Podcast
Questions and Answers
What is customary law based on?
What is customary law based on?
- International treaties signed by states
- Written statutes enacted by legislative bodies
- Opinions of prominent legal scholars
- Established practices of states supported by subjective belief (correct)
Under what condition is a customary rule binding on states?
Under what condition is a customary rule binding on states?
- Only when recognized by international courts
- If a majority of states agree to it
- Only if it is explicitly stated in a treaty
- Unless a state has persistently objected to that rule (correct)
Which of the following scenarios best illustrates the challenges of applying international treaties on torture?
Which of the following scenarios best illustrates the challenges of applying international treaties on torture?
- A state helps another state that tortures individuals in secret prisons
- A state interrogates suspects in a facility outside its territories (correct)
- A state signs a treaty but does not ratify it
- A state conducts torture within its own borders
What can international lawyers use as guidance in determining if an act amounts to torture?
What can international lawyers use as guidance in determining if an act amounts to torture?
What is a potential counterargument regarding the application of treaties prohibiting torture?
What is a potential counterargument regarding the application of treaties prohibiting torture?
What is a key limitation of the treaties regarding torture referenced in the scenario?
What is a key limitation of the treaties regarding torture referenced in the scenario?
What metaphor is used to illustrate the complexities of law-making?
What metaphor is used to illustrate the complexities of law-making?
What should an international lawyer consider when faced with cases of torture?
What should an international lawyer consider when faced with cases of torture?
What is one criterion that helps determine if a territorial entity is considered a sovereign state?
What is one criterion that helps determine if a territorial entity is considered a sovereign state?
What happens when a state does not recognize another state despite meeting the criteria for statehood?
What happens when a state does not recognize another state despite meeting the criteria for statehood?
What recourse do individuals have under international law if they are tortured by officials of another state?
What recourse do individuals have under international law if they are tortured by officials of another state?
Which of the following is NOT typically considered a source of international law?
Which of the following is NOT typically considered a source of international law?
What is one method that can lead to the creation of multilateral treaties?
What is one method that can lead to the creation of multilateral treaties?
How does a treaty become legally binding for the member states?
How does a treaty become legally binding for the member states?
If a state tortures its own citizens, how can other states intervene under international law?
If a state tortures its own citizens, how can other states intervene under international law?
What principle is recognized as a source of international law that is also prevalent in many domestic legal systems?
What principle is recognized as a source of international law that is also prevalent in many domestic legal systems?
What is jus ad bellum concerned with?
What is jus ad bellum concerned with?
Which of the following best describes jus post-bellum?
Which of the following best describes jus post-bellum?
How has international human rights law influenced humanitarian law?
How has international human rights law influenced humanitarian law?
What significant development in international criminal law occurred after the Cold War?
What significant development in international criminal law occurred after the Cold War?
Which entity was traditionally considered a subject of international law?
Which entity was traditionally considered a subject of international law?
What does a legal prohibition of torture imply for governments?
What does a legal prohibition of torture imply for governments?
What is not typically considered a privilege of a sovereign state?
What is not typically considered a privilege of a sovereign state?
What principle allows sovereign states to refrain from interfering in each other's affairs?
What principle allows sovereign states to refrain from interfering in each other's affairs?
What is a central legal argument regarding the killing of terrorist suspects in foreign countries?
What is a central legal argument regarding the killing of terrorist suspects in foreign countries?
What normative role does international law play according to the content?
What normative role does international law play according to the content?
Which of the following is a characteristic of liberal approaches to international relations (IR) theory?
Which of the following is a characteristic of liberal approaches to international relations (IR) theory?
How does the English school of thought characterize international society?
How does the English school of thought characterize international society?
What does social movement theory focus on within the context of civil society?
What does social movement theory focus on within the context of civil society?
What argument is raised about the concept of torture in international law?
What argument is raised about the concept of torture in international law?
What has the discussion around international law shifted from and to?
What has the discussion around international law shifted from and to?
What does constructivist theory primarily examine within international relations?
What does constructivist theory primarily examine within international relations?
What is the primary belief of a fatalistic conception of world politics?
What is the primary belief of a fatalistic conception of world politics?
According to the optimistic and state-centred perspective, what is necessary for progress in international affairs?
According to the optimistic and state-centred perspective, what is necessary for progress in international affairs?
What is a potential consequence of allowing states to promote human protection independently?
What is a potential consequence of allowing states to promote human protection independently?
What does the rule-governed international society perspective emphasize?
What does the rule-governed international society perspective emphasize?
Which ethical position privileges individuals over states?
Which ethical position privileges individuals over states?
What is a primary critique of the legal view regarding state interventions?
What is a primary critique of the legal view regarding state interventions?
What does the concept of 'begrudging cooperation' imply in the context of world politics?
What does the concept of 'begrudging cooperation' imply in the context of world politics?
What perspective does the UN charter underpin concerning state behavior?
What perspective does the UN charter underpin concerning state behavior?
What is the primary responsibility of states under the Responsibility to Protect framework?
What is the primary responsibility of states under the Responsibility to Protect framework?
How many pillars does the Responsibility to Protect framework have?
How many pillars does the Responsibility to Protect framework have?
Which international body plays a significant role in the implementation of the Responsibility to Protect?
Which international body plays a significant role in the implementation of the Responsibility to Protect?
