directions

What is a key characteristic of the ICJ's jurisdiction regarding states?

Only States can be parties to ICJ cases, with limited exceptions Signup and view all the answers

Who elects the President and Vice-President of the ICJ?

The judges of the ICJ Signup and view all the answers

How many ad hoc judges may be appointed by the ICJ for specific cases?

2 ad hoc judges Signup and view all the answers

Under what condition does the ICJ hold jurisdiction over cases?

When States consent to its jurisdiction Signup and view all the answers

What structure supports the operations of the ICJ?

The Registry Signup and view all the answers

What is the foundational principle that ensures all government actions are grounded in law?

Rule of Law Signup and view all the answers

Which principle ensures that governmental actions are always subject to legal scrutiny?

Sovereignty of the People Signup and view all the answers

What dictates that the government's competence to act must always be grounded in legislation?

Legality Principle Signup and view all the answers

What does Regulation 1049/2001 primarily govern?

Public access to EU documents Signup and view all the answers

How does the Rule of Law impact government actions?

It requires legal limits on government actions. Signup and view all the answers

Which EU institutions are required to provide access to public documents under Regulation 1049/2001?

The European Parliament, European Commission, and the Council of Ministers Signup and view all the answers

According to Backes & Eliantonio, what must administrative authorities respect while pursuing public goals?

Legislative Competences Signup and view all the answers

What is the definition of a 'document' according to Regulation 1049/2001?

Any content, regardless of medium, related to an institution's responsibilities Signup and view all the answers

Which of the following is a crucial component for maintaining the balance of power within the government?

Legal Limits Defined by Law Signup and view all the answers

What is the significance of the Rule of Law in EU law?

It holds administration accountable before the courts. Signup and view all the answers

Who is eligible for the right of access to documents held by EU institutions?

EU citizens and any natural or legal person residing or registered in a Member State Signup and view all the answers

Which principle ensures that administrative actions are not arbitrary?

Establishing Legal Foundations Signup and view all the answers

What is an example of an absolute exception to the access of documents?

Public security Signup and view all the answers

Which of the following is NOT considered a category of absolute exceptions?

Comprehensive data sharing Signup and view all the answers

What balance do the exceptions to the general rule of transparency aim to achieve?

Public access to information vs. national security, privacy, and confidentiality Signup and view all the answers

According to Regulation 1049/2001, the scope covers which of the following?

Documents held by EU institutions including those drawn up or received Signup and view all the answers

What is the role of Optional Clause Declarations under Article 36.2 regarding ICJ jurisdiction?

They enable states to accept compulsory jurisdiction with other consenting states. Signup and view all the answers

Which principle restricts the ICJ from hearing a case involving third-party state interests?

The Monetary Gold Principle Signup and view all the answers

What must be included in the application submitted to the ICJ to commence proceedings?

The facts of the case Signup and view all the answers

What defines Jurisdiction Ratione Materiae in the context of ICJ disputes?

There must be an actual legal dispute between the parties. Signup and view all the answers

What is the nature of the hybrid system used in the ICJ's written proceedings?

A blend of continental and Anglo-American legal systems Signup and view all the answers

What type of agreements allow states to refer specific disputes to the ICJ?

Treaties for Peaceful Settlement of Disputes Signup and view all the answers

What does a compromissory clause in a treaty allow for?

Reference of disputes related to the interpretation or application of that treaty to the ICJ Signup and view all the answers

Which of the following treaties is NOT an example of a treaty for peaceful settlement of disputes?

Treaty of Paris (1763) Signup and view all the answers

What does Article 263(2) of the TFEU grant jurisdiction over?

Cases of infringement of competence and procedural requirements Signup and view all the answers

What is a key responsibility of the Court of Justice of the European Union (CJEU) as outlined in Article 19(2) TEU?

To ensure laws are interpreted and applied correctly Signup and view all the answers

Which of the following best describes the Principle of Legal Certainty?

Clarity and precision of legal rules Signup and view all the answers

What was emphasized in Case C-55/91 Italien v. Commission regarding legal certainty?

EU rules must be clear and understandable Signup and view all the answers

In which case was the importance of legal certainty in administrative law reiterated?

Joined Cases T-55/93 and T-232/94 Signup and view all the answers

What is the main purpose of substantive principles of administrative law?

To ensure administrative decisions are lawful Signup and view all the answers

What does the Principle of Legal Certainty ensure for individuals and businesses in the EU?

They clearly understand their rights and obligations Signup and view all the answers

Which article emphasizes the role of the CJEU in upholding the Rule of Law?

