International Law: Sources and Principles

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is one of the primary functions of the Court as described?

To oversee the conduct of military operations.

To enforce national laws among member states.

To decide disputes based on international law submitted to it. (correct)

To create new international conventions.

Which of the following is NOT applied by the Court in determining rules of law?

Decisions from national courts. (correct)

International custom recognized by states.

Judicial decisions and teachings of highly qualified publicists.

General principles of law acknowledged by civilized nations.

What term describes the set of fundamental values of the International Community, such as the prohibition of force?

Jus cogens. (correct)

Basic rights.

Voluntary norms.

Customary practices.

Which components are fundamental for establishing international custom?

Uniform behavior and belief in its obligatory nature. Signup and view all the answers

What does the term 'diuturnitas' refer to in the context of customary international law?

A repetitive and consistent behavior by states. Signup and view all the answers

What principle is illustrated by the status of diplomatic protection of citizens?

Sovereign equality of states. Signup and view all the answers

How do general international law rules affect the interactions of states?

They protect individual interests of all states. Signup and view all the answers

Which of these is an example of a structural principle in international law?

Immunity of states from foreign jurisdiction. Signup and view all the answers

What distinguishes international law from international relations?

International law is more specific than international relations. Signup and view all the answers

Which of the following is NOT one of the qualifications a state must possess according to the Montevideo Convention?

International alliances Signup and view all the answers

What is the significance of the Treaty of Westphalia in the context of modern states?

It marked the beginning of sovereign states as identities. Signup and view all the answers

What are the three main functions a good legal order must perform?

Law-making, law determination, and law enforcement. Signup and view all the answers

What sources do inter-governmental international organizations produce?

Functional directives and resolutions. Signup and view all the answers

How does international law relate to national legal systems?

International law must be integrated into national legal systems. Signup and view all the answers

Which of the following points reflects a characteristic of states as basic subjects of international law?

They must have a capacity to maintain international relations. Signup and view all the answers

What does the phrase 'Ubi societas ibi jus' imply about the relationship between society and law?

Where there is a society, there are laws. Signup and view all the answers

What does the principle 'Nemo Iudex in Re Sua' signify in legal proceedings?

Judges must decide cases impartially. Signup and view all the answers

In which context are general principles of law most frequently applied?

International administrative law and criminal law. Signup and view all the answers

What is the meaning of the principle 'Inadimplenti Non Est Adimplendum'?

A party that fails to fulfill obligations cannot demand performance from others. Signup and view all the answers

Which statement best describes 'soft law'?

It consists of non-binding resolutions and recommendations. Signup and view all the answers

How does the UN Universal Declaration of Human Rights (UDHR) influence international law?

It has influenced the development of binding norms and customary law. Signup and view all the answers

What does the phrase 'pacta sunt servanda' imply in international law?

All agreements must be fulfilled as per the agreement. Signup and view all the answers

Which of the following best defines the concept of subsidiary sources in international law?

Resources used only when primary sources are lacking. Signup and view all the answers

Why is repetition of soft law resolutions not considered to change their nature?

Even repeated, they remain non-binding. Signup and view all the answers

Study Notes

Subsidiary Sources of International Law

General principles of law recognized by civilized nations are a subsidiary source of international law, meaning they are referenced when no applicable treaty or customary international law exists.
These principles are derived from Article 38.3 of the Statute of the Permanent Court of International Justice (PCIJ).
Examples of general principles:
- Nemo Iudex in Re Sua: "no one should be a judge in their own case," emphasizing impartiality and fairness in legal proceedings.
- Inadimplenti Non Est Adimplendum: "a party that fails to perform its obligations cannot demand performance from the other party," highlighting fairness in contractual obligations.

Soft Law

Not legally binding resolutions adopted by international organizations.
Often labeled as recommendations or declarations of principles.
The UN Universal Declaration of Human Rights (1948) is an important example, despite not being legally binding, it influences subsequent international treaties and customary law.

Sources of International Law

International conventions: Treaties or agreements between states, establishing rules expressly recognized by the participating nations.
International custom: Evidence of a general practice accepted as law, requiring both uniform state behavior (diuturnitas) and belief in its obligatory nature (opinio juris).
General principles of law: Fundamental principles recognized by most legal systems worldwide.
Judicial decisions: Decisions of international courts and tribunals as subsidiary means of determining rules of law.
Teachings of highly qualified publicists: Works of prominent international law scholars used as a subsidiary source.

General International Law Rules

Although unwritten and few in number, they are essential for the international legal order.
Examples include:
- Structural principles: Rules stemming from sovereign equality of states (like state immunity) and principles like "consuetudo est servanda" (custom must be observed) and "pacta sunt servanda" (agreements must be kept).
- Rules protecting individual state interests: Diplomatic protection of citizens or rules for coastal states.
- Jus cogens: Fundamental values of the international community (prohibition of the use of force, prohibition of gross human rights violations, and protecting the right to self-determination).

Customary International Law

Established through state practice and belief in its obligatory nature (opinio juris).
Diuturnitas: Requires consistent and repeated behavior by a majority of states.

International Law vs. International Relations

International law is the legal system governing relations between states and international organizations.
International relations are the political interactions between states.
While distinct, they are interconnected.
International law is crucial for stability and order in international relations.

Subjects of International Law

States:
- The fundamental subjects of international law.
- Defined by the Montevideo Convention (1933): a permanent population, defined territory, government, and capacity to enter into relations with other states.
- Originated with the Treaty of Westphalia in 1648, establishing the modern concept of sovereign states.
Inter-governmental international organizations:
- Functional subjects of international law.
- They do not have a territory or population.
- They produce specific sources of international law.

Functions of International Law

Law-making: The creation of new rules.
Law determination: Applying rules to specific cases.
Law enforcement: Ensuring compliance with international legal norms.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Explore the subsidiary sources of international law, such as general principles recognized by civilized nations and their implications in legal contexts. This quiz also covers the concept of soft law, including influential declarations like the UN Universal Declaration of Human Rights. Test your understanding of these vital aspects of international law!