Public International Law GOVT 2047 Quiz
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What was the ruling of the International Court of Justice in the case of the Republic of Nicaragua v. The United States of America?

  • The ICJ found the U.S. had violated international law. (correct)
  • The ICJ dismissed the case due to lack of evidence.
  • The ICJ awarded reparations to the United States.
  • The ICJ ruled in favor of the United States.

    • What role did the United States play in the actions of the Contras in Nicaragua?

  • The U.S. financed, trained, armed, and advised the Contras. (correct)
  • The U.S. partially supported the Contras with limited resources.
  • The U.S. provided no support to the Contras.
  • The U.S. only advised the Contras on diplomatic strategies.

    • What claim did Nicaragua make against the United States in front of the ICJ?

  • Nicaragua claimed the Contras were created by the U.S. (correct)
  • Nicaragua claimed the U.S. was supporting a peaceful resolution.
  • Nicaragua claimed the U.S. had no involvement in its affairs.
  • Nicaragua claimed the U.S. was protecting its sovereign rights.

    • How did the United States react to the jurisdiction claims of the ICJ in this case?

    <p>The U.S. argued that the ICJ lacked jurisdiction.</p> Signup and view all the answers

    What implications does the ruling of the ICJ have on the concept of humanitarian intervention?

    <p>It established that external support in civil conflicts can violate international law.</p> Signup and view all the answers

    What was one consequence of the UN Security Council's actions concerning the Nicaragua case?

    <p>Nicaragua's complaint was withdrawn.</p> Signup and view all the answers

    According to Article 51, what does the right to self-defense depend on?

    <p>An actual armed attack against a member state.</p> Signup and view all the answers

    What is the primary distinction between the permissive and restrictive schools regarding self-defense?

    <p>The permissive school sees self-defense as broader than armed attacks.</p> Signup and view all the answers

    What does the World Court ruling define as an 'armed attack'?

    <p>Sending armed groups of any size by a state.</p> Signup and view all the answers

    How is the Charter viewed in terms of its provisions as per the International Court of Justice?

    <p>Dynamic and subject to evolution.</p> Signup and view all the answers

    What is the initial requirement for a state to invoke self-defense under Article 51?

    <p>Occurrence of an armed attack.</p> Signup and view all the answers

    In the context of self-defense, what does 'armed attack' NOT include according to the Restrictive School?

    <p>Internal strife within a state.</p> Signup and view all the answers

    What must states do when taking measures in self-defense under Article 51?

    <p>Immediately report to the Security Council.</p> Signup and view all the answers

    What is a key characteristic of statehood according to the Montevideo Convention?

    <p>A sovereign state must possess the ability to exercise jurisdiction over its territory.</p> Signup and view all the answers

    Which of the following statements about conquest is true?

    <p>Conquest operates as a mode of acquisition after a war.</p> Signup and view all the answers

    Which states have notably invoked anticipatory self-defense?

    <p>Israel and the US</p> Signup and view all the answers

    What consequence did the US face for invoking self-defense during the invasion of Iraq in 2003?

    <p>Condemnation by the international community</p> Signup and view all the answers

    Under Article 2(4) of the UN Charter, how should states conduct their international relations?

    <p>By refraining from the threat or use of force.</p> Signup and view all the answers

    What requirement must be met for a state to justify self-defense under customary international law?

    <p>Necessity</p> Signup and view all the answers

    What does Article 51 of the UN Charter state regarding self-defense?

    <p>Members have an inherent right of self-defense until the Security Council intervenes.</p> Signup and view all the answers

    What condition must a territory meet to be legally occupied by another state?

    <p>The territory must be terra nullis or uninhabited.</p> Signup and view all the answers

    According to the ICJ in the Nicaragua case, what criterion must defensive actions satisfy?

    <p>They must be commensurate with the attack</p> Signup and view all the answers

    What has been the general practice of states regarding anticipatory self-defense after the emergence of the United Nations?

    <p>It is seldom accepted and rarely invoked</p> Signup and view all the answers

    Which of the following statements about the use of force and territorial integrity is correct?

    <p>The UN Charter prohibits states from using force against the political independence or territorial integrity of other states.</p> Signup and view all the answers

    Which historical acquisition model is no longer recognized as valid for gaining title to territory?

    <p>Conquest.</p> Signup and view all the answers

    What does the principle of necessity in self-defense require for a state under attack?

    <p>No alternative means of halting the attack must exist</p> Signup and view all the answers

    Which incident did Israel invoke anticipatory self-defense in?

    <p>Destruction of Iraq's nuclear reactor</p> Signup and view all the answers

    In the context of international law, which concept remains significant for maintaining order among states?

    <p>State sovereignty.</p> Signup and view all the answers

    What is a common fear among states regarding the invocation of anticipatory self-defense?

    <p>Creating a dangerous precedent</p> Signup and view all the answers

    What does the concept of 'armed attack' include according to the court's decision?

    <p>Support in the form of weapons and logistical help</p> Signup and view all the answers

    Which of the following statements about anticipatory self-defense is true?

    <p>It can be justified when an attack is expected.</p> Signup and view all the answers

    Which historical incident is often cited as a precedent for anticipatory self-defense?

    <p>The Caroline case during the Canadian Rebellion</p> Signup and view all the answers

    What did the Caroline Test assert regarding preemptive self-defense?

    <p>It must be instant, overwhelming, and leave no choice of means.</p> Signup and view all the answers

    What was the primary action taken by the British forces in the Caroline Case?

