International vs Domestic Legal Systems
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Questions and Answers

What characterizes self-executing norms in international law?

  • They can be directly applied by domestic courts. (correct)
  • They are always broader obligations.
  • They cannot guarantee individual rights.
  • They require legislative action for implementation.

Which of the following is an example of a non-self-executing norm?

  • A treaty provision that allows direct application of judicial review.
  • An environmental treaty requiring legislative actions. (correct)
  • A human rights treaty with specific guarantees.
  • A convention outlining sufficient details for enforcement.

What is a characteristic of decentralized mechanisms in international law compliance?

  • They involve state responsibility rules and countermeasures. (correct)
  • They rely heavily on central authority for enforcement.
  • They are only applicable to disputes concerning trade.
  • They do not allow for the use of self-help measures.

Which principle emphasizes the sincerity in fulfilling obligations under international law?

<p>Good Faith (C)</p> Signup and view all the answers

What limitation affects compliance with international law?

<p>Dependence on state consent for binding dispute resolutions. (D)</p> Signup and view all the answers

What distinguishes dualist systems from monist systems in terms of international law?

<p>Dualist systems necessitate formal legislation for incorporation. (A)</p> Signup and view all the answers

Which of the following correctly describes a self-help measure in international law?

<p>It can include proportional use of force in self-defense. (C)</p> Signup and view all the answers

What role do institutional mechanisms play in ensuring compliance with international law?

<p>They provide dispute resolution through courts and arbitration. (B)</p> Signup and view all the answers

What is a significant feature of the jurisdiction of the International Court of Justice (ICJ)?

<p>It depends on State consent for its jurisdiction. (A)</p> Signup and view all the answers

Which of the following accurately describes advisory opinions of the ICJ?

<p>They are non-binding and provide legal advice on international law. (C)</p> Signup and view all the answers

What is one major challenge faced by the ICJ in enforcing its judgments?

<p>It relies on voluntary compliance from States. (C)</p> Signup and view all the answers

What historical period marked the expansion of administrative law to include community services?

<p>Post-Industrial Revolution (D)</p> Signup and view all the answers

What is one of the core components of administrative law regarding administrative authorities?

<p>They must derive their powers from legislation. (A)</p> Signup and view all the answers

Which principle is fundamental to procedural rules in administrative law?

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

The Legal Consequences of the Wall Advisory Opinion influenced which aspect of international law?

<p>Self-determination and occupation law (A)</p> Signup and view all the answers

What is a key characteristic of monism in relation to international law?

<p>International law is viewed as part of a unified legal system. (C)</p> Signup and view all the answers

The Bosnian Genocide Case primarily addressed obligations under which convention?

<p>The Genocide Convention (C)</p> Signup and view all the answers

Which statement best describes the principle of 'pacta sunt servanda' as referenced in the Vienna Convention on the Law of Treaties?

<p>Treaties are binding and must be performed in good faith by the parties. (C)</p> Signup and view all the answers

In a dualist system, what is a requirement for international law to be applicable domestically?

<p>It must undergo incorporation or transformation into domestic law. (A)</p> Signup and view all the answers

What does the term 'sovereign authority' refer to in the context of international law?

<p>The independent power of states to govern themselves without external interference. (B)</p> Signup and view all the answers

Which of the following is a major difference between international and domestic legal systems?

<p>Domestic legal systems possess a court system with compulsory jurisdiction. (C)</p> Signup and view all the answers

How does the International Court of Justice (ICJ) obtain jurisdiction?

<p>By state consent. (C)</p> Signup and view all the answers

According to the theories of international law, what does dualism emphasize?

<p>The distinct nature of domestic and international legal systems. (C)</p> Signup and view all the answers

What is the significance of Article 27 of the Vienna Convention on the Law of Treaties?

<p>It prohibits states from citing domestic law as a defense for not honoring treaties. (C)</p> Signup and view all the answers

What are the essential elements that trigger state responsibility?

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

Which of the following best describes the three types of reparation mechanisms?

