Podcast
Questions and Answers
What is a legal norm composed of?
What is a legal norm composed of?
- Legal principles and laws.
- Enforcement mechanisms only.
- Hypothesis, disposition, and sanction. (correct)
- Only the sanctions for violations.
Which of the following best describes imperative norms?
Which of the following best describes imperative norms?
- Norms that apply only in international contexts.
- Norms that can be ignored without consequences.
- Norms that allow for flexibility in defining rights.
- Norms that are mandatory for participants. (correct)
What does Public International Law (PIL) NOT deal with?
What does Public International Law (PIL) NOT deal with?
- International relations.
- Everyday issues.
- Municipal law enforcement. (correct)
- Law of armed conflicts.
Which of the following elements is included in the structure of law?
Which of the following elements is included in the structure of law?
What indicates the rights and duties of participants in a legal norm?
What indicates the rights and duties of participants in a legal norm?
How are legal norms categorized?
How are legal norms categorized?
Which of the following statements best captures the unique nature of International Law?
Which of the following statements best captures the unique nature of International Law?
What typically comprises the sources of Public International Law?
What typically comprises the sources of Public International Law?
What is meant by legal principles?
What is meant by legal principles?
Which of the following best represents the function of sanctions in legal norms?
Which of the following best represents the function of sanctions in legal norms?
What is the primary focus of Hobbes' critique regarding lex imperfecta?
What is the primary focus of Hobbes' critique regarding lex imperfecta?
What does the term 'self-help' refer to in the context of international relations?
What does the term 'self-help' refer to in the context of international relations?
Which of the following describes a characteristic of retorsion?
Which of the following describes a characteristic of retorsion?
What distinguishes sanctions under coercion as referred to in the content?
What distinguishes sanctions under coercion as referred to in the content?
What is meant by lex specialis derogat legi generali?
What is meant by lex specialis derogat legi generali?
Imperative norms in international law are characterized by what feature?
Imperative norms in international law are characterized by what feature?
How are bilateral legal norms formed?
How are bilateral legal norms formed?
What does the concept of 'conflict' refer to in the context of international law?
What does the concept of 'conflict' refer to in the context of international law?
Which levels of cooperation are explained for types of international legal norms?
Which levels of cooperation are explained for types of international legal norms?
What is a key characteristic of coercion in the context of lex imperfecta discussed?
What is a key characteristic of coercion in the context of lex imperfecta discussed?
What is the primary purpose of public international law?
What is the primary purpose of public international law?
Which of the following entities is not recognized as a subject of public international law?
Which of the following entities is not recognized as a subject of public international law?
How does the structure of public international law differ from municipal law?
How does the structure of public international law differ from municipal law?
What role does public international law play in facilitating state relations?
What role does public international law play in facilitating state relations?
Which of the following is a unique characteristic of public international law?
Which of the following is a unique characteristic of public international law?
What does the legal personality of a state imply?
What does the legal personality of a state imply?
Which entity is an example of a non-state subject with legal personality?
Which entity is an example of a non-state subject with legal personality?
What is one of the primary functions of public international law?
What is one of the primary functions of public international law?
What type of legal framework does public international law provide?
What type of legal framework does public international law provide?
What is the relationship between public international law and national law?
What is the relationship between public international law and national law?
Flashcards
What is law?
What is law?
The set of rules that a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.
Structure of Law
Structure of Law
A structured system that includes legal norms, principles, institutions, and legal families.
Hypothesis (Legal Norm)
Hypothesis (Legal Norm)
The first part of a legal norm that establishes the conditions under which it applies.
Disposition (Legal Norm)
Disposition (Legal Norm)
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Sanction (Legal Norm)
Sanction (Legal Norm)
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Imperative Norms
Imperative Norms
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Dispositional Norms
Dispositional Norms
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Public International Law (PIL)
Public International Law (PIL)
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Everyday Issues (PIL)
Everyday Issues (PIL)
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Law of Armed Conflicts (PIL)
Law of Armed Conflicts (PIL)
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What is Public International Law?
What is Public International Law?
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How is Public International Law structured?
How is Public International Law structured?
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Who are the subjects of Public International Law?
Who are the subjects of Public International Law?
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What does 'legal personality' under Public International Law mean?
What does 'legal personality' under Public International Law mean?
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What is the function of Public International Law?
What is the function of Public International Law?
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Why is Public International Law called 'lex imperfecta'?
Why is Public International Law called 'lex imperfecta'?
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What is the difference between Public International Law and domestic law?
What is the difference between Public International Law and domestic law?
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How is Public International Law dynamic?
How is Public International Law dynamic?
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Lex Imperfecta
Lex Imperfecta
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Separation of Powers in International Law
Separation of Powers in International Law
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Coercion in International Law
Coercion in International Law
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Retorsion
Retorsion
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Reprisal
Reprisal
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Universal International Norm
Universal International Norm
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Particular International Norm
Particular International Norm
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Bilateral International Norm
Bilateral International Norm
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Lex Specialis Derogat Legi Generali
Lex Specialis Derogat Legi Generali
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Lex Posterior Derogat Legi Priori
Lex Posterior Derogat Legi Priori
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Study Notes
Public International Law Overview
- Public International Law (PIL) is a set of rules, norms and standards that governs relationships between sovereign states and other legally recognized international actors.
- PIL deals with everyday issues and the law of armed conflicts.
- PIL sets the framework and guidelines for international interactions, providing a common conceptual language for actors.
- It’s a separate legal system distinct from municipal/domestic/national law.
- The unique characteristics of PIL include structure, subjects and legal personality, function, and the norm of Lex imperfecta.
Structure of PIL
- PIL is created by the consent of states, and is fragmented in structure.
- Municipal law, in contrast, has a hierarchical structure.
Subjects & Legal Personality of PIL
- Subjects of PIL, having legal capacity, have rights and duties.
- Subjects include states, international organizations, and individuals.
- Other subjects, like the Holy See, the Sovereign Military Order of Malta, Mankind, and other entities, are also recognized.
Function of PIL
- PIL facilitates cooperation between states. Its function also coordinates actions between actors, and avoids armed conflicts.
Lex Imperfecta
- The principle of Lex imperfecta, meaning 'imperfect law’ does not include or feature coercion and the separation of powers.
- Legislative, judiciary and executive powers are absent at the international level.
- Sanction is present in PIL though it differs from standard practices.
- Sanctions, conflict resolution and self-help are addressed.
- Self-help includes measures such as retorsions and reprisals to address conflicts.
- Institutionalized issues affecting the international community, typically addressed by the Security Council, are also discussed.
Types of International Legal Norms
- Legal norms can be universal (applying to all states), particular (applying to a group of states), or bilateral (applying to two states).
Resolving Conflicting Norms
- Conflicts between norms are resolved using principles such as Lex specialis derogat legi generali, which states that specific law overrides general law.
- Lex posteriori derogat legi priori, which states that a later law overrides an earlier law. Lex superiori derogat legi inferiori, a superior law overrides an inferior law are also important considerations.
- Imperative norms, which are widely accepted by the international community, such as the prohibition of the use of force or non-intervention, cannot be violated.
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