International vs Domestic Legal Systems
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Questions and Answers

Who selects arbitrators in the arbitration process?

  • The International Court of Justice
  • The parties involved (correct)
  • A designated government official
  • The Permanent Court of Arbitration
  • What is the main function of the International Court of Justice?

  • To adjudicate human rights complaints
  • To settle legal disputes between states (correct)
  • To enforce international trade agreements
  • To provide administrative support for arbitration
  • Which of the following is NOT a role of the International Court of Justice?

  • Settling disputes between states
  • Providing legal training for diplomats (correct)
  • Issuing advisory opinions for UN organs
  • Handling legal disputes related to maritime law
  • What is the relationship between primary and secondary international obligations?

    <p>Secondary obligations depend on the breach of primary obligations. (A)</p> Signup and view all the answers

    Which tribunal specifically handles disputes regarding maritime law?

    <p>International Tribunal for the Law of the Sea (A)</p> Signup and view all the answers

    What characterizes a primary rule of international law?

    <p>It relates to rights and obligations between international law subjects. (B)</p> Signup and view all the answers

    What must be true about a binding obligation at the time of a breach?

    <p>It must be binding at the time of the breach. (A)</p> Signup and view all the answers

    Which of the following is NOT classified as a type of breach?

    <p>Changing governmental authority (A)</p> Signup and view all the answers

    How is the conduct required to establish international responsibility defined?

    <p>It can include either action or omission. (B)</p> Signup and view all the answers

    Which of the following statements accurately reflects the nature of attribution in international law?

    <p>Attribution can include acts that go beyond authority (ultra vires). (B)</p> Signup and view all the answers

    Which exception to wrongful conduct requires armed attack?

    <p>Self-Defense (A)</p> Signup and view all the answers

    Which condition is NOT required for Force Majeure as a justification for wrongful conduct?

    <p>The event must be controllable. (C)</p> Signup and view all the answers

    In what circumstance can distress be used to justify wrongful conduct?

    <p>To save lives without causing greater harm. (A)</p> Signup and view all the answers

    What is an example of a type of breach that involves a failure to act?

    <p>Gabcikovo-Nagymaros Project (A)</p> Signup and view all the answers

    Which condition is NOT a part of the necessity exception?

    <p>It must be recognized internationally. (B)</p> Signup and view all the answers

    What is required for valid consent under Article 20?

    <p>It must be limited in scope. (B)</p> Signup and view all the answers

    What is required of states under Article 2(3) of the UN Charter regarding dispute resolution?

    <p>States must resolve disputes through peaceful means. (C)</p> Signup and view all the answers

    What distinguishes mediation from good offices in dispute resolution?

    <p>Mediation involves an active role of a mediator. (C)</p> Signup and view all the answers

    What is the primary function of inquiry in dispute settlement?

    <p>To settle disputes involving factual questions. (C)</p> Signup and view all the answers

    Which method involves a commission that proposes non-binding terms for settlement?

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

    Which of the following statements is true regarding arbitration?

    <p>Arbitration is one of the oldest legal methods for resolving disputes. (A)</p> Signup and view all the answers

    What does the principle of peaceful settlement prohibit?

    <p>The resolution of disputes through non-peaceful means. (C)</p> Signup and view all the answers

    Which of the following methods is least frequently used in dispute resolution due to its complexity and non-binding nature?

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

    What is required for a court to be able to handle both a claim and a counter-claim?

    <p>The court must have jurisdiction over the parties. (D)</p> Signup and view all the answers

    What does Article 94 of the UN Charter primarily emphasize?

    <p>The obligation to comply with decisions. (B)</p> Signup and view all the answers

    Which legal area focuses on the relationship between individuals and private entities?

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

    What is the primary purpose of Administrative Law?

    <p>To implement and enforce constitutional frameworks. (C)</p> Signup and view all the answers

    In the context of a new power plant construction, what role does the administration play?

    <p>Monitoring operational compliance after issuing permits. (D)</p> Signup and view all the answers

    What distinguishes Public Law from Private Law?

    <p>Public Law manages political power and its interactions with citizens. (A)</p> Signup and view all the answers

    Judicial review allows the courts to check what aspect of the executive branch?

