International Law Lecture 7
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Questions and Answers

What distinguishes the horizontal structure of international law?

  • Centralized enforcement through a global police force
  • Sovereign equality of states and decentralized legal functions (correct)
  • The existence of a central legislative body
  • States having no freedom of action
  • According to monism, how is international law applied in domestic systems?

  • International law must be transformed into domestic law.
  • International law only applies to treaties.
  • International law is directly applicable without transformation. (correct)
  • International law and domestic law are separate systems.
  • What is the primary characteristic of dualism in the application of international law?

  • It automatically applies treaties within domestic systems.
  • It views international law as subordinate to domestic law.
  • It requires international law to be incorporated into domestic law. (correct)
  • It treats international law as superior to domestic law.
  • Which article of the Vienna Convention on the Law of Treaties (VCLT) establishes that domestic law cannot justify non-performance of a treaty?

    <p>Article 27</p> Signup and view all the answers

    What is a self-executing norm?

    <p>A norm that directly applies in domestic courts without additional legislation.</p> Signup and view all the answers

    What is a key limitation of the international legal system?

    <p>It requires state consent for most dispute resolutions.</p> Signup and view all the answers

    Which statement best describes how dualism treats the relationship between domestic and international law?

    <p>Each system operates independently and requires formal incorporation for applicability.</p> Signup and view all the answers

    What role does state consent play in the enforcement of international law?

    <p>It is necessary for binding arbitration in international disputes.</p> Signup and view all the answers

    What distinguishes a contentious case from an advisory opinion in the International Court of Justice (ICJ)?

    <p>Contentious cases result in binding judgments</p> Signup and view all the answers

    What is the primary obligation of states under the principle of non-refoulement in refugee law?

    <p>Not return refugees to countries where they face persecution</p> Signup and view all the answers

    Which body is responsible for monitoring compliance with the International Covenant on Civil and Political Rights (ICCPR)?

    <p>Human Rights Committee</p> Signup and view all the answers

    Which international tribunal is specifically designed to handle war crimes, genocide, and crimes against humanity?

    <p>International Criminal Court (ICC)</p> Signup and view all the answers

    What is the defining feature of jus cogens norms in international law?

    <p>They are universally binding and non-derogable</p> Signup and view all the answers

    Under which Geneva Convention are prisoners of war specifically protected?

    <p>Third Geneva Convention</p> Signup and view all the answers

    Which mechanism is utilized to review human rights practices of all UN member states?

    <p>Universal Periodic Review (UPR)</p> Signup and view all the answers

    Which principle governs the responsibility of states to protect human rights within their jurisdiction?

    <p>Responsibility to Protect (R2P)</p> Signup and view all the answers

    What obligation must states observe when a treaty is self-executing in a monist system?

    <p>When the treaty is self-executing</p> Signup and view all the answers

    What characterizes erga omnes obligations in international law?

    <p>They are owed to the international community as a whole</p> Signup and view all the answers

    Which body enforces ICJ decisions if a state does not comply voluntarily?

    <p>United Nations Security Council</p> Signup and view all the answers

    What is required for the ICJ to exercise jurisdiction in contentious cases?

    <p>A state’s consent through optional or compromissory clauses</p> Signup and view all the answers

    What does administrative law primarily regulate?

    <p>Powers, procedures, and acts of public administration</p> Signup and view all the answers

    What is a key difference between public and private law?

    <p>Public law governs relationships between the state and individuals.</p> Signup and view all the answers

    What is a primary challenge in global administrative law?

    <p>Sovereignty conflicts in cross-border governance</p> Signup and view all the answers

    Which instrument is foundational to modern international human rights law?

    <p>Universal Declaration of Human Rights (1948)</p> Signup and view all the answers

    What is the key focus of international humanitarian law?

    <p>Protecting individuals during armed conflicts</p> Signup and view all the answers

    Which of the following is a jus cogens norm?

    <p>Prohibition of genocide</p> Signup and view all the answers

    What are erga omnes obligations?

    <p>Duties towards the international community as a whole</p> Signup and view all the answers

    What is a significant challenge in protecting individual rights under international law?

    <p>State sovereignty and resistance to scrutiny</p> Signup and view all the answers

    Which mechanism allows individuals to seek redress for rights violations under the ICCPR?

    <p>Human Rights Committee (HRC)</p> Signup and view all the answers

    Which case demonstrated the extraterritorial applicability of human rights obligations?

    <p>Al-Skeini v. United Kingdom</p> Signup and view all the answers

    What is a limitation of the Universal Periodic Review (UPR) mechanism?

    <p>It relies on voluntary state compliance.</p> Signup and view all the answers

    What does the term 'progressive realization' refer to in international law?

    <p>Gradual implementation of economic, social, and cultural rights based on resources</p> Signup and view all the answers

    How do monist systems view the relationship between international law and domestic law?

    <p>International law automatically becomes part of domestic law.</p> Signup and view all the answers

    What does Article 26 of the VCLT primarily establish?

    <p>Treaties are binding and must be performed in good faith.</p> Signup and view all the answers

    What distinguishes self-executing norms from non-self-executing norms?

    <p>Self-executing norms apply directly, while non-self-executing norms require domestic action.</p> Signup and view all the answers

    Which mechanism is primarily used for decentralized enforcement of international law?

