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Questions and Answers
What is the primary function of international law?
What is the primary function of international law?
Which of the following is a source of international law?
Which of the following is a source of international law?
How does international law differ from domestic law?
How does international law differ from domestic law?
What does the course aim to master in relation to international law?
What does the course aim to master in relation to international law?
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What relationship do international law and domestic law share?
What relationship do international law and domestic law share?
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What aspect of international law does Section A of this chapter focus on?
What aspect of international law does Section A of this chapter focus on?
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What type of behavior does international law primarily constrain?
What type of behavior does international law primarily constrain?
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What type of arguments and venues are significant in the process of international law?
What type of arguments and venues are significant in the process of international law?
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What ratio was used to determine the restitution to the Spanish claimant?
What ratio was used to determine the restitution to the Spanish claimant?
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What was the Supreme Court's conclusion regarding the legality of the slave trade?
What was the Supreme Court's conclusion regarding the legality of the slave trade?
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What role did the British Navy play after the Act for the Abolition of the Slave Trade in 1807?
What role did the British Navy play after the Act for the Abolition of the Slave Trade in 1807?
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Which vessels were involved in the restitution process mentioned in the decree?
Which vessels were involved in the restitution process mentioned in the decree?
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What was the outcome for slaves transported on ships seized by the British Navy?
What was the outcome for slaves transported on ships seized by the British Navy?
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What type of courts adjudicated the fate of slaves rescued by the British Navy?
What type of courts adjudicated the fate of slaves rescued by the British Navy?
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Who argues that the courts of mixed commission were precursors to modern international human rights law?
Who argues that the courts of mixed commission were precursors to modern international human rights law?
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What happened to the remaining Africans after the restitution process?
What happened to the remaining Africans after the restitution process?
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What is considered the greatest threat to the viability of the international-law system?
What is considered the greatest threat to the viability of the international-law system?
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How does the international legal system typically respond to controversies among nations?
How does the international legal system typically respond to controversies among nations?
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What is the role of perceived justice in conflict resolution?
What is the role of perceived justice in conflict resolution?
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What did the ancient rule of diplomatic immunity aim to achieve?
What did the ancient rule of diplomatic immunity aim to achieve?
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What does the international legal system strive to evolve over time?
What does the international legal system strive to evolve over time?
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What does 'jus ad bellum' refer to within the context of the international legal system?
What does 'jus ad bellum' refer to within the context of the international legal system?
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Which of the following best describes the primary objective of the international legal system?
Which of the following best describes the primary objective of the international legal system?
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What is the impact of perceived justice on decisions in both domestic and international law?
What is the impact of perceived justice on decisions in both domestic and international law?
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What does the term 'invisible college' of international lawyers refer to?
What does the term 'invisible college' of international lawyers refer to?
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Which of the following concepts is NOT mentioned as having a basis in the judicial conscience defined by the invisible college?
Which of the following concepts is NOT mentioned as having a basis in the judicial conscience defined by the invisible college?
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Why does international law often act as an apologist according to D’Amato?
Why does international law often act as an apologist according to D’Amato?
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What role does Schachter suggest the invisible college plays in the legal community?
What role does Schachter suggest the invisible college plays in the legal community?
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What does the 'conscience juridique' refer to in relation to the invisible college?
What does the 'conscience juridique' refer to in relation to the invisible college?
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What is emphasized as crucial while learning substantive norms of international law?
What is emphasized as crucial while learning substantive norms of international law?
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What does the mention of 'apology to utopia' in the context of international law suggest?
What does the mention of 'apology to utopia' in the context of international law suggest?
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Which principle is NOT included as an example applied by international lawyers?
Which principle is NOT included as an example applied by international lawyers?
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How does the international legal system respond to controversies among states?
How does the international legal system respond to controversies among states?
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What is a primary argument for the reception of legal arguments by international courts and tribunals?
What is a primary argument for the reception of legal arguments by international courts and tribunals?
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What did the humanitarian laws of war aim to address?
What did the humanitarian laws of war aim to address?
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What does Axiom 2 suggest about the evolution of international legal norms?
What does Axiom 2 suggest about the evolution of international legal norms?
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Prior to which conventions were courts not involved in the questioning of jus in bellum?
Prior to which conventions were courts not involved in the questioning of jus in bellum?
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What misconception might students have regarding international law upon first learning about it?
What misconception might students have regarding international law upon first learning about it?
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What is a potential consequence for litigators unaware of the dynamics discussed in the content?
What is a potential consequence for litigators unaware of the dynamics discussed in the content?
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What was realized gradually regarding the treatment of prisoners of war?
What was realized gradually regarding the treatment of prisoners of war?
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Study Notes
Introduction to International Legal Regulation
- International law governs the conduct of states and other entities, setting normative standards for behavior.
- It differs from domestic law in sources such as treaties, customary law, and general principles.
- Problems addressed by international law are unique and require different enforcement methods compared to local legal systems.
- Similarities exist between international and domestic law, as both incorporate shared doctrines and judicial decision-making.
- Understanding the process of international law is as crucial as mastering formal doctrines, focusing on advocacy, venues, and definitions of success.
Natural Law's Role in International Law
- Explores the historical influence of natural law on the development and current state of international legal discourse.
- Questions the ongoing relevance of natural law within today's international law frameworks.
"The Slave Trade and the Birth of Human Rights"
- The U.S. Supreme Court acknowledged the persistence of the slave trade despite abolitionist movements and laws enacted by countries like Britain.
- Post-1807, Britain enforced the Act for the Abolition of the Slave Trade, leading to the freeing of captured slaves through mixed commission courts, an early form of international human rights law.
- The importance of perceived justice is highlighted for conflict resolution, emphasizing that stable resolutions are preferred to those that perpetuate disputes.
Conflict Resolution and International Law
- The international legal system aims to evolve norms that mitigate disputes, promote peace, and promote systemic equilibrium.
- The historical context of diplomatic immunity is tied to the objective of preventing misunderstandings and facilitating negotiations.
- General systems theory supports the idea that legal arguments favoring stability and peace will be more persuasive in international court settings.
Humanitarian Law Development
- Recognition of regulations governing warfare emerged from the Lieber Code and later codified in the Hague and Geneva Conventions.
- Humanitarian laws aim to protect non-combatants and prisoners of war, challenging the notion that warfare is purely destructive.
The "Invisible College" of International Lawyers
- The concept of an "invisible college" underscores a global community of international lawyers united in shaping and developing international law principles.
- While adversarial dynamics exist, there is cooperative spirit aimed at advancing collective understanding and legal frameworks.
- Examples of legal principles influenced by this community include good faith, reciprocity, and proportionality, essential in treaty formulation and legal standards.
Conclusion
- The course will delve into substantive norms of international law while emphasizing its nature as a dynamic process and practice.
- Engagement with international law necessitates an understanding of both the established norms and the evolving nature of its application in global contexts.
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Description
This quiz explores the foundations of international law, highlighting its distinct sources, enforcement methods, and its relationship to domestic law. Delve into the historical and contemporary roles of natural law and its influence on international legal discourse, including human rights. Understand the complexities of advocacy and the evaluation of success within the international legal framework.
