Public International Law Overview
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Questions and Answers

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?

  • 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?

  • International relations.
  • Everyday issues.
  • Municipal law enforcement. (correct)
  • Law of armed conflicts.

    • Which of the following elements is included in the structure of law?

    <p>Legal norms and principles.</p> Signup and view all the answers

    What indicates the rights and duties of participants in a legal norm?

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

    How are legal norms categorized?

    <p>Imperative and dispositional.</p> Signup and view all the answers

    Which of the following statements best captures the unique nature of International Law?

    <p>It operates independently from municipal law.</p> Signup and view all the answers

    What typically comprises the sources of Public International Law?

    <p>International treaties, customs, and general principles.</p> Signup and view all the answers

    What is meant by legal principles?

    <p>Fundamental truths that guide legal reasoning.</p> Signup and view all the answers

    Which of the following best represents the function of sanctions in legal norms?

    <p>To enforce penalties for violations.</p> Signup and view all the answers

    What is the primary focus of Hobbes' critique regarding lex imperfecta?

    <p>Lack of recognition for lex imperfecta</p> Signup and view all the answers

    What does the term 'self-help' refer to in the context of international relations?

    <p>Actions taken by states to resolve issues independently</p> Signup and view all the answers

    Which of the following describes a characteristic of retorsion?

    <p>Potentially unfriendly actions within legal norms</p> Signup and view all the answers

    What distinguishes sanctions under coercion as referred to in the content?

    <p>They differ from traditional sanctions that are widely understood.</p> Signup and view all the answers

    What is meant by lex specialis derogat legi generali?

    <p>Specific law overrides general law</p> Signup and view all the answers

    Imperative norms in international law are characterized by what feature?

    <p>Universally recognized with no exceptions</p> Signup and view all the answers

    How are bilateral legal norms formed?

    <p>By two states based on mutual agreement</p> Signup and view all the answers

    What does the concept of 'conflict' refer to in the context of international law?

    <p>Disputes arising from self-help measures</p> Signup and view all the answers

    Which levels of cooperation are explained for types of international legal norms?

    <p>Universal, particular, and bilateral</p> Signup and view all the answers

    What is a key characteristic of coercion in the context of lex imperfecta discussed?

    <p>Coercion lacks traditional sanction methods.</p> Signup and view all the answers

    What is the primary purpose of public international law?

    <p>To provide legal frameworks for relationships among states and recognized international actors</p> Signup and view all the answers

    Which of the following entities is not recognized as a subject of public international law?

    <p>Local governments</p> Signup and view all the answers

    How does the structure of public international law differ from municipal law?

    <p>Municipal law is created by state consent and is fragmented</p> