International Law: Reception & State Responsibility
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Questions and Answers

What is the horizontal structure of the international community?

Lack of central authority.

What are the three primary subjects of international court disputes?

  • Individuals (correct)
  • Intergovernmental organizations (correct)
  • States (correct)
  • Non-governmental organizations
  • Businesses

    • The International Court of Justice (ICJ) can only exercise its jurisdiction if states have accepted the jurisdiction.

    True

    A party may not invoke the provisions of its internal law as justifications for its failure to perform a treaty.

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

    What are two conditions for international law to be applied in domestic legal orders?

    <p>How to bring domestic rules into conformity and how to adopt new legislation/administrative regulations.</p> Signup and view all the answers

    Which of these are the two main versions of the Monist approach to international law?

    <p>International law is above domestic law</p> Signup and view all the answers

    What is the defining characteristic of the Dualist approach to international law?

    <p>International law and domestic law are two distinct and separate legal systems.</p> Signup and view all the answers

    International law is not binding on states, it only provides guidelines.

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

    International law sources are hierarchically superior to municipal law sources but do not radically differ from them.

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

    What are 'self-executing' norms?

    <p>Provisions of international treaties whose direct application by the domestic legal system of a state is possible because they are sufficiently precise to provide a remedy in a given case.</p> Signup and view all the answers

    The question of the direct effect of the PIL norms is regulated by the national law of each country.

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

    What are the two main mechanisms to guarantee the application of IL against the will of the state/international organizations?

    <p>Legal rules on state responsibility and mechanisms for collective enforcement of IL.</p> Signup and view all the answers

    What are the two main mechanisms for collective enforcement of international law?

    <p>Self-help (countermeasures, use of force in self-defence) and diplomatic and judicial/quasi-judicial mechanisms.</p> Signup and view all the answers

    What is the definition of a dispute in international law?

    <p>“A disagreement over a point of law or fact, a conflict of legal views or of interests between two persons” or “Whether there exists an international dispute is a matter for objective determination, e.g. when two sides hold clearly opposite views concerning the question of the performance or non-performance of certain treaty obligations.</p> Signup and view all the answers

    The UNC and dispute settlement dictate that all members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice are not endangered.

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

    What are the obligations of the parties to a dispute according to the UNC?

    <p>The United Nations Charter, particularly Article 33 of Chapter VI, emphasizes the peaceful settlement of international disputes and outlines a hierarchy of methods for addressing disputes - from negotiation to arbitration to judicial settlement - to ensure that disputes do not escalate to the point of endangering international peace and security.</p> Signup and view all the answers

    According to the UNC, the Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

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

    What are the two core concepts of peaceful settlement of disputes?

    <p>Corollary to the prohibition of the use or threat of force as a means of resolving international disputes and non-use of force = jus cogens -&gt; legal obligation to settle disputes peacefully.</p> Signup and view all the answers

    There is a legal obligation in IL to settle disputes, but if an attempt is made -> done peacefully.

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

    What are the two main diplomatic methods of dispute settlement?

    <p>Negotiation and good offices and mediation.</p> Signup and view all the answers

    What are the two meanings of the term 'inquiry' in International Law?

    <p>A process performed whenever a court or other body try to ascertain the fact(s) in contention and A specific institutional arrangement e.g. a particular type of international tribunal known as the commission of inquiry.</p> Signup and view all the answers

    What is conciliation in international law?

    <p>A method for a settlement of international disputes of any nature according to which a commission set up by the parties, either on a permanent or an ad hoc basis to deal with a dispute, proceeds to the impartial examination of the dispute and attempts to define the terms of a settlement susceptible of being accepted by them, or of affording the parties with a view to its settlement, such aid as they may have requested.</p> Signup and view all the answers

    What is arbitration in international law?

    <p>The oldest legal method of dispute settlement, carried out by an arbitral tribunal set up ad hoc by the parties to resolve a specific dispute, disputing parties choose the arbitrators, the location and procedure of the tribunal and determine the applicable law.</p> Signup and view all the answers

    What is the Permanent Court of Arbitration?

    <p>A body set up by the 1899 Hague Convention, an arbitration secretariat and mechanism providing a variety of dispute resolution services.</p> Signup and view all the answers

    What are the functions of the International Court of Justice (ICJ)?

    <p>To settle in accordance with IL the legal disputes submitted to it by states and to give advisory opinions on legal questions referred to it by authorized UN organs and agencies.</p> Signup and view all the answers

    What are the three specialized tribunals that fall under dispute settlement under UNCLOS?

    <p>The International Tribunal for the Law of the Sea (ITLOS), UNCLOS Annex VII and VIII arbitration and The Seabed Disputes Chamber.</p> Signup and view all the answers

    What is the WTO dispute settlement regarding?

    <p>The Dispute Settlement Understanding (DSU), replaced/reinforced the system of General Agreement on Tariffs and Trade (GATT).</p> Signup and view all the answers

    What are the three main characteristics of International Investment Tribunals?

    <p>Conducted between a foreign investor and the ‘host' state in which its investment is located, usually pursuant to a dispute resolution clause in an investment treaty and most often handle disputes related to expropriation, unfair treatment, or breaches of contracts.</p> Signup and view all the answers

    What are the two main types of disputes handled by Human Rights Tribunals?

    <p>Individual complaints and inter-state disputes.</p> Signup and view all the answers

    What is the definition of an international obligation that will be violated by a subject of IL bound by it?

    <p>Primary rule.</p> Signup and view all the answers

    What is the first juridical relation that occurs between states regarding international wrongful acts?

    <p>Original relation.</p> Signup and view all the answers

    What are the two main categories of 'right' regarding international wrongful acts?

    <p>Subject IL and Humanity.</p> Signup and view all the answers

    What is the second juridical relation that occurs between states regarding international wrongful acts?

    <p>New relation.</p> Signup and view all the answers

    What are the two main consequences of international responsibility?

    <p>New rights and new obligations.</p> Signup and view all the answers

    International responsibility is primary.

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

    What is the definition of an 'attribution' as it relates to international responsibility?

    <p>A conduct (action or omission) that implies a breach.</p> Signup and view all the answers

    What are the four main categories of organs of the state that can potentially attribute an action to a state?

    <p>Legislative, executive, judicial, and other functions.</p> Signup and view all the answers

    Actions by individuals within a state organization, even if they are 'ultra vires,' can still be attributed to the state.

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

    What are the three main categories of 'persons or entities exercising elements of government authority' that can potentially attribute an action to a state?

    <p>Not an organ of state but empowered by the state to exercise it, Not an organ but exercises it because of absence of authority and Organs placed at the disposal of a state by another state.</p> Signup and view all the answers

    Insurrectional movements can be considered to act for a state if they reach the power.

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

    Conduct controlled or adopted by a state as its own can only be attributed to a state if the state explicitly acknowledges and adopts it.

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

    What is the definition of 'objective element' when discussing international responsibility?

    <p>The breach.</p> Signup and view all the answers

    'Endorsement' of a breach can be a consequence of a breach.

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

    What are the three main categories of a 'circumstance precluding wrongfulness,' according to international law?

    <p>Consent, countermeasures, and distress.</p> Signup and view all the answers

    Annulment of the classification of wrongdoing (not for Jus Cogens) = no wrongful nature but compensation for damages is still needed.

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

    What are the main consequences of a new juridical relation between states resulting from a wrongful act?

    <p>International responsibility: new rights + new obligations and Types of International obligations: Erga singulum, Ergsa omnes partes and Erga omnes obligations.</p> Signup and view all the answers

    What are the responsibilities of the 'responsible state' in addressing a breach in international law?

    <p>Cease the act, Guarantee of non-repetition, Reparation (hierarchy: Restitution, Compensation, Satisfaction).</p> Signup and view all the answers

    What are the responsibilities of 'other states' regarding a breach that is 'not injured'?

    <p>Non recognitions, Non assistance, Coop to end the breach by lawful measure.</p> Signup and view all the answers

    In what situations can an 'injured state' invoke the law regarding a breach of an 'Erga Omnes obligation'?

    <p>When the breached obligation is Erga Omnes to protect collective interest.</p> Signup and view all the answers

    What are the two main characteristics of an 'injured state'?

    <p>Individual state that owns the obligations, the one that suffered the harm.</p> Signup and view all the answers

    What are the two main characteristics of a 'state specially affected' by a breach in international law?

