International Law: Jus Cogens vs Erga Omnes Obligations

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What is Jus Cogens as defined in international law?

A peremptory norm that cannot be derogated from, recognized by the international community of States

Under what circumstances can a treaty be terminated under Rebus Sic Stantibus?

If the treaty establishes a boundary in case of changes

What is a ground for the termination of treaties?

Violation of a jus cogens norm

When can Resbus Sic Stantibus not be invoked as a ground for treaty termination?

<p>If a party breaches an obligation causing the change</p> Signup and view all the answers

What is the primary difference between a treaty and a convention according to international law?

<p>There is no legal difference between a treaty and a convention</p> Signup and view all the answers

Under what circumstances can a treaty be terminated based on coercion?

<p>If coercion resulted in violation of jus cogens norms</p> Signup and view all the answers

What is the key distinction between treaties and executive agreements under Domestic Law?

<p>Treaties require ratification while executive agreements do not.</p> Signup and view all the answers

How are treaties interpreted under International Law?

<p>Interpreted in good faith based on meaning, context, object, and purpose.</p> Signup and view all the answers

What allows recourse to the preparatory work of a treaty according to suppletory rules?

<p>When interpretation is ambiguous or obscure.</p> Signup and view all the answers

Which factors are considered for the interpretation of treaties under International Law?

<p>Ordinary meaning and objective context.</p> Signup and view all the answers

What is the role of subsequent agreements in the interpretation of treaties?

<p>Subsequent agreements are considered in interpretation.</p> Signup and view all the answers

In what situations can recourse be made to preparatory work according to suppletory rules?

<p>When interpretation is manifestly absurd or unreasonable.</p> Signup and view all the answers

What represents the highest source of international law?

<p>Jus Cogens</p> Signup and view all the answers

Which doctrine requires a formal act of rejection to render a treaty inoperative?

<p>Rebus sic stantibus</p> Signup and view all the answers

What type of agreements embody adjustments of detail and do not require Congressional approval?

<p>Executive Agreements</p> Signup and view all the answers

Who is responsible for rejecting a treaty based on the doctrine of rebus sic stantibus?

<p>Head of State</p> Signup and view all the answers

Which type of obligations are created by Jus Cogens rules?

<p>All erga omnes obligations</p> Signup and view all the answers

What makes an agreement an Executive Agreement rather than a Treaty?

<p>Long usage confirmation</p> Signup and view all the answers

What is the basis of the right of state immunity according to the text?

<p>Inherent right in all states</p> Signup and view all the answers

Which doctrine supports the idea that states emerging from decolonization inherit their colonial borders?

<p>Uti possidetis rule</p> Signup and view all the answers

How can a state provide express consent to be sued?

<p>Through executive agreements</p> Signup and view all the answers

What type of agreements continue to be binding even after a change in government, according to the text?

<p>Territorial agreements and boundaries</p> Signup and view all the answers

Why is the Uti possidetis rule important for newly independent states?

<p>To ensure stability by preserving colonial borders</p> Signup and view all the answers

What is the primary concept highlighted in the text regarding states?

<p>Territorial integrity and political independence</p> Signup and view all the answers

Which of the following is a duty that each state has towards other states?

<p>Complying fully with international obligations</p> Signup and view all the answers

What happens to international agreements of a state when it is absorbed by another state?

<p>They become applicable to the absorbing state</p> Signup and view all the answers

What is the consequence for a state when it experiences an internal disturbance or civil war?

<p>Unaffected status in terms of statehood</p> Signup and view all the answers

What happens to the capacities, rights, and duties of a predecessor state when a new state succeeds it in a particular territory?

<p>They are assumed by the successor state</p> Signup and view all the answers

Which of the following is an essential right of each state as highlighted in the text?

<p>Peaceful coexistence with other states</p> Signup and view all the answers

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