    <p>The legal limits imposed by law. (B)</p> Signup and view all the answers

    What type of law includes constitutional and administrative law?

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

    What is a key feature of civil servant employment in public administration?

    <p>Life tenure is guaranteed except for minor infractions. (A)</p> Signup and view all the answers

    How is promotion typically determined in public administration?

    <p>A combination of seniority and merit. (B)</p> Signup and view all the answers

    What distinguishes European administrative law?

    <p>It ensures fairness and legality in government decision-making. (B)</p> Signup and view all the answers

    What is a main concern addressed by global administrative law?

    <p>Ensuring decisions by global institutions are fair and accountable. (A)</p> Signup and view all the answers

    Which area is cited as needing transgovernmental regulation?

    <p>Environmental protection. (B)</p> Signup and view all the answers

    What does the term 'accountability deficit' often relate to?

    <p>Democratic representatives' control over administrative actions. (B)</p> Signup and view all the answers

    What is a notable characteristic of direct administration in the EU?

    <p>EU law is adopted and executed at the EU level. (D)</p> Signup and view all the answers

    Which of the following is a general principle of administrative law?

    <p>Discretionary freedom varies across different fields of law. (A)</p> Signup and view all the answers

    What is the primary aim of the general principles of administrative law?

    <p>To control administrative power and limit abuses (B)</p> Signup and view all the answers

    Which of the following best describes discretionary power in administrative law?

    <p>The freedom of choice exercised by decision-makers with legal limits (D)</p> Signup and view all the answers

    Which of the following is NOT a recognized procedural principle at the EU level?

    <p>The right to appeal administrative decisions (B)</p> Signup and view all the answers

    What is a critical requirement of the duty of care in administrative decision-making?

    <p>All legal and factual elements must be evaluated before making decisions (A)</p> Signup and view all the answers

    According to Article 41 CFR, what right does an individual have before adverse measures are taken?

    <p>The right to be heard (A)</p> Signup and view all the answers

    What can be considered a disadvantage of discretionary power in administrative decision-making?

    <p>It can lead to arbitrary outcomes and inconsistent decisions (B)</p> Signup and view all the answers

    What constitutes procedural principles in administrative law?

    <p>Concerned primarily with decision-making processes (B)</p> Signup and view all the answers

    What does 'good administration' require under Article 41 CFR?

    <p>Reasonable timeframes for handling affairs (D)</p> Signup and view all the answers

    Flashcards

    Justiciable Disputes

    Disputes that can be resolved through the application of legal norms.

    UN Charter Article 2(3)

    Obligates states to settle international disputes by peaceful means.

    Negotiation

    Direct talks between states to resolve disputes.

    Good Offices

    A third party facilitates communication but does not negotiate.

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    Mediation

    A third party helps disputing states reach a settlement.

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    Arbitration

    An independent body decides a dispute outside court.

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    Inquiry (dispute settlement)

    Fact-finding process to establish truth in a dispute.

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    Conciliation

    Neutral body proposes a settlement but it's not binding.

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    International Obligation

    A rule of international law that subjects of international law are bound to follow.

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    International Court of Justice (ICJ)

    The main judicial organ of the United Nations, settling legal disputes between countries and providing advisory opinions.

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    Attribution (International Law)

    Determining which international subject (state, or institution) is responsible for a breach of an international obligation

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    Binding Decision

    A decision that parties must obey.

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    State Organs

    Executive, legislative, judicial or other branches of a nation-state, responsible international actions.

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    Ultra Vires Act

    An act performed beyond the authority of the actor or organ.

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    International Responsibility

    A consequence for violation of international legal obligations by a competent international subject

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    Breach of International Law

    When a state violates a binding obligation under international law.

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    Types of Breaches

    Actions, Omissions, Failure to Prevent Harm, Endorsements of Wrongful Conduct.

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    Consent (Art. 20)

    Valid agreement by one state to another's conduct, justifying the action.

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    Self-Defense (Art. 21)

    A state's right to use force against an armed attack, adhering to necessity, immediacy, and proportionality.

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    Countermeasures (Arts. 22, 49-54)

    Non-punitive actions taken by an injured state in response to another state's breach of obligations.