What has been a notable change regarding the perception of the Responsibility to Protect over time?
What has been a notable change regarding the perception of the Responsibility to Protect over time?
What commitment did the UN Security Council and the General Assembly reaffirm regarding the Responsibility to Protect?
What commitment did the UN Security Council and the General Assembly reaffirm regarding the Responsibility to Protect?
What fundamental issue does the Responsibility to Protect address?
What fundamental issue does the Responsibility to Protect address?
What does the second pillar of the Responsibility to Protect emphasize?
What does the second pillar of the Responsibility to Protect emphasize?
Which resolution exemplifies the requirement for governments to protect their populations?
Which resolution exemplifies the requirement for governments to protect their populations?
Flashcards
Law of Peace
Law of Peace
The body of rules and principles that govern the conduct of states in times of peace.
Law of Armed Conflict
Law of Armed Conflict
The body of rules and principles that govern the conduct of states in times of armed conflict.
Jus Ad Bellum (The Law to Engage in War)
Jus Ad Bellum (The Law to Engage in War)
The legal framework governing the use of force by states, focusing on when it is legal to go to war.
Jus Post-Bellum (The Law After War)
Jus Post-Bellum (The Law After War)
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International Human Rights Law
International Human Rights Law
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International Criminal Law
International Criminal Law
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Subjects of International Law
Subjects of International Law
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Sovereign Status
Sovereign Status
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Statehood Criteria
Statehood Criteria
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Recognition of Statehood
Recognition of Statehood
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Sovereignty and Non-Intervention
Sovereignty and Non-Intervention
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Customary International Law
Customary International Law
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Treaty Law
Treaty Law
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Judicial Decisions and Scholarly Writings
Judicial Decisions and Scholarly Writings
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General Principles of Law
General Principles of Law
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Individuals and International Law Historically
Individuals and International Law Historically
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Determining Customary Law
Determining Customary Law
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International Treaties
International Treaties
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Prohibition of Torture
Prohibition of Torture
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Extraterritorial Application
Extraterritorial Application
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Territorial Applicability
Territorial Applicability
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Ratifying a Treaty
Ratifying a Treaty
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Torture
Torture
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Relevance of International Law
Relevance of International Law
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International Law in Practice
International Law in Practice
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Liberal Approach to International Law
Liberal Approach to International Law
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English School of International Relations
English School of International Relations
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Constructivism in International Relations
Constructivism in International Relations
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Social Movement Theory
Social Movement Theory
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Shift in International Law Discourse
Shift in International Law Discourse
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Convergence of International Law and IR Theory
Convergence of International Law and IR Theory
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Responsibility to Protect (R2P)
Responsibility to Protect (R2P)
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Primary Responsibility of the State
Primary Responsibility of the State
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International Responsibility to Encourage and Assist
International Responsibility to Encourage and Assist
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International Responsibility to Respond
International Responsibility to Respond
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Non-Intervention
Non-Intervention
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Commitment to Preventing Atrocity Crimes
Commitment to Preventing Atrocity Crimes
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ASEAN Intergovernmental Commission on Human Rights
ASEAN Intergovernmental Commission on Human Rights
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UN World Summit Outcome Document (2005)
UN World Summit Outcome Document (2005)
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Tragic Conception of World Politics
Tragic Conception of World Politics
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Optimistic and State-Centred Approach
Optimistic and State-Centred Approach
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Rule-Governed International Society
Rule-Governed International Society
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UN Charter as the Basis for Cooperation
UN Charter as the Basis for Cooperation
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Prohibition on Interference in National Affairs
Prohibition on Interference in National Affairs
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Incremental Expansion of Collective Action
Incremental Expansion of Collective Action
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State Consensus on Moral Principles
State Consensus on Moral Principles
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Benefits Outweigh Risks
Benefits Outweigh Risks
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Study Notes
International Law
- International law is a significant area of study, often theoretical and historical, drawing on themes explored earlier.
- Legal norms influence international relations, though interpretations of their relevance and function vary.
- A hypothetical settlement, lacking centralized governance, demonstrates rudimentary legal systems with shared rules and principles, even without formal 'laws'.
- Sovereign equality and state sovereignty are crucial pillars of international law, developed over centuries by political and legal thinkers.
- International legal norms originate from states’ consent, through conventions or established customary practices.
- International law today encompasses various fields, including interstate interactions, international organisations, non-state actors, human rights, and wartime conduct.
What is International Law?
- International law is a system of rules and principles that govern the interactions between states.
- It differs from domestic law as it lacks a central legislative body or a single system of enforcement.
- The validity of international laws depends on the consent of the states, creating varied applications and interpretations.
- Customary practices, treaties, and general legal principles play a role in shaping international law.
Contents of International Law
- International law broadly comprises domestic, regional relations, and international spheres.
- Domestic law influences the citizens of a specific nation.
- Regional law, such as European Union law, targets specific geographical regions or legal communities.
- Public international law deals with state interactions, international organisations, and non-state actors.
- Private international law governs cross-border legal disputes.
How International Law is Made
- Bilateral and multilateral treaties constitute the most important concrete sources.
- These treaties are drafted through negotiations and ratified legally.
- The International Court of Justice Statute lists sources such as treaties, customary international law, general legal principles, and judicial decisions.
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