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?

Secondary obligations depend on the breach of primary obligations. Signup and view all the answers

Which tribunal specifically handles disputes regarding maritime law?

International Tribunal for the Law of the Sea Signup and view all the answers

What characterizes a primary rule of international law?

It relates to rights and obligations between international law subjects. Signup and view all the answers

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

It must be binding at the time of the breach. Signup and view all the answers

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

Changing governmental authority Signup and view all the answers

How is the conduct required to establish international responsibility defined?

It can include either action or omission. Signup and view all the answers

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

Attribution can include acts that go beyond authority (ultra vires). Signup and view all the answers

Which exception to wrongful conduct requires armed attack?

Self-Defense Signup and view all the answers

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

The event must be controllable. Signup and view all the answers

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

To save lives without causing greater harm. Signup and view all the answers

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

Gabcikovo-Nagymaros Project Signup and view all the answers

Which condition is NOT a part of the necessity exception?

It must be recognized internationally. Signup and view all the answers

What is required for valid consent under Article 20?

It must be limited in scope. Signup and view all the answers

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

States must resolve disputes through peaceful means. Signup and view all the answers

What distinguishes mediation from good offices in dispute resolution?

Mediation involves an active role of a mediator. Signup and view all the answers

What is the primary function of inquiry in dispute settlement?

To settle disputes involving factual questions. Signup and view all the answers

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

Conciliation Signup and view all the answers

Which of the following statements is true regarding arbitration?

Arbitration is one of the oldest legal methods for resolving disputes. Signup and view all the answers

What does the principle of peaceful settlement prohibit?

The resolution of disputes through non-peaceful means. 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?

Conciliation Signup and view all the answers

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

The court must have jurisdiction over the parties. Signup and view all the answers

What does Article 94 of the UN Charter primarily emphasize?

The obligation to comply with decisions. Signup and view all the answers

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

Private Law Signup and view all the answers

What is the primary purpose of Administrative Law?

To implement and enforce constitutional frameworks. Signup and view all the answers

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

Monitoring operational compliance after issuing permits. Signup and view all the answers

What distinguishes Public Law from Private Law?

Public Law manages political power and its interactions with citizens. Signup and view all the answers

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

The legal limits imposed by law. Signup and view all the answers

What type of law includes constitutional and administrative law?

Public Law Signup and view all the answers

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

Life tenure is guaranteed except for minor infractions. Signup and view all the answers

How is promotion typically determined in public administration?

A combination of seniority and merit. Signup and view all the answers

What distinguishes European administrative law?

It ensures fairness and legality in government decision-making. Signup and view all the answers

What is a main concern addressed by global administrative law?

Ensuring decisions by global institutions are fair and accountable. Signup and view all the answers

Which area is cited as needing transgovernmental regulation?

Environmental protection. Signup and view all the answers

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

Democratic representatives' control over administrative actions. Signup and view all the answers

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

EU law is adopted and executed at the EU level. Signup and view all the answers

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

Discretionary freedom varies across different fields of law. Signup and view all the answers

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

To control administrative power and limit abuses Signup and view all the answers

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

The freedom of choice exercised by decision-makers with legal limits Signup and view all the answers

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

The right to appeal administrative decisions Signup and view all the answers

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

All legal and factual elements must be evaluated before making decisions Signup and view all the answers

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

The right to be heard Signup and view all the answers

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

It can lead to arbitrary outcomes and inconsistent decisions Signup and view all the answers

What constitutes procedural principles in administrative law?

Concerned primarily with decision-making processes Signup and view all the answers

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

Reasonable timeframes for handling affairs Signup and view all the answers

Study Notes

Week 7: Differences Between International and Domestic Legal Systems

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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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!