Podcast
Questions and Answers
What principle dictates that each state has exclusive sovereignty over its territory?
What principle dictates that each state has exclusive sovereignty over its territory?
Under customary international law, which of the following indicates a state's acceptance of a customary rule as binding?
Under customary international law, which of the following indicates a state's acceptance of a customary rule as binding?
In the event of a conflict between a treaty and customary international law, which is typically applied?
In the event of a conflict between a treaty and customary international law, which is typically applied?
Which of the following is considered a non-derogable customary rule?
Which of the following is considered a non-derogable customary rule?
Signup and view all the answers
What was the first community established in 1950 that initiated European integration?
What was the first community established in 1950 that initiated European integration?
Signup and view all the answers
Which event marked the transition to the formation of the European Union in 1992?
Which event marked the transition to the formation of the European Union in 1992?
Signup and view all the answers
Which of the following organizations is legally distinct from its member states?
Which of the following organizations is legally distinct from its member states?
Signup and view all the answers
What significant change occurred in the size of the EU from its inception to its current form?
What significant change occurred in the size of the EU from its inception to its current form?
Signup and view all the answers
What does the principle of direct effect in EU law allow individuals to do?
What does the principle of direct effect in EU law allow individuals to do?
Signup and view all the answers
Under what condition does the principle of primacy apply?
Under what condition does the principle of primacy apply?
Signup and view all the answers
Which of the following statements about EU law is correct?
Which of the following statements about EU law is correct?
Signup and view all the answers
What is the consequence if a conflict arises between EU law and national law?
What is the consequence if a conflict arises between EU law and national law?
Signup and view all the answers
Which case established the principle of direct effect for individuals?
Which case established the principle of direct effect for individuals?
Signup and view all the answers
How must Member States implement EU directives?
How must Member States implement EU directives?
Signup and view all the answers
What is a consequence of the principle of primacy of EU law?
What is a consequence of the principle of primacy of EU law?
Signup and view all the answers
Which body initiates the legislative proposal in the EU legislative process?
Which body initiates the legislative proposal in the EU legislative process?
Signup and view all the answers
Under what condition must an oral offer be accepted?
Under what condition must an oral offer be accepted?
Signup and view all the answers
What condition must a proposal satisfy to be considered a valid offer?
What condition must a proposal satisfy to be considered a valid offer?
Signup and view all the answers
According to Article 16, when can an offer be revoked?
According to Article 16, when can an offer be revoked?
Signup and view all the answers
Which situation allows an offer to be considered irrevocable?
Which situation allows an offer to be considered irrevocable?
Signup and view all the answers
What does Article 4(1) primarily govern?
What does Article 4(1) primarily govern?
Signup and view all the answers
Which of the following is NOT a requirement for the formation of a sales contract under the CISG?
Which of the following is NOT a requirement for the formation of a sales contract under the CISG?
Signup and view all the answers
If an offer suggests that it is irrevocable, what must the offeree do to rely on it?
If an offer suggests that it is irrevocable, what must the offeree do to rely on it?
Signup and view all the answers
Which of the following statements is correct regarding a valid offer?
Which of the following statements is correct regarding a valid offer?
Signup and view all the answers
What is the consequence if a choice of law deprives an employee of essential protections?
What is the consequence if a choice of law deprives an employee of essential protections?
Signup and view all the answers
According to Article 8(2), what governs the individual employment contract if no law is chosen?
According to Article 8(2), what governs the individual employment contract if no law is chosen?
Signup and view all the answers
What determines the validity of a contract under Article 11(1)?
What determines the validity of a contract under Article 11(1)?
Signup and view all the answers
According to Article 21, when can the application of a provision from another country's law be refused?
According to Article 21, when can the application of a provision from another country's law be refused?
Signup and view all the answers
What does it mean if the country where the work is habitually carried out changes temporarily?
What does it mean if the country where the work is habitually carried out changes temporarily?
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)?
What governs a contract if the parties are in different countries at the time of its conclusion according to Article 11(2)?
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?
Which of the following is NOT a requirement for a contract to be valid between agents in different countries?
Signup and view all the answers
If the law applicable to an employment contract cannot be determined, which country's law applies?
If the law applicable to an employment contract cannot be determined, which country's law applies?
Signup and view all the answers
What does the Most-Favored-Nation (MFN) principle ensure regarding customs duties?
What does the Most-Favored-Nation (MFN) principle ensure regarding customs duties?
Signup and view all the answers
Under the National Treatment obligation, what is prohibited?
Under the National Treatment obligation, what is prohibited?
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?
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?
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?
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?
Signup and view all the answers
Which of the following scenarios violates the MFN principle?
Which of the following scenarios violates the MFN principle?
Signup and view all the answers
What is the core purpose of the National Treatment policy under GATT?
What is the core purpose of the National Treatment policy under GATT?
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?
If State A's internal tax structure is 5% on domestic wines and 10% on imported wines, what is the implication under National Treatment?
Signup and view all the answers
What does the term 'like products' refer to in the context of MFN?
What does the term 'like products' refer to in the context of MFN?
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
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
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.