    <p>State responsibility and countermeasures</p> Signup and view all the answers

    What role does the UN Security Council play in international law enforcement?

    <p>It provides limited enforcement under specific conditions.</p> Signup and view all the answers

    Which of the following does NOT characterize a dualist legal system?

    <p>International law applies automatically without domestic transformation.</p> Signup and view all the answers

    In conflicts between international and domestic law within monist systems, what prevails?

    <p>International law prevails.</p> Signup and view all the answers

    What is the primary concern of Article 27 of the VCLT?

    <p>Preventing domestic law from excusing non-compliance with treaties.</p> Signup and view all the answers

    Which method of dispute resolution involves non-binding agreements facilitated by a neutral party?

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

    What limitation does international law enforcement face?

    <p>The lack of a central authority to compel compliance.</p> Signup and view all the answers

    What is necessary for the ICJ to consider a dispute?

    <p>Consent of the states involved.</p> Signup and view all the answers

    Which approach applies international law directly within domestic legal orders?

    <p>Monist approach</p> Signup and view all the answers

    Which of the following is an example of a self-executing norm?

    <p>A provision granting specific individual rights.</p> Signup and view all the answers

    Which method of enforcing international law relies on voluntary state compliance?

    <p>Self-help measures and countermeasures.</p> Signup and view all the answers

    Study Notes

    • International Law Structure: International law operates horizontally, with sovereign equality among states and decentralized legal functions. There is no central legislative body or global police force.
    • Monism vs. Dualism:
      • Monism: International law is directly applicable in domestic systems without transformation.
      • Dualism: International law requires incorporation into domestic law.
    • Vienna Convention on the Law of Treaties (VCLT) - Article 27: States cannot invoke domestic law as a justification for failing to perform a treaty obligation.
    • Self-Executing vs. Non-Self-Executing Norms:
      • Self-executing norms apply directly in domestic courts, requiring no further domestic action.
      • Non-self-executing norms require domestic legislative action before being enforced.
    • Limitations of International Law Enforcement: International law relies on state consent for most dispute resolution and lacks a central enforcement mechanism.
    • UN Security Council Role: The UN Security Council's enforcement powers are limited and situational.
    • Monist Systems: In monist systems, international law automatically incorporates itself into the domestic legal order, thus overriding domestic law when there's a conflict.
    • Dualist Systems: In dualist systems domestic law outranks international law in conflicts.
    • Article 26 VCLT: Treaties are binding and states must perform them in good faith.
    • Dispute Resolution: Mediation involves a neutral third party facilitating non-binding agreements.
    • ICJ Jurisdiction: The International Court of Justice's jurisdiction depends on state consent.

    International Court of Justice (ICJ)

    • ICJ Role: The ICJ provides binding judgments in contentious cases and advisory opinions.
    • Monetary Gold Case: The ICJ cannot adjudicate cases involving states that haven't consented.
    • Use of Force: The Nicaragua v. United States case clarified the use of force in international law.
    • Enforcement of ICJ Judgments: The UN Security Council plays a limited enforcement role.
    • ICJ Jurisdiction: States must consent to the court's jurisdiction, typically through optional or compromissory clauses.

    Administrative Law

    • Administrative Law Scope: Governs public administration's powers, procedures, and actions, essentially regulating state authority and individual rights.
    • Public vs. Private Law: Public law concerns relations between the state and individuals, while private law governs relations between individuals.
    • Recruitment Principles: Public sector employment should be merit-based, prioritizing qualifications and performance.
    • Challenges in Global Administrative Law: State sovereignty conflicts are a key challenge in international cooperation on administrative matters.
    • Multilevel Governance: administrative decision-making occurs simultaneously at both national and EU levels.

    Protection of Individuals in International Law

    • Human Rights Fundamentals: The Universal Declaration of Human Rights (UDHR) is foundational to modern international human rights.
    • International Humanitarian Law (IHL): IHL protects individuals during armed conflicts.
    • Jus Cogens: Jus cogens are non-derogable norms, such as the prohibition of genocide.
    • Erga Omnes Obligations: Obligations owed to the entire international community, not just specific states.
    • International Refugee Law: The Refugee Convention defines refugees and protects their rights.
    • Non-Refoulement: states must not return refugees to countries where they face persecution.
    • Geneva Conventions: Different conventions specify laws in different wartime scenarios, including prisoner of war protections.

    Enforcement and Challenges

    • Challenges in Enforcing Rights: State sovereignty and resistance to scrutiny present significant challenges in implementing international human rights.
    • Redress Mechanisms: The Human Rights Committee (HRC) offers redress for ICCPR violations.
    • Extraterritorial Applicability: The Filartiga v. Pena-Irala case demonstrated that human rights obligations can apply extraterritorially.
    • Limitations of UPR: The UPR relies on voluntary state compliance, hence is limited in enforcing its suggestions.
    • Progressive Realization: Economic, social, and cultural rights might need gradual implementation based on a state's resources.

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    Description

    Explore the complexities of how international law is received in domestic legal orders through this quiz based on Lecture 7. Delve into concepts like monism vs. dualism, the Vienna Convention on the Law of Treaties, and the distinctions between self-executing and non-self-executing norms. Test your understanding of these fundamental legal principles.

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