Introduction to International Law
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Introduction to International Law

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Questions and Answers

What is the primary difference between national law and international law?

  • International law always applies to individuals, while national law applies only to states.
  • National law is enforced by international organizations.
  • National law is made by a state's legislature, while international law is made through treaties. (correct)
  • International law has a strict enforcement mechanism.

    • Which of the following is NOT considered a source of international law according to Article 38(1) of the ICJ Statute?

  • International conventions
  • National legislation (correct)
  • General principles of law
  • International custom

    • What is the role of 'jus cogens' within international law?

  • It indicates a hierarchy in treaties.
  • It represents fundamental principles that cannot be violated. (correct)
  • It is used to create national laws within a state.
  • It refers to non-binding agreements among states.

    • Which of the following best describes the structure of the international system?

    <p>It is primarily horizontally structured among equal states.</p> Signup and view all the answers

    How are international customs recognized as sources of international law?

    <p>Through state practices followed out of legal obligation.</p> Signup and view all the answers

    What aspect of international law reflects the principle of state sovereignty?

    <p>States can decide voluntarily whether to comply.</p> Signup and view all the answers

    In the context of international law, what are general principles of law?

    <p>Concepts common across major legal systems like equity and justice.</p> Signup and view all the answers

    Which of the following best characterizes public international law?

    <p>It involves treaties and customs between states.</p> Signup and view all the answers

    Which principle ensures that no treaty or custom can violate peremptory norms like the prohibition of genocide?

    <p>Jus Cogens</p> Signup and view all the answers

    What does internal sovereignty refer to?

    <p>Control over domestic matters</p> Signup and view all the answers

    What characterizes intergovernmental organizations, such as the UN?

    <p>Decisions are made by consensus</p> Signup and view all the answers

    What is the primary authority that gives jurisdiction to a state under international law?

    <p>State consent</p> Signup and view all the answers

    Which of the following principles allows for the prosecution of crimes such as torture regardless of where they occur?

    <p>Universality Principle</p> Signup and view all the answers

    Under which article can a member state exercise the right of self-defense until the Security Council intervenes?

    <p>Article 51</p> Signup and view all the answers

    What is a key feature of the European Court of Human Rights?

    <p>Individuals can bring cases against states</p> Signup and view all the answers

    Which of the following best describes the Security Council's composition?

    <p>Includes 5 permanent members and 10 non-permanent members</p> Signup and view all the answers

    What principle allows a state to claim authority over its nationals abroad?

    <p>Nationality Principle</p> Signup and view all the answers

    In terms of jurisdiction, what does the term 'compromis' refer to?

    <p>Specific agreements to resolve disputes at ICJ</p> Signup and view all the answers

    Which human rights instrument is legally binding and focuses on civil and political rights?

    <p>International Covenant on Civil and Political Rights</p> Signup and view all the answers

    Which article of the UN Charter recognizes the sovereign equality of all member states?

    <p>Article 2(1)</p> Signup and view all the answers

    What is the main role of the Secretary-General of the UN?

    <p>Acts as the chief administrative officer</p> Signup and view all the answers

    Which organ of the UN is primarily responsible for making binding decisions?

    <p>Security Council</p> Signup and view all the answers

    What is the maximum extent of the Exclusive Economic Zone (EEZ) established by UNCLOS?

    <p>200 nautical miles</p> Signup and view all the answers

    Which of the following is NOT a form of reparation for wrongful acts under international law?

    <p>Reintegration</p> Signup and view all the answers

    Which concept states that treaties conflicting with jus cogens norms are considered void?

    <p>Article 53 of the Vienna Convention</p> Signup and view all the answers

    Which article of the UN Charter allows non-military measures such as economic sanctions?

    <p>Article 41</p> Signup and view all the answers

    What is the main function of the International Criminal Court (ICC)?

    <p>To prosecute individuals for international crimes</p> Signup and view all the answers

    Which approach requires domestic legislation for a treaty to be applied within the state?

    <p>Dualist System</p> Signup and view all the answers

    What factor does NOT significantly influence state compliance with international law?

    <p>Absolute Power of Enforcement</p> Signup and view all the answers

    Which of the following is true regarding the enforcement of international law?