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    Force Majeure (Art. 23)

    Uncontrollable events that excuse a state from fulfilling an obligation.

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    Distress (Art. 24)

    Actions taken to save lives in extreme situations, without causing greater harm.

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    Necessity (Art. 25)

    Justifies a state's action to safeguard an essential interest under extremely strict conditions.

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    Discretionary Power

    Decision-makers have freedom of choice, but must exercise it responsibly, without arbitrariness, and in the public interest while respecting private interests.

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    Advantages of Discretionary Power

    Flexibility in decision-making and effective implementation of government policies.

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    Disadvantages of Discretionary Power

    Risk of misuse, potential inconsistency, and arbitrary outcomes.

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    Procedural Principles

    Focus on decision-making processes, emphasizing fairness and individual consideration.

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    Substantive Principles

    Focus on the content and validity of administrative decisions.

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    Good Administration

    A recognized general principle of EU law and fundamental right, ensuring impartiality, fairness, and timeliness in handling individual matters.

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    Duty of Care

    Administrations must evaluate all legal and factual elements before making decisions, prohibiting arbitrary action, unfair treatment, and conflicts of interest.

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    Fair Hearing

    Individuals must be heard before adverse decisions, ensuring access to relevant files for preparation.

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    Civil Servant Employment

    A type of employment within the government, often characterized by legal guarantees, merit-based recruitment, and standardized pay scales.

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    Public Management Reforms

    Changes in the public sector aimed at making employment terms more flexible and performance-driven, often aligning with the principles of private enterprise.

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    Comparative Administrative Law

    The study and comparison of administrative law systems across different countries, recognizing the unique features and commonalities of different legal approaches.

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    Direct EU Administration

    EU law is both adopted and implemented at the EU level, with direct authority over certain areas.

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    Indirect EU Administration

    EU law is implemented through national administrations, with national authorities responsible for its execution.

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    Global Administrative Law

    Rules and practices governing how international organizations and global institutions make decisions, ensuring fairness, transparency, and accountability in a globalized world.

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    Transgovernmental Regulation

    International administrative cooperation and coordination between different governments to address shared issues.

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    Accountability Deficit

    A lack of sufficient political control by democratically elected representatives over administrative actions, potentially leading to a disconnect from public scrutiny.

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    Precedents in International Law

    Previous decisions by the Court, which are used as guidelines for future cases. The Court will not depart from its previous decisions unless there are strong reasons.

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    Obligation to Comply (UN Charter Art. 94)

    States have a legal duty to comply with decisions by the International Court of Justice (ICJ). The UN Security Council can enforce compliance if needed.

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    Implementation of ICJ Decisions

    Putting ICJ decisions into practice often requires further actions, such as drawing borders, negotiating reparations, or agreeing on enforcement measures. The willingness of the parties involved plays a key role.

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    Public Law

    Governs the structure of government, its powers, and its relationship with citizens. Examples include constitutional law and administrative law.

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    Private Law

    Deals with interactions between individuals and private organizations, like contracts, property rights, and family matters.

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    Administrative Law

    Ensures the government follows the rules when it makes decisions and takes actions. It's like a rulebook for the bureaucracy.

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    Trias Politica

    The division of government powers into three branches: legislature (makes laws), executive (implements laws), and judiciary (interprets laws). Each branch has its distinct role.

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    Judicial Review

    The role of the courts in ensuring that the executive branch stays within the limits set by the law. Courts can review government decisions and actions.

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    Study Notes

    • International law lacks a central authority like domestic systems
    • States are the main subjects of international law, sovereign and equal
    • International law functions are decentralized, rules created through treaties or customary law formation
    • No global government or law enforcement exists. Enforcement powers limited
    • No system of courts with compulsory jurisdiction; states must consent
    • Monism treats international and domestic law as one system, with international law superior to domestic law. International law directly applicable
    • Dualism views international and domestic law as separate systems. International law transformed into national law for application
    • Self-executing norms in treaties are directly applied by domestic courts
    • Non-self-executing norms need additional national laws for application