    <p>State specially affected by the breach, or The breach his such that radically change the position of all the others for further performance of the obligation.</p> Signup and view all the answers

    What are the two main categories of 'measures to pressure for compliance with new obligations,' as defined in international law?

    <p>Decentralized countermeasures and institutionalized sanctions.</p> Signup and view all the answers

    Only states can initiate 'decentralized countermeasures,' to address a breach of international law?

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

    'Institutionalized sanctions' can only be initiated by states that are members of the international organization where the sanction is taking place.

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

    International courts and tribunal are the primary method of resolving international conflicts.

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

    What is the main characteristic of third-party adjudication in the context of International Courts and Tribunals?

    <p>Loss of control.</p> Signup and view all the answers

    International courts and tribunals are only capable of addressing certain aspects of a dispute and do not have the power to provide a comprehensive solution to all aspects of a dispute.

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

    What is the main drawback of 'rigid mechanisms' in the context of international courts and tribunals?

    <p>They are expensive and do not work for all disputes.</p> Signup and view all the answers

    The ICJ is a part of the peaceful settlement mechanisms under Article VI of the UNC.

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

    The jurisdiction of the ICJ is considered to be general.

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

    The ICJ can handle disputes between states that are not members of the UN.

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

    How many judges make up the ICJ?

    <ol start="15"> <li></li> </ol> Signup and view all the answers

    Study Notes

    Week 7 - The reception of IL in domestic legal orders

    • International legal system lacks a central authority, structured horizontally
    • States are sovereign, independent, and equal subjects of international law
    • International law functions are decentralized, with states consenting to rules
    • States create international law through treaties
    • There's no global government or executive, nor a comprehensive system of law enforcement
    • International courts have limited jurisdiction, depending on states' acceptance
    • International law's application is contingent on domestic legal orders; domestic law must conform with treaties in good faith.
    • Domestic legal orders determine how treaties are adopted and implemented; administrative regulations conform to treaty obligations

    Week 8 - State responsibility for an international wrongful act

    • International responsibility includes new obligations and rights
    • Attribution to an international subject requires a wrongful act or omission
    • Domestic law isn't a factor; jus cogens and Erga Omnes norms apply
    • Determine responsibility through subjective (attribution) and objective (breach) elements
    • Attribution considers state organs, persons who exercise state powers, or organs placed at the state's disposal
    • A breach occurs when the state violates an obligation at the time of the breach
    • Consequences of a breach may include action by an injured state, non-repetition guarantees, reparations, and compensation, plus non-recognitions or sanctions,
    • Breach of Erga Omnes obligations involves broader global responses

    Week 9 - The ICJ

    • The ICJ operates as an exception and a court of last resort for international disputes
    • It features international tribunals, and third-party adjudication/loss of control
    • Multiple dispute-settling options are available, with dispute solutions based on law
    • The ICJ operates within limited contexts and has certain general features
    • Procedures follow a clear structure with the roles of states/IOs, consent to jurisdiction, and consideration for third parties

    Week 10 - Intro to Administrative Law

    • Administrative law's role in the 19th century involved maintaining order and territory protection, expanding after industrialization to provide public services and wealth redistribution,
    • Administrative authorities hold unique powers with attendant procedural and substantive requirements
    • Public administration acts within legislative frameworks

    Week 11 - Procedural Principles of Administrative Law

    • Administrative responsibilities and powers have increased, necessitating clearer procedural frameworks
    • Procedural principles outline administration's decision-making process and considerations for individual's rights
    • Substantial principles provide requirements for administrative action's legality and content
    • EU principles apply, including good administration's fundamental rights
    • Important considerations of discretionary power, transparency, reasonableness, and individual rights

    Week 12 - Substantive principles

    • Motivations for substantive principles stem from maintaining fair and just governance
    • Substantive principles address the need to hold administrators accountable and uphold governmental powers
    • The rule of law is a critical part of all administrative principles

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    Description

    This quiz explores the nuances of international law's reception in domestic legal systems and the concept of state responsibility for wrongful acts. It covers the decentralized nature of international law, state sovereignty, and the obligations arising from treaties. Test your knowledge on how these elements interact within legal orders!

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