Questions and Answers
Which of the following accurately reflects a modern definition of international law?
What distinguishes international law from national law?
According to Oppenheim’s definition, which entities are considered subjects of international law?
Which term is synonymous with 'international law'?
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Which best describes the evolution of international law?
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What role do non-governmental organizations (NGOs) play in international law?
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According to Black's Law Dictionary, which participants are now encompassed within the scope of international law?
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Which characteristic is NOT typical of international law?
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What is the main function of international law?
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Which of the following is a source of national law?
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Which of these fields is primarily concerned with public international law?
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What distinguishes private international law from public international law?
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How is private international law primarily enforced?
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Which of the following is NOT a source of international law?
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What is one characteristic of public international law?
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International law is typically based on which of the following?
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Which legal aspect would fall under the domain of private international law?
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What role do judicial decisions play in international law?
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Study Notes
Definition of International Law
- Synonymous with terms like ‘law of nations’ and ‘inter-state law.’
- Traditionally defined as law governing states' relations with one another.
- Bentham's classic definition views it as rules governing state relations.
- Modern perspective includes non-state actors like NGOs, multinational corporations, and individuals.
- Oppenheim describes it as a body of rules binding on states, also including international organizations and individuals.
- Black’s Law Dictionary characterizes it as a legal system overseeing relationships between nations, now expanded to include other participants like NGOs.
Differences between National Law and International Law
- National law (or Municipal Law) pertains to intra-state affairs, regulating individual-state interactions.
- International law governs relations between states, focusing on foreign or inter-state affairs.
- National law is based on command and sanctions; international law operates on consent and consensus.
- Sources of national law derive from domestic legislation, while international law springs from treaties, conventions, customs, general principles, and judicial decisions.
Differences between Public and Private International Law
- Public International Law governs relationships among sovereign states and international entities, covering areas like human rights and diplomatic relations.
- Private International Law, also known as 'Conflict of Law,' determines applicable laws in cases with foreign elements, such as contracts between individuals from different countries.
- Public International Law is based on international customs and agreements, whereas Private International Law is established by state legislation.
- Enforcement of Public International Law relies on international pressure and can lead to sanctions, while Private International Law is enforced by individual state authorities.
- Public International Law is consistent across states; Private International Law varies by jurisdiction.
Sources of International Law
- Every legal system has its sources of law; international law sources reflect the origin of legal rules.
- Article 38 of the Statute of the International Court of Justice outlines the sources:
- International conventions that establish recognized rules.
- International customs reflecting accepted general practices among states.
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Description
Explore the fundamentals of international law, its definitions, and its evolution over time. This quiz will cover key concepts such as the law of nations and the role of states in their interactions. Understand how traditional definitions are challenged by modern realities.