<p>Restitution restores property, compensation provides financial support, and satisfaction offers acknowledgment. (C)</p> Signup and view all the answers

Who are the parties that can initiate cases at the International Court of Justice (ICJ)?

<p>Only member states of the UN (C)</p> Signup and view all the answers

What is one significant characteristic of the advisory opinions provided by the ICJ?

<p>They address legal questions referred by authorized UN bodies. (C)</p> Signup and view all the answers

What is the term length for judges elected to the ICJ?

<p>9 years (D)</p> Signup and view all the answers

Which type of law can the ICJ adjudicate based on jurisdiction ratione materiae?

<p>Customary international law and treaties (D)</p> Signup and view all the answers

What can happen if a state does not have representation on the ICJ bench?

<p>The state can appoint ad hoc judges (B)</p> Signup and view all the answers

What must exist for a case to be heard as a contentious matter by the ICJ?

<p>An existing dispute between states (C)</p> Signup and view all the answers

What is the purpose of the Optional Clause (Article 36(2)) in relation to the ICJ?

<p>To allow States to accept ICJ jurisdiction in advance for specific types of disputes. (D)</p> Signup and view all the answers

Which of the following describes a Compromissory Clause?

<p>Clauses in treaties that refer disputes to the ICJ. (B)</p> Signup and view all the answers

What is the significance of the Monetary Gold Principle?

<p>It establishes that the ICJ cannot decide cases requiring rulings on third states' legal rights. (C)</p> Signup and view all the answers

In what stage do States present arguments before the ICJ?

<p>Oral Proceedings (A)</p> Signup and view all the answers

What is a key limitation of the ICJ's advisory opinions?

<p>They are non-binding and lack legal enforcement mechanisms. (B)</p> Signup and view all the answers

What do contentious case judgments of the ICJ bind?

<p>Only the parties to the case. (B)</p> Signup and view all the answers

What is required for a State to successfully utilize the ICJ?

<p>State consent to the jurisdiction of the ICJ. (C)</p> Signup and view all the answers

Which case established the limits on the jurisdiction of the ICJ concerning third States?

<p>Monetary Gold Case (1954). (A)</p> Signup and view all the answers

What is the purpose of International Humanitarian Law (IHL)?

<p>To protect individuals during armed conflict. (D)</p> Signup and view all the answers

Which instrument is considered non-binding but foundational in human rights law?

<p>Universal Declaration of Human Rights (UDHR). (A)</p> Signup and view all the answers

Which of the following is a key instrument of International Criminal Law?

<p>International Criminal Court (ICC). (C)</p> Signup and view all the answers

What principle states that certain rights are universally binding and cannot be violated?

<p>Prohibition of Jus Cogens Violations. (C)</p> Signup and view all the answers

Which of the following regional frameworks protects human rights?

<p>African Charter on Human and Peoples' Rights. (C)</p> Signup and view all the answers

What does the term 'Customary International Law' refer to?

<p>Norms that are recognized as binding on all states. (C)</p> Signup and view all the answers

What is the main function of the Universal Periodic Review (UPR)?

<p>To review human rights records of all UN member states. (C)</p> Signup and view all the answers

Which of the following rights is considered a non-derogable right?

<p>Prohibition of torture. (B)</p> Signup and view all the answers

Flashcards

International Law vs. Domestic Law

International law governs relations between states, while domestic law governs within a single country.

Monism

International and domestic law are part of one unified system, with international law superior.

Dualism

International and domestic law are separate systems. International law needs to be adopted into domestic law to be effective.

Pacta Sunt Servanda

Agreements must be kept in good faith.

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Vienna Convention on the Law of Treaties (VCLT)

A key treaty that defines rules for international agreements.

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Transformation

Process of adopting international law into domestic law.

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Supremacy of International Law

In monist systems, international law takes precedence over domestic rules.

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Domestic Implementation Approaches

Different countries have varying ways to implement international laws into their own systems.

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Dualist Systems

International law requires formal incorporation into domestic law for enforcement.

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Self-Executing Norms

International law provisions directly applicable by domestic courts due to precision.

