International Law: Jus Cogens vs Erga Omnes Obligations

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Questions and Answers

What is Jus Cogens as defined in international law?

  • A peremptory norm that cannot be derogated from, recognized by the international community of States (correct)
  • A norm that can be derogated from with permission from the United Nations
  • A norm that only applies to specific regions within a country
  • A norm that can be modified by a subsequent norm of general international law

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

  • If the treaty establishes a boundary in case of changes (correct)
  • If one of the parties commits an act criminal under international law
  • If there is mutual agreement between the parties for termination
  • If a breach by one party caused the change in circumstances

What is a ground for the termination of treaties?

  • Legitimate negotiation between parties
  • Violation of a jus cogens norm (correct)
  • Mutual respect and understanding
  • Acceptance of minor breaches

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

<p>If a party breaches an obligation causing the change (D)</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 (C)</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 (A)</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. (A)</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. (C)</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. (A)</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. (A)</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. (C)</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. (B)</p> Signup and view all the answers

What represents the highest source of international law?

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

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

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

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

<p>Executive Agreements (B)</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 (D)</p> Signup and view all the answers

Which type of obligations are created by Jus Cogens rules?

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

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

<p>Long usage confirmation (C)</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 (B)</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 (B)</p> Signup and view all the answers

How can a state provide express consent to be sued?

<p>Through executive agreements (D)</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 (C)</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 (A)</p> Signup and view all the answers

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

<p>Territorial integrity and political independence (C)</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 (C)</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 (B)</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 (A)</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 (A)</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 (A)</p> Signup and view all the answers

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