Principles of International Law Quiz
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Principles of International Law Quiz

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Questions and Answers

What principle dictates that each state has exclusive sovereignty over its territory?

  • Principle of Territorial Sovereignty (correct)
  • Principle of Collective Security
  • Principle of Non-Intervention
  • Principle of Customary International Law

    • Under customary international law, which of the following indicates a state's acceptance of a customary rule as binding?

  • Opinio Juris (correct)
  • International Consensus
  • General Practice
  • State Practice

    • In the event of a conflict between a treaty and customary international law, which is typically applied?

  • International Human Rights Law
  • Treaties (correct)
  • Local Law
  • Customary international law

    • Which of the following is considered a non-derogable customary rule?

    <p>Prohibition of Genocide</p> Signup and view all the answers

    What was the first community established in 1950 that initiated European integration?

    <p>European Coal and Steel Community</p> Signup and view all the answers

    Which event marked the transition to the formation of the European Union in 1992?

    <p>Signing of the Maastricht Treaty</p> Signup and view all the answers

    Which of the following organizations is legally distinct from its member states?

    <p>All of the above</p> Signup and view all the answers

    What significant change occurred in the size of the EU from its inception to its current form?

    <p>From 6 to 27 member states</p> Signup and view all the answers

    What does the principle of direct effect in EU law allow individuals to do?

    <p>Invoke EU law before national and European courts</p> Signup and view all the answers

    Under what condition does the principle of primacy apply?

    <p>When Member States have ceded sovereignty to the EU</p> Signup and view all the answers

    Which of the following statements about EU law is correct?

    <p>EU law creates both rights for individuals and obligations for Member States</p> Signup and view all the answers

    What is the consequence if a conflict arises between EU law and national law?

    <p>National courts must prioritize EU law</p> Signup and view all the answers

    Which case established the principle of direct effect for individuals?

    <p>Van Gend en Loos</p> Signup and view all the answers

    How must Member States implement EU directives?

    <p>Using their national laws within a specified timeline</p> Signup and view all the answers

    What is a consequence of the principle of primacy of EU law?

    <p>Inconsistent national laws must be disapplied</p> Signup and view all the answers

    Which body initiates the legislative proposal in the EU legislative process?

    <p>The European Commission</p> Signup and view all the answers

    Under what condition must an oral offer be accepted?

    <p>It must be accepted immediately.</p> Signup and view all the answers

    What condition must a proposal satisfy to be considered a valid offer?

    <p>It must express the intention to be legally bound.</p> Signup and view all the answers

    According to Article 16, when can an offer be revoked?

    <p>Before the offeree accepts the offer.</p> Signup and view all the answers

    Which situation allows an offer to be considered irrevocable?

    <p>If it states a fixed time for acceptance.</p> Signup and view all the answers

    What does Article 4(1) primarily govern?

    <p>The formation of the contract of sale.</p> Signup and view all the answers

    Which of the following is NOT a requirement for the formation of a sales contract under the CISG?

    <p>It must be in writing.</p> Signup and view all the answers

    If an offer suggests that it is irrevocable, what must the offeree do to rely on it?

    <p>Act in reliance on the offer.</p> Signup and view all the answers

    Which of the following statements is correct regarding a valid offer?

    <p>It must specify the goods and the price.</p> Signup and view all the answers

    What is the consequence if a choice of law deprives an employee of essential protections?

    <p>The employee retains all protections under the applicable law.</p> Signup and view all the answers

    According to Article 8(2), what governs the individual employment contract if no law is chosen?

    <p>The law of the country where the employee habitually carries out work.</p> Signup and view all the answers

    What determines the validity of a contract under Article 11(1)?

    <p>Formal requirements of the governing law or the law of the country where it was concluded.</p> Signup and view all the answers

    According to Article 21, when can the application of a provision from another country's law be refused?

    <p>When it is contrary to the forum's public policy.</p> Signup and view all the answers

    What does it mean if the country where the work is habitually carried out changes temporarily?

    <p>The country of habitual work remains unchanged.</p> Signup and view all the answers

    What governs a contract if the parties are in different countries at the time of its conclusion according to Article 11(2)?

    <p>The law of the country where either party has their habitual residence.</p> Signup and view all the answers

    Which of the following is NOT a requirement for a contract to be valid between agents in different countries?

    <p>A written agreement must be present.</p> Signup and view all the answers

    If the law applicable to an employment contract cannot be determined, which country's law applies?

    <p>The law of the country where the business that engaged the employee is situated.</p> Signup and view all the answers

    What does the Most-Favored-Nation (MFN) principle ensure regarding customs duties?

    <p>Any advantage granted to one country must be immediately extended to all other contracting parties.</p> Signup and view all the answers

    Under the National Treatment obligation, what is prohibited?