Article 19(2) TEU Signup and view all the answers

What is one of the key aspects of public administration?

Merit-Based Recruitment and Promotion Signup and view all the answers

Which statement best describes civil servant employment?

Employment is protected with guarantees except for serious misconduct. Signup and view all the answers

What has historically characterized administrative law?

Strictly a domestic system specific to individual states Signup and view all the answers

What do public management reforms emphasize in recent years?

Performance-based indicators Signup and view all the answers

Which of the following is an example of indirect administration in the EU?

National authorities implementing EU laws in conjunction with European mandates Signup and view all the answers

What has contributed to the evolution of comparative administrative law?

Globalization and the rise of international communication Signup and view all the answers

Which statement about standardized pay in public administration is false?

Employees receive varying salaries based solely on individual negotiation. Signup and view all the answers

What is the main focus of multilevel governance in European administrative law?

Cooperation between national and EU levels of governance Signup and view all the answers

Study Notes

Week 7: The Reception of International Law in Domestic Legal Orders

International law is generally applied through state organs.
Monism and dualism are relevant distinctions in how international and domestic law interact.
Self-executing obligations are those that can be directly enforced in domestic law.
"Enforcement of international law" and "international dispute settlement" are related concepts.
The meaning of "dispute" has different legal interpretations.

Learning Outcomes for Week 7

Discuss how international law is typically applied.
Examine the difference between monism and dualism.
Consider the difference between enforcing international law and resolving international legal disputes.
Explore methods of settling disputes, such as diplomatic and judicial methods.

The Reception of International Law in Domestic Legal Orders

International legal systems differ from domestic systems due to the lack of a central authority and decentralized legal functions.
States have wide-ranging freedom of action.
International law is usually observed.
Treaties are legally binding on countries that agree to them (Article 26 VCLT).
A country cannot invoke its domestic law to justify not fulfilling a treaty (Article 27 VCLT).
Domestic legal systems determine how international law is applied.

Week 8: International Responsibility and Sanctions

Explore the circumstances that negate wrongfulness (ARSIWA).
Understand the conditions under which circumstances precluding wrongfulness apply.
Analyze the legal implications on state responsibility.
Define and explain shared responsibility in international law situations.
Examine how responsibilities of international organizations are defined, specifically when they are held responsible for internationally wrongful acts.
Differentiate between "sanctions" and "countermeasures."
Discuss real-world examples of these differences.
Explain the evolution of UN Security Council practice for sanction adoption over time.
Define aggravated responsibility in international law.

Week 9: International Courts and Tribunals

Adjudication is an exception to resolving disputes, not a default method.
Courts are used as a last resort.
Third-party (court) adjudication involves losing "control" by the disputing parties.
Courts don't fully address all aspects of a dispute; they focus on legal solutions, not political ones.
Judicial processes are formalized and can be expensive.
International courts are part of a broader system for peaceful dispute resolution.
ICJ is the only inter-state tribunal with general jurisdiction.
The ICJ is geographically independent from member states and plays a vital role in developing and clarifying public international law.
The ICJ is composed of 15 judges elected for nine-year terms by the General Assembly and the Security Council.
Governing texts for ICJ operations include the United Nations Charter, the Statute of the Court, and the Rules of Court.
Article 38 ICJ Statute outlines the sources of law the Court relies on.

Week 10: International Law

The ICJ has jurisdiction when states consent to it.
Consent can happen through clauses in treaties, declarations, or special agreements
The criteria for peaceful settlement of disputes is governed by the UN Charter.

Week 11: General Principles of Administrative Law

The role of administration in modern legal systems has expanded significantly.
Today, administrative bodies have greater power/autonomy to regulate various sectors.
"Administrative law" governs the rules, procedures, structures guiding actions of administrative bodies.
The principles of administrative law aim to ensure actions are lawful, fair, and consistent.
This includes respecting legal boundaries, fundamental rights, and general principles.

Week 12: Procedural and Substantive Principles

Procedural principles ensure that administrative decisions are made fairly, transparently, and reasonably.
These procedures include the duty to give reasons, transparency, and the right of access to documents.
Substantive principles address the content of administrative decisions.
Laws govern the actions taken by the administration.
Administration is subject to scrutiny if it exceeds its legal powers (by laws).
The Rule of Law in the EU requires lawful acts and limits use of power beyond what is granted.

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Description

Explore the intricate relationship between international law and domestic legal systems in this Week 7 quiz. Delve into key concepts such as monism, dualism, and the enforcement of international obligations. Assess methods for resolving disputes and their implications for legal practice.

International Law in Domestic Orders - Week 7

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