    Week 7: Monism vs. Dualism

    • Monism: Single legal system, international law superior to domestic law, direct application
    • Dualism: Separate legal systems, international law transformed into domestic law

    Week 7: Application of International Law in Domestic Systems

    • Self-executing norms: provisions in treaties directly applicable by domestic courts
    • Non-self-executing norms: require additional national laws for application

    Week 7: Compliance and Enforcement

    • Enforcement mechanisms, dispute settlement processes involve individual states, international organizations to enforce international law
    • Decentralized and institutionalized enforcement mechanisms, coercive and non-coercive enforcement measures

    Week 7: The United Nations and Peaceful Settlement of Disputes

    • UN Charter obligates states to settle international disputes peacefully
    • Chapter VI outlines methods for peaceful settlement of disputes (negotiation, mediation, arbitration, judicial settlement)
    • Articles 33-38 detail UN's efforts in promoting peaceful dispute resolution
    • Chapter VIII addresses regional arrangements and agencies in conflict resolution
    • Pacific Settlement of Disputes supports the principle of peaceful settlement

    Week 8: General Scheme

    • Primary rule: International obligation violated by a subject of international law. Sources include Treaties, Customary International Law, General Principles of Law, Resolutions, Unilateral Acts
    • Secondary nature: Depends on primary obligation breach; must include relevant conduct and attribution to an international subject, responsibility determination independent of domestic law. Special regulation for lus cogens norms and erga omnes obligations

    Week 8: How to Determine Responsibility

    • Subjective element: Attribution of acts/omissions to organs of state (legislative, executive, judicial, etc.) or those exercising governmental power, even if ultra vires, and even organs placed at the disposal of a state by another state; including insurrectional movements
    • Objective element: Breach of binding obligation at the time of the breach

    Week 8: Circumstances Precluding Wrongfulness

    • Consent (limited scope, e.g., Corfu Channel, Nicaragua v USA)
    • Self-Defense (armed attack, necessity, immediacy, proportionality)
    • Countermeasures (non-punitive measures taken by the injured state)
    • Force Majeure (uncontrollable events, provided not caused by state)
    • Distress (acts to save lives, without causing greater harm)
    • Necessity (safeguarding essential interest with strict conditions)

    Week 8: Consequences of International Responsibility

    • New juridical relation
    • Breach of obligation (singular or collective, erga omnes)
    • Invocation of responsibility (injured states, and other states for erga omnes).

    Week 8: Measures for Compliance

    • Decentralized measures: Countermeasures (proportional, reversible)
    • Institutionalized sanctions: Require proper structures

    Week 9: International Courts and Tribunals

    • Part of the peaceful settlement mechanisms
    • Only inter-state tribunal with general jurisdiction
    • Great influence on clarification and development of public international law.

    Week 9: Organization

    • 15 Judges elected by General Assembly and Security Council. Up to 2 Judges ad hoc
    • Representative of "main forms of civilization and principal legal systems"
    • 9-year terms, with re-election possible. President and Vice-President for 3 years

    Week 9: Procedure

    • United Nations Charter, Statute of the court, Rules of court, Resolution, Practice Directions

    Week 9: ICJ Jurisdiction and Admissibility

    • International conventions, international custom, general principles of law, subsidiary means

    Week 10: Instruments and Powers at the Disposal of Public Administration

    • Administration services public interest
    • Legistlature empowers administrative bodies
    • How the administration effectively employs policies (judicial acts, factual acts).

    Week 10: Public Law vs Private Law

    • Public law manages political power, structural organization, and interactions with citizens
    • Private law governs relationships amongst individuals, entities and covers areas like contracts, property and family matters

    Week 11: General Principles of Administrative Law

    • Scope and competence of administrative tasks have expanded and granted greater discretionary freedoms
    • Considerations include compliance with rules, respecting fundamental rights and adherence to general principles of administrative law from a procedural and substantive perspective
    • These principles aim to control administrative power, limit abuses and provide safeguards

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    PIL Test Moment 2-2 PDF

    Description

    Explore the key differences between international and domestic legal systems in this Week 7 quiz. Understand concepts such as monism and dualism, the lack of a central authority in international law, and the application of treaties. Test your knowledge on these fundamental legal principles!

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