Podcast
Questions and Answers
What type of treaty gives rise to international organizations?
What type of treaty gives rise to international organizations?
- Multilateral treaty
- Constitutive treaty (correct)
- Bilateral treaty
- Regulatory treaty
Are international organizations independent from States?
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?
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?
In what scope are private persons subjected to international law?
To whom does WTO law primarily apply?
To whom does WTO law primarily apply?
What is the first source of law according to public international law?
What is the first source of law according to public international law?
What criteria are necessary for establishing customary law?
What criteria are necessary for establishing customary law?
Is the prohibition of torture considered a customary rule?
Is the prohibition of torture considered a customary rule?
What is the significance of the Costa vs Enel case?
What is the significance of the Costa vs Enel case?
What does the principle of Supremacy entail in relation to EU law?
What does the principle of Supremacy entail in relation to EU law?
According to Article 117 of the Italian Constitution, how does EU law relate to domestic law?
According to Article 117 of the Italian Constitution, how does EU law relate to domestic law?
What was the outcome of the Simmenthal case regarding conflicting domestic law?
What was the outcome of the Simmenthal case regarding conflicting domestic law?
What does the term Direct Effect refer to in the context of EU law?
What does the term Direct Effect refer to in the context of EU law?
What was the primary issue in the Van Gend and Loos case?
What was the primary issue in the Van Gend and Loos case?
What does the Solange case signify about the relationship between EU law and domestic constitutional principles?
What does the Solange case signify about the relationship between EU law and domestic constitutional principles?
Which statement is true regarding the implementation of EU legislation by member states?
Which statement is true regarding the implementation of EU legislation by member states?
What is the primary goal of the GATT and WTO?
What is the primary goal of the GATT and WTO?
What does the Most Favoured Nation principle prohibit?
What does the Most Favoured Nation principle prohibit?
According to the National Treatment Principle, what must member states avoid?
According to the National Treatment Principle, what must member states avoid?
What types of measures are relevant under Article 3 regarding taxation?
What types of measures are relevant under Article 3 regarding taxation?
What distinguishes taxation from regulation as per the National Treatment Principle?
What distinguishes taxation from regulation as per the National Treatment Principle?
How should internal taxes on imported goods compare to those on domestic products?
How should internal taxes on imported goods compare to those on domestic products?
What negative consequence can arise from concluding cooperation agreements with select developing countries?
What negative consequence can arise from concluding cooperation agreements with select developing countries?
Which aspect does not relate to the application of the National Treatment Principle?
Which aspect does not relate to the application of the National Treatment Principle?
What is the primary location where value is added to a jewel?
What is the primary location where value is added to a jewel?
What does a change in tariff classification imply?
What does a change in tariff classification imply?
Where does the state of origin apply when importing orange juice?
Where does the state of origin apply when importing orange juice?
What must be consulted to establish lawful additional charges for imported goods?
What must be consulted to establish lawful additional charges for imported goods?
Which of the following is an exemption to the obligations of the GATT?
Which of the following is an exemption to the obligations of the GATT?
What is the nature of anti-dumping practices according to the content?
What is the nature of anti-dumping practices according to the content?
What is the MFN principle in relation to export tariffs?
What is the MFN principle in relation to export tariffs?
Which of the following can be considered a charge in relation to imported goods?
Which of the following can be considered a charge in relation to imported goods?
What does Article 24 of the GATT primarily concern?
What does Article 24 of the GATT primarily concern?
Which year was the enabling clause that recognized preferential treatment for developing countries established?
Which year was the enabling clause that recognized preferential treatment for developing countries established?
What was one of the major changes in global politics during the 1960-70s?
What was one of the major changes in global politics during the 1960-70s?
What are the three forms of cooperation allowed under Article 24 of the GATT?
What are the three forms of cooperation allowed under Article 24 of the GATT?
What must regional and preferential agreements not do according to the understanding of Article 24?
What must regional and preferential agreements not do according to the understanding of Article 24?
What is the key characteristic of a custom union as defined in Article 24?
What is the key characteristic of a custom union as defined in Article 24?
Which of the following is NOT a goal of regional cooperation outlined in the GATT?
Which of the following is NOT a goal of regional cooperation outlined in the GATT?
Which statement best describes the enabling clause?
Which statement best describes the enabling clause?
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.