    <p>Subjecting imported products to higher internal taxes than domestic products.</p> Signup and view all the answers

    If State A imposes a 10% customs duty on whiskey and a 5% duty on cognac, what must it do according to the MFN principle?

    <p>Offer the lower customs duty to all similar products among contracting parties.</p> Signup and view all the answers

    In the scenario where a country imposes a 20% tax on whiskey and 35% on vodka, what does this imply about compliance with National Treatment?

    <p>The tax is likely in violation as it discriminates against vodka compared to domestic products.</p> Signup and view all the answers

    Which of the following scenarios violates the MFN principle?

    <p>State A offers a 5% customs duty on wines from State B and a 10% duty on wines from State C.</p> Signup and view all the answers

    What is the core purpose of the National Treatment policy under GATT?

    <p>To ensure imported goods are taxed equally to domestic goods.</p> Signup and view all the answers

    If State A's internal tax structure is 5% on domestic wines and 10% on imported wines, what is the implication under National Treatment?

    <p>The internal tax is discriminatory and inconsistent with National Treatment obligations.</p> Signup and view all the answers

    What does the term 'like products' refer to in the context of MFN?

    <p>Products that belong to the same category and serve similar purposes.</p> Signup and view all the answers

    Study Notes

    Principles of International Law

    • States are sovereign over their own territory
    • One state cannot interfere in the internal affairs of another state
    • States have an obligation to compensate for the expropriation or nationalization of foreign-owned assets

    Elements of Customary International Law

    • General Practice: States consistently behave in a way that aligns with a rule
    • Opinio Juris: States believe that the rule is legally binding

    The Relationship between Treaties and Custom

    • When a treaty and custom conflict, the treaty takes precedence
    • Customary law acts as a default rule in the absence of a treaty
    • Non-derogable customary rules, such as the prohibition of genocide, supersede treaties

    Treaty Membership

    • Joining certain treaty regimes, such as the EU and WTO, may limit a state’s freedom to choose its own economic system

    International Organizations

    • International Organizations are legal entities separate from their member states
    • Member states form international organizations through agreements, called constituent treaties
    • Examples include the United Nations, European Union, WTO and World Bank

    History of the European Union

    • Began in 1950 with the European Coal and Steel Community
    • The European Economic Community and Euratom were established in 1957
    • Since 1992, the European Union has experienced significant growth and expansion:
      • Membership has grown from 6 to 27 member states
      • The EU’s influence has expanded beyond the economic field
      • EU powers now extend to areas such as human rights,

    Directives

    • EU directives set objectives that member states must implement into national law
    • Member states must implement directives by a specific deadline
    • Member states can set higher standards than those outlined in directives

    Fundamental Principles of EU Law

    • Direct Effect: Individuals can directly invoke EU law before national and European courts, regardless of national law
      • EU law creates rights and obligations for individuals
      • Developed through case law
    • Primacy: EU law takes precedence over conflicting national laws
      • Member states must disapply national laws inconsistent with EU law
      • Developed through case law

    EU Legislative Process

    • The European Commission submits a legislative proposal to the European Parliament
    • The European Parliament and the Council of the European Union negotiate and formally adopt EU legislation

    Most-Favored-Nation (MFN)

    • States must immediately and unconditionally grant any other contracting party the same treatment as the most-favored nation

    National Treatment

    • Domestic and imported products must be treated equally, without discrimination

    The Role of International Sales Contracts in International Private Law

    • International Sales Contracts are regulated by the United Nations Convention on Contracts for the International Sale of Goods (CISG)
    • The CISG governs the formation of the contract and the obligations of the seller and buyer, but not issues concerned with:
      • The validity of the contract or its provisions
      • The effect of the sale contract on the property of the goods
    • Contracts between people in the same country must satisfy the requirements of the law governing the contract or the law of the country where the contract is concluded
    • Contracts between people in different countries must satisfy the requirements of the law governing the contract, or the law of one of the countries where the parties or their agents are present, or the law of the country where either party had their habitual residency
    • The application of a rule of law can be refused if it is manifestly incompatible with the public policy (order public) of the forum.

    Essential Elements of an International Sales Contract

    • The contract must be in writing
    • The contract must include a specific offer, an acceptance, and a determination of price and quantity.

    How an International Sales Contract can be Revoked

    • A contract can be revoked before acceptance - unless the offer specifies a fixed time for acceptance or the offeree reasonably relied on the offer as irrevocable and acted in reliance on the offer

    International Employment Contracts

    • The choice of applicable law cannot deprive the employee of the protection afforded to him by treaty provisions
    • The contract is usually governed by the law of the country where the employee usually carries out his work
    • If the applicable law can’t be determined, the contract is governed by the law of the country where the employee was engaged

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    Description

    Test your knowledge on the principles of international law, including state sovereignty, customary international law, and the relationship between treaties and customs. Explore key concepts such as general practice and opinio juris, and understand the roles of international organizations.

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