    <p>Compliance is based on voluntary adherence</p> Signup and view all the answers

    Under the Outer Space Treaty, what is prohibited?

    <p>Claims of sovereignty over celestial bodies</p> Signup and view all the answers

    What does the term 'High Seas' refer to in international law?

    <p>Regions beyond national jurisdiction</p> Signup and view all the answers

    What is the primary reason for the voluntary nature of international law enforcement?

    <p>Dependence on individual states’ political will</p> Signup and view all the answers

    Which of the following is NOT considered a jus cogens norm?

    <p>Right to self-defense</p> Signup and view all the answers

    Which of the following best describes the term 'Pacta Sunt Servanda'?

    <p>Treaties must be performed in good faith</p> Signup and view all the answers

    Study Notes

    International Law Definition

    • Governs relationships between states, international organizations, and sometimes individuals
    • Includes public international law (state-to-state relations, treaties, international customs, principles like state sovereignty and prohibition of force) and private international law (cross-border legal disputes involving individuals or corporations)
    • Applies to diplomatic relations, use of force, human rights, and trade

    International Law vs. National Law

    • National law is made by a state's legislature
    • International law is made through treaties and customary practices
    • National law is enforced by courts and police
    • International law lacks a centralized enforcement mechanism, relying on voluntary compliance

    Structure of the International System

    • Primarily horizontally structured
    • Reflects the equality of states in international relations
    • States interact based on mutual consent and agreements
    • No overarching authority imposes laws on all states
    • Relies on treaties, customs, and the principle of state sovereignty

    Sources of International Law

    • International conventions (treaties) like the UN Charter and Vienna Convention on the Law of Treaties
    • International custom derived from state practices accepted as law (usus) and carried out with a belief in legal obligation (opinio juris)
    • General principles of law found across major legal systems (e.g., equity, justice, and good faith)
    • Judicial decisions and writings of qualified legal scholars are not primary sources but help in interpreting laws
    • Binding decisions of international organizations (UN Security Council)

    Jus Cogens

    • Peremptory norms (e.g., prohibition of torture, slavery, and genocide)
    • Considered superior and cannot be violated by any treaty or custom

    Key Concepts in International Law

    • Sovereignty: states have supreme authority to govern themselves without interference
      • Internal sovereignty: control over domestic matters (laws, governance)
      • External sovereignty: conducting foreign relations and defending against external threats
    • Implications of state sovereignty:
      • No centralized international legislature, laws are created through treaties or customs
      • No centralized enforcement body, relies on state cooperation and international pressure
      • Limited jurisdiction of courts like the ICJ, which depend on state consent

    Subjects of International Law

    • States are primary actors, defined by the Montevideo Convention with four criteria:
      • Defined territory
      • Permanent population
      • Effective government
      • Capacity for relations
    • International organizations:
      • Intergovernmental organizations (IGOs) like the UN and the African Union, members retain sovereignty, decisions are typically made by consensus
      • Supranational organizations like the European Union where member states transfer some sovereign powers, decisions can be binding
    • Individuals are recognized through international human rights laws and international criminal law

    Principles of Jurisdiction in International Law

    • Territorial jurisdiction: authority over acts within a state's borders
    • Nationality principle: authority over actions of a state's nationals, even abroad
    • Protective principle: authority over actions abroad that threaten state security
    • Universality principle: allows prosecution of heinous crimes (e.g., genocide, torture) regardless of where they occurred

    UN Structure and Functions

    • UN Charter:
      • Article 1: Establishes the primary purposes of the UN (peace, development, and human rights)
      • Article 2(1): Recognizes sovereign equality of all member states
      • Article 2(4): Prohibits the threat or use of force against the territorial integrity or political independence of any state
      • Article 51: Allows right of self-defense if an armed attack occurs
      • Article 103: Right to self-defense; peremptory norms take hierarchy (e.g., Bosnia case)
    • Main Organs:
      • General Assembly: Comprises all member states, serves as a forum for discussing global issues and issuing non-binding resolutions
      • Security Council: Composed of 15 members (5 permanent members with veto power), makes binding decisions (e.g., sanctions, military action)
      • International Court of Justice (ICJ): settles disputes between states and gives advisory opinions
      • Secretary-General: chief administrative officer, represents the organization diplomatically