    <p>They set the Caroline on fire and sent it over Niagara Falls.</p> Signup and view all the answers

    According to the court, what types of actions may not be considered an armed attack?

    <p>Assistance to insurgents in a neighboring state</p> Signup and view all the answers

    What is the main distinction between the 'permissive school' and other interpretations regarding the Caroline Case?

    <p>The permissive school regards it as a classic formulation of customary international law.</p> Signup and view all the answers

    What does Mr. Webster's letter imply regarding the conditions for self-defense?

    <p>Necessity for self-defense must be immediate and leave no options.</p> Signup and view all the answers

    Study Notes

    Public International Law GOVT 2047

    • Course name: Public International Law
    • Course code: GOVT 2047

    The Use of Force by States

    • Statehood, Sovereignty, and Jurisdiction:

      • Territory is a crucial attribute of statehood (Article 1, Montevideo Convention 1933).
      • A sovereign state has the right to exercise its functions within its territory, excluding other states.
      • The Island of Palmas case (1928) is relevant to territorial sovereignty.

    • Acquisition of Territory by Occupation:

      • Historically, some territories have been acquired by occupation.
      • Examples include the Falkland Islands and Gibraltar, which are still subjects of dispute sometimes.
      • Legally, occupation requires terra nullius (uninhabited land).

    • Conquest as a Mode of Acquisition:

      • Historically, conquest was a method to acquire territory post war.
      • However, conquest is no longer recognised as a legal method of acquiring title. (Article 2(4), UN Charter)
      • States have a duty not to recognise territory acquired through force.

    • Prohibition of the Use of Force (UN Charter):

      • Article 2(4) of the UN Charter prohibits the threat or use of force against the territorial integrity or political independence of any state.
      • The prohibition is a response to the Second World War.
      • It targets interstate conflict.

    UN Charter, Article 51

    • Inherent Right of Self-Defense:
      • Article 51 of the UN Charter does not impair the inherent right of individual or collective self-defense if an armed attack occurs.
      • The right of self-defense is in place until the Security Council takes measures necessary to maintain international peace and security.
      • Measures taken by members in exercising this right must be immediately reported to the Security Council.

    Controversial Issues

    • Scope of Self-Defense:

      • Determining the exact scope of the right to use force in self-defense, for example, to prevent civil wars or to recover territory seized; or for humanitarian reasons, or to address terrorism.
      • The potential use of force to promote democracy or restore order in a state without an effective government.

    • Role of the Security Council:

      • How much centralized control should the Security Council have over uses of force, including preemptive self-defense?

    Nicaragua v. US (1986)

    • International Court of Justice (ICJ) Ruling:

      • ICJ ruled in favor of Nicaragua against the US.
      • Awarded reparations to Nicaragua, which was deemed to have been violated by the US. The ICJ pointed to the US supporting the contra rebels and mining Nicaragua's harbors as acts that violated international law.
      • The US did not participate in cases at the ICJ and disregarded the ruling.

    • Significance of the Case:

      • The case assessed the validity of what amounts to a use of force within the terms of Article 2(4) of the UN Charter.
      • The judgement considered what constitutes an armed attack by stating that this cannot be understood to incorporate only acts by armed bands, but also assistance given in the form of weaponry or support to rebels.

    The Nicaragua Case (1986)

    • Interpretation of Charter Provisions:
      • The ICJ considered UN Charter provisions in the context of customary international law.
      • The ICJ interpreted self-defense provisions through state practices and customary law.
      • The Court examined the definition of "use of force" and "armed attack"

    Right to Self-Defense of States

    • Limitations of Self-Defense:
      • Self-defense is limited by the principles of necessity and proportionality.
      • This is accepted in customary international law.
      • The Nicaragua case reinforces these limitations.

    Necessity

    • Requirement of Armed Attack:
      • States can use force in self-defence only if an armed attack occurs.
      • The necessity requirement in self-defence primarily focuses on ascertaining if an armed attack has occurred.
      • States must have no other means of halting an attack other than use of force and are limited on their options in self-defence

    Proportionality

    • Proportionality in Self-Defense:
      • Defensive action must be proportionate to the armed attack.
      • The Nicaragua case addressed the principle of proportionality, concluding that US actions did not meet this criterion.

    Anticipatory Self-Defense

    • Debatability of the Right:

      • The right to anticipatory self-defense remains a contentious issue in international law.
      • The idea of anticipating an attack is based on military necessity, where attack first is the best defense.
      • The Caroline case, from the 19th century, frequently forms the precedent for those arguing for anticipatory self-defense.
      • Nevertheless, many Western writers regard the Caroline case as a precedent for this.

    • Limited Support in State Practice:

      • There's no clear support for anticipatory self-defense in subsequent state practices.
      • The overwhelming practice after the UN's emergence does not accept anticipatory self-defense as a universally recognised right.

    • Invoking Anticipatory Self-Defense:

      • The fear of setting a dangerous precedent discourages states from invoking anticipatory self-defense.
      • The Iraq cases where the US invoked anticipatory self-defense received international condemnation.

    • The Caroline Test:

      • The test, a 19th-century formula, is for anticipatory self-defence.
      • It is based on the necessity for self-defence being "instant, overwhelming; leaving no choice of means; and no moment for deliberation".
      • The Caroline case forms the precedent for the test.

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    This quiz covers key concepts in Public International Law, specifically focusing on the use of force by states, statehood, sovereignty, and territory acquisition. You'll explore landmark cases and legal principles that shape the framework of international relations and territorial disputes.

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