Public International Law (GOVT 2047)

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What is the primary binding nature of treaties as stated in international law?

They are only advisory and can be ignored.

They require unanimous consent from all countries.

They can be disregarded if they conflict with customary law.

They are binding upon the parties and must be performed in good faith. (correct)

Which element is NOT required to establish customary international law?

State practice must exhibit general conformity.

State practice must be of long duration.

State practice must be codified in written documents. (correct)

State practice must be followed consistently.

What is a defining characteristic of jus cogens norms?

They apply only to specific states.

They are peremptory norms with no derogation permitted. (correct)

They can be overridden by treaties.

They are optional and can be modified at any time.

Which of the following cases established that perfect consistency in state practice is not essential for customary international law?

Military and Para Military Activities in and against Nicaragua. Signup and view all the answers

What must customary international law embody in terms of state practice?

Duration, consistency, and generality. Signup and view all the answers

In the context of treaties, which of the following is true under international law?

A treaty is void if it conflicts with jus cogens norms. Signup and view all the answers

What is one criterion for the establishment of customary international law based on state practice?

State practice must demonstrate a general tendency towards uniformity. Signup and view all the answers

Which statement best describes treaties in the context of international law?

They are legally binding agreements that must be fulfilled. Signup and view all the answers

What are the main sources of international law?

The main sources of international law include international conventions (treaties), international customs, general principles of law, and, sometimes, judicial decisions. Signup and view all the answers

According to Article 26 of the Vienna Convention, what obligation do parties to a treaty have?

Parties to a treaty must perform it in good faith. Signup and view all the answers

What are the criteria required for establishing customary international law?

Customary international law requires state practice characterized by duration, consistency, and generality. Signup and view all the answers

What is the significance of jus cogens in international law?

Jus cogens refers to peremptory norms that cannot be violated and are accepted by the international community as fundamental principles. Signup and view all the answers

How does the North Sea Continental Shelf case contribute to understanding customary international law?

The North Sea Continental Shelf case established that there is no precise duration required for a practice to be considered customary, emphasizing its sufficiency over mere timing. Signup and view all the answers

What did the Asylum case highlight about the requirements for state practice in customary law?

The Asylum case highlighted that state practice must continue in a constant and uniform manner, though the degree of uniformity is not strictly defined. Signup and view all the answers

Explain the role of subsidiary sources in international law.

Subsidiary sources in international law include judicial decisions and the writings of highly qualified publicists, which help interpret and understand the main sources. Signup and view all the answers

What determines if a treaty can be modified under jus cogens?

A treaty can only be modified if the new norm of international law also qualifies as jus cogens, ensuring that no derogation is permitted from these fundamental principles. Signup and view all the answers

Study Notes

Public International Law (GOVT 2047) - 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 from 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 upon the parties and must be performed in good faith (Article 26 Vienna Convention on the Law of Treaties (VC) 1969)
Customary International Law:
- Not signed documents, but requires:
  - State practice (duration, consistency, conformity, and generality)
    - Duration: Longer is better, but a short time doesn't necessarily prevent it from becoming a custom.
    - North Sea Continental Shelf Case (Federal Republic of Germany v Denmark and Netherlands) established no precise length, but enough time for the practice to demonstrate meeting requirements of custom.
  - Consistency and uniformity:
    - Asylum case (Colombia v Peru, 1950) - shows that practice needs consistency and uniformity.
    - The court did not define the exact degree needed, but gave examples like fishing at a certain point in a river.
  - Military and Para-military Activities in and against Nicaragua (Nicaragua v USA) - shows perfect consistency isn't essential; sufficient if the practice is generally consistent, not necessarily daily.
Jus Cogens:
- A peremptory norm of general international law accepted and recognized by the international community of states as a whole. (Art 53 VCLT 1969)
- No derogation is allowed, and it cannot be modified by a subsequent norm of general international law.
- Examples of jus cogens include:
  - Prohibition of force
  - Genocide
  - Slavery
  - Torture
- A treaty is void if it conflicts with jus cogens (Art 53 VCLT 1969)

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Description

This quiz covers the main and subsidiary sources of international law, such as international conventions, customs, and general principles. It includes important details about the binding nature of treaties and the definition of customary international law through state practice. Test your understanding of these foundational concepts of public international law.