Public International Law Chapter 1

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10 Questions

The respect for the ______ opinion held by most states is a reason for states to observe international law.

world

International law is derived from the ______ of nature and observed by the majority of states.

law

The ______ of international law is a conviction that its observance will redound to the welfare of the whole society of nations.

common

The ______ principles of law are recognized by civilized nations.

general

The constant and reasonable fear of ______ is a reason for states to observe international law.

retaliation

The ______ of the UN is a machinery that has proved to be an effective deterrent to international disputes caused by disregard of international law.

machinery

Art 38 of the statute of ICJ does not distinguish between decisions rendered by ______ tribunals and those promulgated by national courts.

international

The writings of ______ must also be a fair and unbiased representation of international law.

publicists

The ______ of states is a reason for states to observe international law.

desire

The ______ of international law may still be observed by states because of the normal habits of obedience ingrained in the nature of man as social being.

rules

Study Notes

General Principles of International Law

  • International law is a body of rules and principles that are binding upon civilized states in their relations with one another.
  • It is a traditional concept that applies between sovereign states and other entities with international personality.
  • According to Georg Schwarzenberger, international law is the body of legal rules that apply between sovereign states and other entities.

Divisions of International Law

  • Laws of peace
  • Laws of war
  • Laws of neutrality

Basis of International Law

  • Naturalist School of Thought: there is a natural and universal principle of right and wrong, independent of mutual intercourse or compact, discovered through reason and conscience.
  • Positivist School of Thought: the binding force of international law is derived from the agreement of sovereign states to be bound by it.
  • Eclectic or Grotian School of Thought: both the law of nature and the consent of states as the basis of international law.

Sanctions of International Law

  • Belief shared by many states in the inherent reasonableness of international law and their redound to the welfare of the whole society of nations.
  • Habit of obedience ingrained in the nature of man as a social being.
  • Respect for world opinion held by most states, or their desire to project an agreeable public image.
  • Fear of retaliation by other states.

Sources of International Law

  • Primary/Direct Sources:
    • Treaties/Conventions
    • International Customs
    • General Principles of Law Recognized by Civilized Nations
  • Secondary/Indirect Sources:
    • Decisions of Courts
    • Writing of Publicists

Aims of International Law

  • Promote world friendship by levelling barriers.
  • Encourage and ensure greater international cooperation.
  • Provide for the orderly management of relations between states.
  • Ensure the welfare of the whole society of nations.

This quiz covers the general principles of public international law, including administration, judicial process, and methods of dispute resolution, ranging from peaceful negotiations to hostile actions.

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