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Non-Self-Executing Norms

International law provisions needing transformation into national law for enforcement.

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State Sovereignty

States have the ultimate authority to decide on complying with international law.

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Good Faith (VCLT)

International obligations must be fulfilled honestly and sincerely.

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Enforcement Mechanisms(Decentralized)

Methods of ensuring compliance without a central international authority.State responsibility and countermeasures are examples.

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Dispute Resolution (Legal)

Methods like arbitration and the International Court of Justice for settling international disputes.

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Compliance Challenges

Difficulties in enforcing international law due to issues like a lack of central authority and dependence on state agreement.

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Special Agreement

States agree to submit a specific dispute to the International Court of Justice (ICJ) for resolution.

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Compromissory Clauses

Clauses found in treaties that refer disputes to the ICJ for resolution.

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Optional Clause

States can declare in advance their acceptance of the ICJ's jurisdiction for certain types of disputes.

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Forum Prorogatum

Implied consent to the ICJ's jurisdiction when a state responds to proceedings without objecting to the court's authority.

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Monetary Gold Principle

The ICJ cannot rule on a case if it involves the legal rights or obligations of a third state not involved in the dispute.

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Application Stage

The applicant state formally submits a written application to the ICJ, outlining the jurisdiction, legal grounds, and remedies sought.

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Advisory Opinions

Non-binding legal opinions provided by the ICJ at the request of UN organs or specialized agencies.

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Enforcement of ICJ Decisions

Although contentious case judgments are binding on the parties, the ICJ has no enforcement mechanisms. Compliance is voluntary or relies on the UN Security Council.

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State Responsibility

A state can be held accountable for violating international law, triggered by a breach of an obligation and attribution to the state.

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Attribution

The act of connecting a specific action to a state, meaning the action can be attributed to the state, leading to responsibility.

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Breach of International Obligations

A state violates an international law or treaty, causing a breach.

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Jus Cogens

A supreme international law that cannot be violated by states. Breaching jus cogens carries a higher level of responsibility.

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Circumstances Precluding Wrongfulness

Specific circumstances that can justify a state's actions that would otherwise be a breach of international law, but still require compensation.

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Reparation

Measures taken to address the consequences of a state's wrongful act, aiming to compensate for harm caused by the breach of international law.

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Restitution

Part of reparation, aiming to restore the victim's situation to what it was before the wrongful act.

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Compensation

Part of reparation, intended to cover financial losses or damage caused by the breach of international law.

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UDHR

The Universal Declaration of Human Rights (1948) is a foundational document that sets out basic human rights for all. It's non-binding, meaning it doesn't directly create legal obligations, but it serves as a global standard and inspiration for human rights laws.

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ICCPR

The International Covenant on Civil and Political Rights (ICCPR) is a legally binding treaty that protects individual rights such as freedom of speech, religion, and assembly.

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ICESCR

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a legally binding treaty that protects economic, social, and cultural rights, such as the right to work, education, and healthcare.

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ECHR

The European Convention on Human Rights (ECHR) is a human rights treaty that protects the basic rights and freedoms of people in Europe. It's enforced by the European Court of Human Rights.

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Geneva Conventions

The Geneva Conventions are a set of international treaties that protect people who are not participating in hostilities during wartime - like civilians, wounded soldiers, and prisoners of war.

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ICC

The International Criminal Court (ICC) is a court that tries individuals for the most serious crimes of international concern: genocide, crimes against humanity, war crimes, and the crime of aggression.

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Refugee Convention

The 1951 Refugee Convention and its 1967 Protocol protect people who flee their countries due to persecution. It outlines the rights and obligations of refugee individuals and states.

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Customary International Law

Some rights are universally recognized as binding on all states, even without specific treaties. This is called customary international law. Examples include the prohibition of torture and slavery.

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ICJ's Role

The International Court of Justice (ICJ) serves as the principal judicial organ of the United Nations, handling both contentious cases between states and advisory opinions on legal issues.

