Podcast
Questions and Answers
What distinguishes the horizontal structure of international law?
What distinguishes the horizontal structure of international law?
According to monism, how is international law applied in domestic systems?
According to monism, how is international law applied in domestic systems?
What is the primary characteristic of dualism in the application of international law?
What is the primary characteristic of dualism in the application of international law?
Which article of the Vienna Convention on the Law of Treaties (VCLT) establishes that domestic law cannot justify non-performance of a treaty?
Which article of the Vienna Convention on the Law of Treaties (VCLT) establishes that domestic law cannot justify non-performance of a treaty?
Signup and view all the answers
What is a self-executing norm?
What is a self-executing norm?
Signup and view all the answers
What is a key limitation of the international legal system?
What is a key limitation of the international legal system?
Signup and view all the answers
Which statement best describes how dualism treats the relationship between domestic and international law?
Which statement best describes how dualism treats the relationship between domestic and international law?
Signup and view all the answers
What role does state consent play in the enforcement of international law?
What role does state consent play in the enforcement of international law?
Signup and view all the answers
What distinguishes a contentious case from an advisory opinion in the International Court of Justice (ICJ)?
What distinguishes a contentious case from an advisory opinion in the International Court of Justice (ICJ)?
Signup and view all the answers
What is the primary obligation of states under the principle of non-refoulement in refugee law?
What is the primary obligation of states under the principle of non-refoulement in refugee law?
Signup and view all the answers
Which body is responsible for monitoring compliance with the International Covenant on Civil and Political Rights (ICCPR)?
Which body is responsible for monitoring compliance with the International Covenant on Civil and Political Rights (ICCPR)?
Signup and view all the answers
Which international tribunal is specifically designed to handle war crimes, genocide, and crimes against humanity?
Which international tribunal is specifically designed to handle war crimes, genocide, and crimes against humanity?
Signup and view all the answers
What is the defining feature of jus cogens norms in international law?
What is the defining feature of jus cogens norms in international law?
Signup and view all the answers
Under which Geneva Convention are prisoners of war specifically protected?
Under which Geneva Convention are prisoners of war specifically protected?
Signup and view all the answers
Which mechanism is utilized to review human rights practices of all UN member states?
Which mechanism is utilized to review human rights practices of all UN member states?
Signup and view all the answers
Which principle governs the responsibility of states to protect human rights within their jurisdiction?
Which principle governs the responsibility of states to protect human rights within their jurisdiction?
Signup and view all the answers
What obligation must states observe when a treaty is self-executing in a monist system?
What obligation must states observe when a treaty is self-executing in a monist system?
Signup and view all the answers
What characterizes erga omnes obligations in international law?
What characterizes erga omnes obligations in international law?
Signup and view all the answers
Which body enforces ICJ decisions if a state does not comply voluntarily?
Which body enforces ICJ decisions if a state does not comply voluntarily?
Signup and view all the answers
What is required for the ICJ to exercise jurisdiction in contentious cases?
What is required for the ICJ to exercise jurisdiction in contentious cases?
Signup and view all the answers
What does administrative law primarily regulate?
What does administrative law primarily regulate?
Signup and view all the answers
What is a key difference between public and private law?
What is a key difference between public and private law?
Signup and view all the answers
What is a primary challenge in global administrative law?
What is a primary challenge in global administrative law?
Signup and view all the answers
Which instrument is foundational to modern international human rights law?
Which instrument is foundational to modern international human rights law?
Signup and view all the answers
What is the key focus of international humanitarian law?
What is the key focus of international humanitarian law?
Signup and view all the answers
Which of the following is a jus cogens norm?
Which of the following is a jus cogens norm?
Signup and view all the answers
What are erga omnes obligations?
What are erga omnes obligations?
Signup and view all the answers
What is a significant challenge in protecting individual rights under international law?
What is a significant challenge in protecting individual rights under international law?
Signup and view all the answers
Which mechanism allows individuals to seek redress for rights violations under the ICCPR?
Which mechanism allows individuals to seek redress for rights violations under the ICCPR?
Signup and view all the answers
Which case demonstrated the extraterritorial applicability of human rights obligations?
Which case demonstrated the extraterritorial applicability of human rights obligations?
Signup and view all the answers
What is a limitation of the Universal Periodic Review (UPR) mechanism?
What is a limitation of the Universal Periodic Review (UPR) mechanism?
Signup and view all the answers
What does the term 'progressive realization' refer to in international law?
What does the term 'progressive realization' refer to in international law?
Signup and view all the answers
How do monist systems view the relationship between international law and domestic law?
How do monist systems view the relationship between international law and domestic law?
Signup and view all the answers
What does Article 26 of the VCLT primarily establish?
What does Article 26 of the VCLT primarily establish?
Signup and view all the answers
What distinguishes self-executing norms from non-self-executing norms?
What distinguishes self-executing norms from non-self-executing norms?
Signup and view all the answers
Which mechanism is primarily used for decentralized enforcement of international law?
Which mechanism is primarily used for decentralized enforcement of international law?
Signup and view all the answers
What role does the UN Security Council play in international law enforcement?
What role does the UN Security Council play in international law enforcement?
Signup and view all the answers
Which of the following does NOT characterize a dualist legal system?
Which of the following does NOT characterize a dualist legal system?
Signup and view all the answers
In conflicts between international and domestic law within monist systems, what prevails?
In conflicts between international and domestic law within monist systems, what prevails?
Signup and view all the answers
What is the primary concern of Article 27 of the VCLT?
What is the primary concern of Article 27 of the VCLT?
Signup and view all the answers
Which method of dispute resolution involves non-binding agreements facilitated by a neutral party?
Which method of dispute resolution involves non-binding agreements facilitated by a neutral party?
Signup and view all the answers
What limitation does international law enforcement face?
What limitation does international law enforcement face?
Signup and view all the answers
What is necessary for the ICJ to consider a dispute?
What is necessary for the ICJ to consider a dispute?
Signup and view all the answers
Which approach applies international law directly within domestic legal orders?
Which approach applies international law directly within domestic legal orders?
Signup and view all the answers
Which of the following is an example of a self-executing norm?
Which of the following is an example of a self-executing norm?
Signup and view all the answers
Which method of enforcing international law relies on voluntary state compliance?
Which method of enforcing international law relies on voluntary state compliance?
Signup and view all the answers
Study Notes
Multiple-Choice Questions: Lecture 7 - The Reception of International Law in Domestic Legal Orders
- 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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
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.