    ICJ Jurisdiction and Compliance

    • Based on the consent of states given through:
      • Compromis/Ad hoc Agreements: states specifically agree to submit a dispute to the ICJ
      • Optional Clause Declaration: states accept the court’s jurisdiction in advance for certain categories of disputes
    • Article 94 of the UN Charter obliges states to comply with ICJ decisions
    • If a state fails to comply, the other party can appeal to the Security Council for enforcement

    International Human Rights Law

    • Key Instruments:
      • Universal Declaration of Human Rights (1948): non-binding but foundational
      • International Covenant on Civil and Political Rights (ICCPR): legally binding, focuses on rights like freedom of speech, fair trial, and freedom from torture
      • International Covenant on Economic, Social, and Cultural Rights (ICESCR): addresses rights like the right to education, work, and social security
      • European Convention on Human Rights (ECHR): regional treaty enforced by the European Court of Human Rights (ECtHR)
    • Enforcement Mechanisms:
      • UN Human Rights Council: reviews state compliance with human rights treaties
      • Regional Human Rights Courts: such as the ECtHR and Inter-American Court of Human Rights

    Law of the Sea and Outer Space

    • UN Convention on the Law of the Sea (UNCLOS): establishes rules for the use of the world's oceans
      • Territorial Sea: extends up to 12 nautical miles from a state’s coastline
      • Exclusive Economic Zone (EEZ): extends up to 200 nautical miles
      • High Seas: beyond national jurisdiction, freedom of navigation and conservation
    • Outer Space Treaty (1967): governs activities of states in the exploration and use of outer space
      • Prohibits claims of sovereignty over celestial bodies
      • Emphasizes the peaceful use of outer space

    Jus Cogens and Peremptory Norms

    • Fundamental principles of international law that are universally accepted and cannot be violated (e.g., prohibition of genocide, slavery, torture, and aggression)
    • Treaties or agreements that conflict with jus cogens norms are considered void

    State Responsibility and Remedies for Wrongful Acts

    • ILC Articles on State Responsibility: establish that a state is responsible for its wrongful acts and must make reparations
    • Forms of Reparation:
      • Restitution
      • Compensation
      • Satisfaction
    • Defenses to State Responsibility: consent, self-defense, necessity, and force majeure

    Treaties and Their Binding Nature

    • Vienna Convention on the Law of Treaties:
      • Pacta Sunt Servanda: a treaty must be performed in good faith once in force
    • Ratification Process:
      • Signature: a state expresses its willingness to be bound by a treaty
      • Ratification: formally agrees to be bound by the treaty's terms
      • Accession: a state not involved in the negotiation agrees to be bound
      • Entry into Force: legally binding once the required number of states has ratified it
    • Monist vs. Dualist Approaches:
      • Monist system: treaties automatically become part of domestic law
      • Dualist system: treaties must be translated into national legislation

    Enforcement of International Law

    • Security Council Powers (Chapter VII of the UN Charter):
      • Article 41: Authorizes measures not involving the use of armed force (e.g., economic sanctions)
      • Article 42: Authorizes the use of armed force to restore international peace
    • Self-enforcement by states: includes actions like reciprocal sanctions or suspending diplomatic relations
    • Role of the ICJ: settles disputes between states but relies on state compliance
    • Challenges: voluntary nature and power dynamics

    International Criminal Responsibility

    • International Criminal Court (ICC): prosecutes individuals for crimes like genocide, war crimes, and crimes against humanity
    • Jurisdiction applies when national courts are unwilling or unable to prosecute
    • Universal Jurisdiction: allows any state to prosecute certain crimes (e.g., piracy, genocide)

    Compliance with International Law

    • Reasons for Compliance:
      • Mutual benefit and self-interest
      • Reputation and international standing
      • Psychological and normative force of law

    Effectiveness and Challenges of International Law

    • Success Stories: establishing norms like the prohibition of torture and creating courts like the ICC
    • Challenges:
      • Voluntary nature
      • Power dynamics
      • Global challenges (like climate change) require cooperation but reveal the limitations of international law

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    Description

    Explore the fundamental concepts of international law, including its definition and the differences between international and national law. This quiz examines the structure of the international system and the role of treaties and customary practices. Test your understanding of how states interact and govern their relationships on a global scale.

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