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ICJ Jurisdiction

The ICJ's jurisdiction is based on the consent of states involved in a dispute. This means states must agree to submit their case to the court. The ICJ applies international law, including treaties, customary law, and general principles of law.

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ICJ Procedures

Cases before the ICJ follow a structured process: applications filed, written submissions exchanged, oral hearings held, and finally, binding judgments issued.

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ICJ Enforcement

The ICJ relies on state compliance to enforce its judgments. It can also request the UN Security Council to take action if a state refuses to comply.

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ICJ Limitations

The ICJ has some limitations, including restrictions on its jurisdiction and its inability to directly enforce its rulings.

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What is Administrative Law?

Administrative law governs the actions and procedures of government agencies and how they interact with individuals. It ensures agencies act within their powers and follow set rules.

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Historical Evolution of Administrative Law

Administrative law has evolved over time. From focusing on law and order in the 19th century, it now covers a wider range of issues, including providing services and regulating societal concerns in the modern era.

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Purpose of Administrative Law

Administrative law aims to implement constitutional principles, enforce laws, and balance public authority against individual rights. It ensures fairness and accountability in how government agencies operate.

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Study Notes

  • International law lacks a central authority, with states being sovereign and independent
  • States create international law through treaties and customary international law
  • No international police force or comprehensive law enforcement system
  • There are no courts with general compulsory jurisdiction, such as the International Court of Justice (ICJ), needing state consent
  • Despite structural weaknesses, international law is generally observed

Theories of International Law Application

  • Monism: Views domestic and international law as a unified legal system, with no need for transformation, emphasizing international law's supremacy.

  • Dualism: Treats domestic and international law as distinct systems, requiring transformation or incorporation of international law into domestic law. It emphasizes state sovereignty in deciding how to implement international norms.

  • Self-Executing Norms: International treaty provisions that are precise and directly applicable by domestic courts. Examples include human rights provisions.

  • Non-Self-Executing Norms: International treaty provisions requiring transformation into domestic law for implementation. An example is environmental treaties.

Examining Compliance Through Key Principles

  • States retain independence in determining compliance with international law.
  • Obligations must be performed sincerely (good faith).
  • There are mechanisms to address breaches, like reparations and sanctions.
  • Limitations include lack of centralized enforcement, reliance on state consent for dispute resolution, and varied application in different legal systems.

General Framework of State Responsibility

  • State responsibility arises when a state commits an internationally wrongful act.
  • Key elements include attribution (conduct attributable to the state), breach (conduct violating an international obligation), and responsibility as independent of domestic law.
  • The responsibility is heightened when breaches involve jus cogens norms.

Attribution of Conduct to a State

  • Conduct of state organs: Includes actions by legislative, executive, judicial, or other state functions, even if beyond their authority.
  • Conduct of entities empowered by the state: Covers non-state entities authorized by the state to exercise governmental functions.
  • Conduct of organs at the disposal of another state: Occurs when one state temporarily places its organs at the disposal of another.
  • Conduct directed or controlled by the state: Actions of private individuals or groups under the state's direction or control.
  • Insurrectional movements: State is responsible if the movement later becomes the government.

Breach of International Obligations

  • Violations of any binding international obligation.
  • Breaches can be actions or omissions.
  • Breaches of jus cogens norms (like genocide and slavery) have special consequences.
  • Obligations erga omnes affect the international community as a whole.

Circumstances Precluding Wrongfulness

  • Justifying an act while not removing the obligation to compensate for damages.
  • Examples are consent and self-defense.

Key Cases to Reference

  • Monetary Gold Case (1954): Sets boundaries of jurisdiction regarding the rights of third states.
  • Nicaragua v. United States (1986): Clarifies principles of use of force and state responsibility.
  • Legal Consequences of the Wall Advisory Opinion (2004): Influenced the interpretation of self-determination and occupation law.

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Exam 2 Public International Law PDF

Description

Explore the fundamental differences between international and domestic legal systems, including sovereignty, law creation, and enforcement challenges. Learn about monism and dualism theories that explain how these systems interact and the implications for state behavior in the global legal framework.

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