International Law Overview Quiz

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Questions and Answers

What does Article 26 of the VCLT state about treaties?

Every treaty is binding upon the parties and must be performed in good faith. (correct)

Treaties must be performed by parties in bad faith.

Only international agreements are enforceable under domestic law.

Treaties are optional for parties to follow.

According to Article 27 of the VCLT, what is not an excuse for failing to perform a treaty?

Change in government policy.

Conflict with domestic laws. (correct)

Resource limitations.

Lack of international recognition.

Which statement best describes the relationship between international law and domestic legal orders?

Domestic legal orders solely determine the applicability of international law.

International law only applies in the absence of domestic law.

Domestic legal orders can impose conditions for international law application. (correct)

International law automatically invalidates domestic laws.

What do the terms 'monism' and 'dualism' refer to in the context of international law?

The relationship between international law and domestic law. Signup and view all the answers

How are public international law obligations typically implemented in practice?

By conforming domestic laws and creating new regulations. Signup and view all the answers

What characterizes the monist approach towards international law?

International law is directly applicable without transformation into domestic law. Signup and view all the answers

Which of the following statements aligns with the dualist perspective on international law?

International law cannot address individuals directly without domestic incorporation. Signup and view all the answers

Which theory evolved to dominate the understanding of international law in the 20th century?

Monism Signup and view all the answers

Under the dualistic approach, which aspect is emphasized about the relationship between international and domestic law?

Each operates within its formal legal framework without influencing one another. Signup and view all the answers

What is a key feature of the supremacy of international law in the context of monism?

International law resolves all domestic legal conflicts. Signup and view all the answers

Which theory suggests that individuals can be subjects of international law?

Monism Signup and view all the answers

In dualism, which of the following are considered different sources of law?

Customary law and statutes. Signup and view all the answers

Which of the following terms best describes norms that require domestic implementation to be effective?

Incorporated norms Signup and view all the answers

What are self-executing norms in international law?

Provisions that can be applied directly by domestic legal systems Signup and view all the answers

Which of the following is a type of enforcement mechanism in international law?

Coercive and non-coercive mechanisms Signup and view all the answers

What is typically considered a 'dispute' in the context of international law?

A disagreement over a point of law or fact Signup and view all the answers

Which mechanism may involve the use of force in self-defense?

Self-help measures Signup and view all the answers

How are breaches of international law typically addressed?

Using established enforcement mechanisms Signup and view all the answers

What does 'direct effect' refer to in the context of self-executing norms?

The ability of a norm to be applied immediately without further legislation Signup and view all the answers

What determines whether there exists an international dispute?

Objective determination of facts or laws Signup and view all the answers

What is an example of an institutionalized enforcement mechanism in international law?

The International Court of Justice Signup and view all the answers

What defines a legal dispute according to Hans Kelsen?

It must be settled by the application of legal norms. Signup and view all the answers

Which article of the UN Charter emphasizes the peaceful settlement of international disputes?

Article 2(3) Signup and view all the answers

In the context of international law, what is the distinction between justiciable and non-justiciable disputes?

Justiciable disputes can be resolved through legal procedures, non-justiciable cannot. Signup and view all the answers

What is the main obligation of parties involved in a dispute under Article 33 of the UN Charter?

To settle the dispute by peaceful means. Signup and view all the answers

What purpose do Articles 36-38 of the UN Charter serve?

To provide recommendations to parties involved in disputes. Signup and view all the answers

How does the ICJ define a dispute between parties?

As a difference in opinions regarding legal obligations. Signup and view all the answers

In the context of dispute settlement, what role does the Secretary-General play according to the UN Charter?

To bring situations to the attention of the Security Council. Signup and view all the answers

What are the primary objectives of Chapter VI of the UN Charter?

To facilitate the peaceful settlement of disputes. Signup and view all the answers

What is the first course of action that parties to a dispute should seek?

Negotiation and other peaceful means Signup and view all the answers

Which body is primarily responsible for the maintenance of international peace and security?

The UN Security Council Signup and view all the answers

What characterizes the methods of peaceful dispute settlement in international law?

They are consensual and not legally prescribed. Signup and view all the answers

Which of the following is NOT a method of dispute settlement mentioned in the content?

Diplomatic intervention Signup and view all the answers

What does Article 52 of the UN Charter emphasize?

The role of regional organizations in dispute resolution. Signup and view all the answers

Which method is identified as the simplest and most common for resolving disputes?

Negotiation Signup and view all the answers

What is the legal obligation regarding the manner of resolving international disputes?

There is no obligation to settle disputes, but attempts must be peaceful. Signup and view all the answers

The principle of peaceful settlement of disputes is considered a corollary to which international legal principle?

The prohibition of the use or threat of force Signup and view all the answers

What is the primary characteristic of conciliation as a method of dispute settlement?

It provides proposals rather than binding resolutions. Signup and view all the answers

Which of the following statements about arbitration is true?

Parties choose the location and applicable law for arbitration. Signup and view all the answers

What role does the Permanent Court of Arbitration serve?

It acts as an arbitration secretariat for international disputes. Signup and view all the answers

What is a major drawback of conciliation compared to other dispute resolution methods?

It often takes longer and is less direct. Signup and view all the answers

Which option best describes the International Court of Justice?

The principal judicial organ of the UN, located in The Hague. Signup and view all the answers

What sets arbitration apart from conciliation in dispute settlement?

Arbitration uses binding awards while conciliation does not. Signup and view all the answers

Which factor contributes to the low utilization of conciliation as a dispute resolution method?

It lacks an enforcement mechanism. Signup and view all the answers

In arbitration, what do the parties typically determine?

The applicable law and procedures. Signup and view all the answers

Study Notes

Public International Law - Reception of International Law in Domestic Legal Orders

The presentation covers the reception of international law within domestic legal systems.
International law is applied differently than domestic law, due to the lack of central authority.
States are equal and independent actors in the international system.
Decision-making in international law relies on the principle of consent.
There's no global legislative body, treaties, and custom are used to create international law.
There's no global executive body, and no international police force; the UN Security Council's role is questioned.
There is no system with compulsory jurisdiction for international courts, the ICJ can only take cases if the states involved consent.
States generally observe international law, but the enforcement mechanisms and methods are different from domestic orders.
Article 26 VCLT: all treaties are binding on parties involved
Article 27 VCLT: parties cannot invoke national laws to avoid treaty obligations
Conditions for applying international law within a country are determined by their domestic legal system.
Domestic legal systems have to bring their domestic laws in accordance with international requirements.
There's no automatic nullification of existing domestic law when international standards are introduced.
There are instances where international law is applied directly within the domestic system — i.e.: self-executing norms.
There are two main theories (Monism and Dualism) on the reception of international law in domestic systems.
Monism: A unified legal system where international law is superior to national law, with no need for transformation (e.g. pyramid model).
Dualism: Distinguishes between international and national law, requiring a transformation of international law into domestic law to be applicable.
Self-executing norms are directly applicable within the domestic system as it already contains the needed tools or instruments for their execution.
The implementation of international law varies from nation to nation.
International legal disputes are resolved through diplomatic or legal methods.
Diplomacy includes negotiation, good offices, mediation, and inquiry.
Legal methods include arbitration and the ICJ.
Additional methods exist under UNCLOS, WTO dispute settlement understanding (DSU), and international investment arbitration.
The UN Charter is important for resolving and settling legal disputes through peaceful means.

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Description

Test your knowledge on the Vienna Convention on the Law of Treaties (VCLT) and the relationship between international law and domestic legal systems. This quiz covers key articles of the VCLT, concepts like monism and dualism, and the implementation of international obligations.