Podcast
Podcast
Podcast
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Questions and Answers
Questions and Answers
Which of the following is considered a main source of international law?
Which of the following is considered a main source of international law?
- International treaties (correct)
- Legal opinions from scholars
- Constitutional laws
- Judicial decisions
What is a requirement for customary international law to be recognized?
What is a requirement for customary international law to be recognized?
- Written agreements between states
- State practice must show duration, consistency, and generality (correct)
- General acceptance by the public
- Approval from the International Court of Justice
What does the principle of jus cogens signify?
What does the principle of jus cogens signify?
- An informal agreement among nations
- A guideline that can be altered by treaties
- A recommendation by international courts
- A norm from which no deviation is accepted (correct)
Which case recognized that state practice does not need a precise length of time to establish customary international law?
Which case recognized that state practice does not need a precise length of time to establish customary international law?
According to the Vienna Convention on the Law of Treaties, what must parties do in relation to treaties in force?
According to the Vienna Convention on the Law of Treaties, what must parties do in relation to treaties in force?
Which of the following is NOT a type of jus cogens norm?
Which of the following is NOT a type of jus cogens norm?
What is required for a treaty to be void under jus cogens according to Article 53 of the Vienna Convention?
What is required for a treaty to be void under jus cogens according to Article 53 of the Vienna Convention?
Which of the following illustrates the requirement of consistency in customary international law?
Which of the following illustrates the requirement of consistency in customary international law?
Questions and Answers
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Flashcards
Flashcards
Treaties
Treaties
Agreements between states, legally binding, established through formal procedures.
Customary International Law
Customary International Law
Unwritten rules of behavior accepted and followed by states over time, creating binding obligations.
Jus Cogens
Jus Cogens
Basic principles universally recognized as fundamental and essential for the international legal order, such as the prohibition of genocide or slavery.
State Practice
State Practice
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Duration (State Practice)
Duration (State Practice)
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Consistency and Uniformity (State Practice)
Consistency and Uniformity (State Practice)
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Generality (State Practice)
Generality (State Practice)
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Conflict between Treaty and Jus Cogens
Conflict between Treaty and Jus Cogens
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Flashcards
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Study Notes
Study Notes
Public International Law - GOVT 2047
- This course covers sources of international law.
Sources of International Law
-
Main Sources:
- International conventions (treaties)
- International customs (customary law)
- General principles of law (jus cogens)
-
Subsidiary Sources:
- Judicial decisions and treaties of the most highly qualified publicists (Article 38(1) Statute of the International Court of Justice (ICJ))
-
Treaties:
- Have a formal procedure.
- Every treaty in force is binding on the parties and must be performed in good faith (Article 26 Vienna Convention on the Law of Treaties, 1969).
- Treaties have a formal procedure.
-
Customary International Law:
- Not signed documents.
- Requires:
- State practice (duration, consistency, conformity, and generality)
- Duration: Longer is better, but a short time doesn't prevent it being a custom.
- Example: North Sea Continental Shelf Case (Federal Republic of Germany v Denmark and Netherlands)
- Consistency and Uniformity: Practice should continue in a constant and uniform way; this doesn't have to be precisely measured, but must show the other requirements of custom (Asylum case (Columbia v Peru) 1950). Also Military and Para Military Activities in and against Nicaragua (Nicaragua v USA): Perfect consistency not essential, but practice must be generally consistent.
- State practice (duration, consistency, conformity, and generality)
-
Jus cogens:
- A peremptory norm of general international law, accepted and recognized by the international community of states.
- No derogation (detraction/take away) is possible; modified only by a subsequent norm of general international law with the same effect.
- Examples: prohibition of force, genocide, slavery, torture.
- If a treaty conflicts with jus cogens, the treaty is void (Article 53 Vienna Convention on the Law of Treaties, 1969).
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