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?

<p>The relationship between international law and domestic law. (C)</p> Signup and view all the answers

How are public international law obligations typically implemented in practice?

<p>By conforming domestic laws and creating new regulations. (C)</p> Signup and view all the answers

What characterizes the monist approach towards international law?

<p>International law is directly applicable without transformation into domestic law. (C)</p> Signup and view all the answers

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

<p>International law cannot address individuals directly without domestic incorporation. (C)</p> Signup and view all the answers

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

<p>Monism (D)</p> Signup and view all the answers

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

<p>Each operates within its formal legal framework without influencing one another. (A)</p> Signup and view all the answers

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

<p>International law resolves all domestic legal conflicts. (C)</p> Signup and view all the answers

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

<p>Monism (B)</p> Signup and view all the answers

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

<p>Customary law and statutes. (D)</p> Signup and view all the answers

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

<p>Incorporated norms (D)</p> Signup and view all the answers

What are self-executing norms in international law?

<p>Provisions that can be applied directly by domestic legal systems (C)</p> Signup and view all the answers

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

<p>Coercive and non-coercive mechanisms (C)</p> Signup and view all the answers

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

<p>A disagreement over a point of law or fact (A)</p> Signup and view all the answers

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

<p>Self-help measures (B)</p> Signup and view all the answers

How are breaches of international law typically addressed?

<p>Using established enforcement mechanisms (A)</p> Signup and view all the answers

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

<p>The ability of a norm to be applied immediately without further legislation (D)</p> Signup and view all the answers

What determines whether there exists an international dispute?

<p>Objective determination of facts or laws (D)</p> Signup and view all the answers

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

<p>The International Court of Justice (A)</p> Signup and view all the answers

What defines a legal dispute according to Hans Kelsen?

<p>It must be settled by the application of legal norms. (A)</p> Signup and view all the answers

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

<p>Article 2(3) (B)</p> Signup and view all the answers

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

<p>Justiciable disputes can be resolved through legal procedures, non-justiciable cannot. (B)</p> Signup and view all the answers

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

<p>To settle the dispute by peaceful means. (B)</p> Signup and view all the answers

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

<p>To provide recommendations to parties involved in disputes. (B)</p> Signup and view all the answers

How does the ICJ define a dispute between parties?

<p>As a difference in opinions regarding legal obligations. (C)</p> Signup and view all the answers

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

<p>To bring situations to the attention of the Security Council. (D)</p> Signup and view all the answers

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

<p>To facilitate the peaceful settlement of disputes. (A)</p> Signup and view all the answers

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

<p>Negotiation and other peaceful means (C)</p> Signup and view all the answers

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

<p>The UN Security Council (D)</p> Signup and view all the answers

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

<p>They are consensual and not legally prescribed. (C)</p> Signup and view all the answers

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

<p>Diplomatic intervention (C)</p> Signup and view all the answers

What does Article 52 of the UN Charter emphasize?

<p>The role of regional organizations in dispute resolution. (C)</p> Signup and view all the answers

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

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

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

<p>There is no obligation to settle disputes, but attempts must be peaceful. (D)</p> Signup and view all the answers

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

<p>The prohibition of the use or threat of force (D)</p> Signup and view all the answers

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

<p>It provides proposals rather than binding resolutions. (A)</p> Signup and view all the answers

Which of the following statements about arbitration is true?

<p>Parties choose the location and applicable law for arbitration. (D)</p> Signup and view all the answers

What role does the Permanent Court of Arbitration serve?

<p>It acts as an arbitration secretariat for international disputes. (C)</p> Signup and view all the answers

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

<p>It often takes longer and is less direct. (D)</p> Signup and view all the answers

Which option best describes the International Court of Justice?

<p>The principal judicial organ of the UN, located in The Hague. (A)</p> Signup and view all the answers

What sets arbitration apart from conciliation in dispute settlement?

<p>Arbitration uses binding awards while conciliation does not. (B)</p> Signup and view all the answers

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

<p>It lacks an enforcement mechanism. (D)</p> Signup and view all the answers

In arbitration, what do the parties typically determine?

<p>The applicable law and procedures. (B)</p> Signup and view all the answers

Flashcards

International Law Observance

International treaties, like those governed by the Vienna Convention on the Law of Treaties (VCLT), are generally expected to be upheld by participating nations.

Article 26 VCLT

A treaty's obligations are binding on signatories and must be carried out honestly.

Article 27 VCLT

Domestic laws cannot be used to excuse failure to comply with treaty obligations, other than specific exceptions.

International Law Implementation

National legal systems determine how international law obligations translate into domestic law and how laws are adjusted to international standards.

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Monism vs. Dualism

Different legal systems have varying views on the relationship between international and national law; monism views international law directly part of domestic law whereas dualism views them as separate and needing conversion.

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Monism

A legal theory where international law and domestic law are part of the same, unified legal system.

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Dualism

A legal theory where international law and domestic law are separate systems, requiring transformation for international law to apply domestically.

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International Law Supremacy (Monism)

In this version of monism, international law takes precedence over domestic law in case of conflict.

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Domestic Law Supremacy (Monism)

In this version of monism, international law provides guidelines but is not legally binding on states.

