International Organizations and Law Overview

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Questions and Answers

What type of treaty gives rise to international organizations?

Multilateral treaty

Constitutive treaty (correct)

Bilateral treaty

Regulatory treaty

Are international organizations independent from States?

Yes, they have their own legal personality (correct)

Only in specific circumstances

Yes, but only for specific actions

No, they entirely depend on member states

Who was Bernadotte?

An international law scholar

A UN officer in Palestine (correct)

The UK ambassador in 1948

A Swedish diplomat

In what scope are private persons subjected to international law?

Only in international criminal law Signup and view all the answers

To whom does WTO law primarily apply?

States as legal persons Signup and view all the answers

What is the first source of law according to public international law?

Customary law Signup and view all the answers

What criteria are necessary for establishing customary law?

Diuturnitas and opinio juris Signup and view all the answers

Is the prohibition of torture considered a customary rule?

Yes, universally accepted Signup and view all the answers

What is the significance of the Costa vs Enel case?

First case that affirmed the supremacy of EU law over domestic law. Signup and view all the answers

What does the principle of Supremacy entail in relation to EU law?

EU law takes precedence over conflicting domestic law. Signup and view all the answers

According to Article 117 of the Italian Constitution, how does EU law relate to domestic law?

EU law prevails over ordinary Italian law. Signup and view all the answers

What was the outcome of the Simmenthal case regarding conflicting domestic law?

Conflicting domestic legislation must be set aside immediately. Signup and view all the answers

What does the term Direct Effect refer to in the context of EU law?

Certain EU rules can be invoked in domestic courts directly by individuals. Signup and view all the answers

What was the primary issue in the Van Gend and Loos case?

The imposition of custom duties by the Netherlands. Signup and view all the answers

What does the Solange case signify about the relationship between EU law and domestic constitutional principles?

EU law can be set aside if it conflicts with fundamental domestic principles. Signup and view all the answers

Which statement is true regarding the implementation of EU legislation by member states?

EU legislation must be integrated into the domestic legal systems of member states. Signup and view all the answers

What is the primary goal of the GATT and WTO?

To abolish discrimination within member states Signup and view all the answers

What does the Most Favoured Nation principle prohibit?

Discrimination between foreign products of different countries Signup and view all the answers

According to the National Treatment Principle, what must member states avoid?

Applying internal charges disproportionate to like domestic products Signup and view all the answers

What types of measures are relevant under Article 3 regarding taxation?

Internal charges exceeding those on domestic products Signup and view all the answers

What distinguishes taxation from regulation as per the National Treatment Principle?

Regulation involves product characteristics and safety Signup and view all the answers

How should internal taxes on imported goods compare to those on domestic products?

They must not exceed those applied to like domestic products Signup and view all the answers

What negative consequence can arise from concluding cooperation agreements with select developing countries?

It can cause harm to other developing countries Signup and view all the answers

Which aspect does not relate to the application of the National Treatment Principle?

Ensuring safety regulations for domestic products only Signup and view all the answers

What is the primary location where value is added to a jewel?

In France during the branding process Signup and view all the answers

What does a change in tariff classification imply?

Moving from a raw material to a finished product Signup and view all the answers

Where does the state of origin apply when importing orange juice?

Where the oranges are produced Signup and view all the answers

What must be consulted to establish lawful additional charges for imported goods?

The good schedule of each state Signup and view all the answers

Which of the following is an exemption to the obligations of the GATT?

Internal taxes Signup and view all the answers

What is the nature of anti-dumping practices according to the content?

Selling products below domestic price in foreign markets Signup and view all the answers

What is the MFN principle in relation to export tariffs?

Requires non-discriminatory treatment among trading partners Signup and view all the answers

Which of the following can be considered a charge in relation to imported goods?

Transportation costs Signup and view all the answers

What does Article 24 of the GATT primarily concern?

Regional exceptions for trade agreements Signup and view all the answers

Which year was the enabling clause that recognized preferential treatment for developing countries established?

