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What characterizes self-executing norms in international law?
What characterizes self-executing norms in international law?
Which of the following is an example of a non-self-executing norm?
Which of the following is an example of a non-self-executing norm?
What is a characteristic of decentralized mechanisms in international law compliance?
What is a characteristic of decentralized mechanisms in international law compliance?
Which principle emphasizes the sincerity in fulfilling obligations under international law?
Which principle emphasizes the sincerity in fulfilling obligations under international law?
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What limitation affects compliance with international law?
What limitation affects compliance with international law?
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What distinguishes dualist systems from monist systems in terms of international law?
What distinguishes dualist systems from monist systems in terms of international law?
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Which of the following correctly describes a self-help measure in international law?
Which of the following correctly describes a self-help measure in international law?
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What role do institutional mechanisms play in ensuring compliance with international law?
What role do institutional mechanisms play in ensuring compliance with international law?
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What is a significant feature of the jurisdiction of the International Court of Justice (ICJ)?
What is a significant feature of the jurisdiction of the International Court of Justice (ICJ)?
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Which of the following accurately describes advisory opinions of the ICJ?
Which of the following accurately describes advisory opinions of the ICJ?
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What is one major challenge faced by the ICJ in enforcing its judgments?
What is one major challenge faced by the ICJ in enforcing its judgments?
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What historical period marked the expansion of administrative law to include community services?
What historical period marked the expansion of administrative law to include community services?
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What is one of the core components of administrative law regarding administrative authorities?
What is one of the core components of administrative law regarding administrative authorities?
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Which principle is fundamental to procedural rules in administrative law?
Which principle is fundamental to procedural rules in administrative law?
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The Legal Consequences of the Wall Advisory Opinion influenced which aspect of international law?
The Legal Consequences of the Wall Advisory Opinion influenced which aspect of international law?
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What is a key characteristic of monism in relation to international law?
What is a key characteristic of monism in relation to international law?
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The Bosnian Genocide Case primarily addressed obligations under which convention?
The Bosnian Genocide Case primarily addressed obligations under which convention?
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Which statement best describes the principle of 'pacta sunt servanda' as referenced in the Vienna Convention on the Law of Treaties?
Which statement best describes the principle of 'pacta sunt servanda' as referenced in the Vienna Convention on the Law of Treaties?
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In a dualist system, what is a requirement for international law to be applicable domestically?
In a dualist system, what is a requirement for international law to be applicable domestically?
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What does the term 'sovereign authority' refer to in the context of international law?
What does the term 'sovereign authority' refer to in the context of international law?
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Which of the following is a major difference between international and domestic legal systems?
Which of the following is a major difference between international and domestic legal systems?
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How does the International Court of Justice (ICJ) obtain jurisdiction?
How does the International Court of Justice (ICJ) obtain jurisdiction?
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According to the theories of international law, what does dualism emphasize?
According to the theories of international law, what does dualism emphasize?
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What is the significance of Article 27 of the Vienna Convention on the Law of Treaties?
What is the significance of Article 27 of the Vienna Convention on the Law of Treaties?
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What are the essential elements that trigger state responsibility?
What are the essential elements that trigger state responsibility?
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Which of the following best describes the three types of reparation mechanisms?
Which of the following best describes the three types of reparation mechanisms?
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Who are the parties that can initiate cases at the International Court of Justice (ICJ)?
Who are the parties that can initiate cases at the International Court of Justice (ICJ)?
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What is one significant characteristic of the advisory opinions provided by the ICJ?
What is one significant characteristic of the advisory opinions provided by the ICJ?
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What is the term length for judges elected to the ICJ?
What is the term length for judges elected to the ICJ?
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Which type of law can the ICJ adjudicate based on jurisdiction ratione materiae?
Which type of law can the ICJ adjudicate based on jurisdiction ratione materiae?
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What can happen if a state does not have representation on the ICJ bench?
What can happen if a state does not have representation on the ICJ bench?
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What must exist for a case to be heard as a contentious matter by the ICJ?
What must exist for a case to be heard as a contentious matter by the ICJ?
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What is the purpose of the Optional Clause (Article 36(2)) in relation to the ICJ?
What is the purpose of the Optional Clause (Article 36(2)) in relation to the ICJ?
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Which of the following describes a Compromissory Clause?
Which of the following describes a Compromissory Clause?
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What is the significance of the Monetary Gold Principle?
What is the significance of the Monetary Gold Principle?
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In what stage do States present arguments before the ICJ?
In what stage do States present arguments before the ICJ?
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What is a key limitation of the ICJ's advisory opinions?
What is a key limitation of the ICJ's advisory opinions?
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What do contentious case judgments of the ICJ bind?
What do contentious case judgments of the ICJ bind?
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What is required for a State to successfully utilize the ICJ?
What is required for a State to successfully utilize the ICJ?
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Which case established the limits on the jurisdiction of the ICJ concerning third States?
Which case established the limits on the jurisdiction of the ICJ concerning third States?
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What is the purpose of International Humanitarian Law (IHL)?
What is the purpose of International Humanitarian Law (IHL)?
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Which instrument is considered non-binding but foundational in human rights law?
Which instrument is considered non-binding but foundational in human rights law?
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Which of the following is a key instrument of International Criminal Law?
Which of the following is a key instrument of International Criminal Law?
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What principle states that certain rights are universally binding and cannot be violated?
What principle states that certain rights are universally binding and cannot be violated?
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Which of the following regional frameworks protects human rights?
Which of the following regional frameworks protects human rights?
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What does the term 'Customary International Law' refer to?
What does the term 'Customary International Law' refer to?
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What is the main function of the Universal Periodic Review (UPR)?
What is the main function of the Universal Periodic Review (UPR)?
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Which of the following rights is considered a non-derogable right?
Which of the following rights is considered a non-derogable right?
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Study Notes
Key Differences Between International and Domestic Legal Systems
- 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
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Monism: Views domestic and international law as a unified legal system, with no need for transformation, emphasizing international law's supremacy.
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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.
Legal Frameworks for International Law in Domestic Systems
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Self-Executing Norms: International treaty provisions that are precise and directly applicable by domestic courts. Examples include human rights provisions.
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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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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.