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Transformation of International Law

The process by which international law is incorporated into a domestic legal system through legislation or other means.

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Self-executing Norm

An international law provision that directly applies within a domestic legal system without requiring specific implementation.

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Vienna Convention on the Law of Treaties (VCLT)

An international treaty that codifies the rules governing the creation, interpretation, and application of treaties between states.

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International Law Addressing Individuals

Some international law norms can directly apply to individuals, regardless of domestic law, affecting their rights and obligations.

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Direct Effect

The ability of a norm of international law to be directly applied in a state's domestic legal system.

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Enforcement in International Law

Mechanisms that guarantee the application of international law, even against the will of a state or international organization.

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Dispute Settlement in International Law

A process where two or more states or international organizations agree to use a specific mechanism to resolve a legal dispute and ensure international law is applied.

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Types of Enforcement Mechanisms

International law employs various enforcement mechanisms, which can be categorized by their nature. Examples include decentralized, institutionalized, non-coercive, coercive, diplomatic, and judicial/quasi-judicial mechanisms.

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International Dispute Resolution

A process involving states or international organizations seeking resolution to a disagreement over legal questions or facts.

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Self-Help in International Law

A state's right to take actions to protect itself against violations of international law, such as countermeasures or use of force in self-defence.

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State Responsibility

The legal framework that governs the consequences of a state's breach of its international legal obligations.

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What is a 'dispute' in international law?

A 'dispute' in international law refers to a disagreement between states that requires the application of legal norms to settle. This means that existing laws are used to resolve the disagreement.

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What is the difference between legal and political disputes?

Legal disputes are disagreements that can be resolved by applying existing laws (justiciable). Political disputes involve matters where laws might not be applicable, potentially requiring negotiation or other non-legal solutions (non-justiciable).

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What is UN Charter Article 2 (3) about?

Article 2 (3) of the UN Charter states that all UN member states must settle their international disputes peacefully without jeopardizing international peace, security, or justice.

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What is the purpose of Chapter VI of the UN Charter?

Chapter VI of the UN Charter focuses on the peaceful settlement of international disputes. It outlines methods and procedures for resolving disputes.

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Article 33 of the UN Charter: obligations of the parties to a dispute

States involved in a dispute are obligated to seek a solution through peaceful means, such as negotiation, mediation, or arbitration, as outlined in Article 33 of the UN Charter.

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What is the role of the Security Council in resolving disputes?

The Security Council has a key role in ensuring peace, including the power to investigate disputes, recommend solutions, and even impose sanctions. It can intervene when peaceful methods fail.

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What is the role of the General Assembly in resolving disputes?

The General Assembly, though primarily a forum for discussion, can also contribute to dispute resolution by considering issues and making recommendations for peaceful settlement.

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Give an example of the UN's role in dispute settlement.

A prime example is peacekeeping, where UN forces are deployed to conflict zones to maintain peace and security. This involves monitoring ceasefires, protecting civilians, and facilitating political negotiations.

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Conciliation

A method for settling international disputes where an impartial commission examines the issue and suggests a solution for the parties to accept. It's a structured process, aiming to find common ground, with non-binding recommendations.

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Arbitration

A more formal method of international dispute settlement, where parties agree to have their dispute heard and resolved by an independent third party. The arbitrator's decision is legally binding.

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What is the Permanent Court of Arbitration (PCA)?

Established by the 1899 Hague Convention, it acts as a secretariat and platform for international arbitration. It provides administrative and logistical support for arbitral tribunals.

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International Court of Justice (ICJ)

The main judicial body of the United Nations, located in The Hague, responsible for settling legal disputes between states.

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How does conciliation differ from arbitration?

Conciliation uses an impartial third party for suggestions, but the decision is not binding. Arbitration involves a third party making a legally binding decision.

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Why are some dispute settlement methods preferred over others?

Some methods are faster, cheaper, or more direct in resolving disputes. The specific needs of the parties and the nature of the dispute influence choice.

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What common elements do conciliation and arbitration share?

Both involve third parties to facilitate reaching a settlement. They both involve finding common ground and potential solutions.

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Why is the Permanent Court of Arbitration important?

The PCA makes the process of international arbitration smoother by offering a common framework, resources, and rules. It helps resolve conflicts in a structured way.

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Peaceful Settlement: Principle

The core idea that international disputes should be resolved without resorting to force. A cornerstone of international law.

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Peaceful Settlement: Methods

Various ways to resolve disputes, including negotiation, mediation, arbitration, and legal processes. The goal is to find a peaceful solution.

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UN Charter Chapter VIII

This section of the UN Charter outlines the role of regional organizations in maintaining international peace and security.

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Article 52: Regional Organizations

This UN Charter article allows regional organizations to participate in peaceful dispute resolution.

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IUS COGENS: Non-Use Of Force

This fundamental rule of international law prohibits the use of force to settle disagreements.

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Peaceful Settlement: IUS COGENS

While there's no obligation to settle disputes, if you do, it must be peacefully. This aligns with the ius cogens prohibition of force.

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Dispute Settlement: Consensual

No specific method of peaceful settlement is mandatory. The parties must agree on the process.

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Negotiation: Simple & Common

Direct talks between the parties involved in a dispute to find common ground or understand different viewpoints.

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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.

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