1969 Signup and view all the answers

What was one of the major changes in global politics during the 1960-70s?

Independence of various previously colonized states Signup and view all the answers

What are the three forms of cooperation allowed under Article 24 of the GATT?

Custom union, free trade area, and interim agreements Signup and view all the answers

What must regional and preferential agreements not do according to the understanding of Article 24?

Discriminate against non-member states Signup and view all the answers

What is the key characteristic of a custom union as defined in Article 24?

All internal duties are abolished among members Signup and view all the answers

Which of the following is NOT a goal of regional cooperation outlined in the GATT?

Promote economic development in non-member states Signup and view all the answers

Which statement best describes the enabling clause?

It legally allows preferential trade agreements with developing countries. Signup and view all the answers

Study Notes

International Organizations and State Dependency

International organizations stemmed from constitutive treaties crafted by States.
Organizations are independent entities with legal personality despite their treaty origins.
Their resolutions carry binding effects and authority.

Bernadotte Case

In 1948, UN officer Folke Bernadotte was assassinated in Palestine.
UN sought information from the UK, which refused to recognize its legitimacy.
Historical context underscores challenges to UN authority in territorial conflicts.

McCarthy Period

During the McCarthy era, accusations arose regarding spying among UN officers.
The UN objected to US attempts to arrest these officers, asserting their immunity under international law.

Individuals and International Law

Private persons are subject to international law, primarily in international criminal law.
Cases like that of Milosevic illustrate accountability for serious offenses (genocide, torture).
Private companies are not directly subject to international law but can be through state actions.

WTO Law Applicability

WTO law applies primarily to member States, although private individuals are indirectly affected.
Recognition of limited influence for small companies in seeking relief under WTO law.

Sources of International Law

Customary law is a principal source, comprising unwritten rules established through consistent state behavior and belief in obligation (diuturnitas and opinio juris).
Binding nature extends to states that did not exist at law’s inception.

Prohibition of Torture

Torture is recognized as a customary international law norm when consistently banned worldwide.

EU Law Supremacy

EU law holds supremacy over member states' domestic laws.
Costa vs Enel (1964) established EU law's binding nature on domestic legislation.
Italian Constitutional Court acknowledges EU law's precedence over ordinary law under Article 117.

Simmenthal Case

Italian legislation on cattle import checks conflicted with EU law, leading to ECJ ruling nullifying conflicting domestic laws.
Solidified concept of immediate non-application of conflicting domestic norms in favor of EU law.

Direct Effect of EU Law

EU laws impose obligations that member states must adhere to.
The Van Gend and Loos case highlighted breach of EU rules regarding customs duties.

GATT and WTO Principles

GATT’s primary aims include eliminating discrimination among member states.
Most Favored Nation principle prohibits differential treatment of foreign products.
National Treatment Principle mandates equal tax and regulatory treatment for foreign and domestic products.

National Treatment Details

Internal taxes on imported goods must not exceed those levied on like domestic products.
Differentiation exists between taxation measures and regulations concerning product characteristics.

Additional Charges

GATT Article II(B) allows certain extra charges on products provided they align with existing schedules and do not exceed lawful limits.

Exemptions under GATT

Internal taxes, anti-dumping measures, and service costs can deviate from GATT obligations.

Export Tariffs and Cooperation

Export tariffs must adhere to MFN principles but regional cooperations are permitted under Article 24 of GATT.
Article 24 supports regional trade agreements but prohibits barriers to non-member states.

Custom Unions and Free Trade Areas

Defined within Article 24, both customs unions and free trade areas must comply with specific conditions ensuring minimal internal duties and maximized economic cooperation.

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Description

Explore the intricate relationship between international organizations and state dependencies, including resolution binding effects and authority. Delve into historical cases like the Bernadotte assassination and the McCarthy period's impact on UN officers. Understand the role of individuals in international law through examples of accountability for serious crimes.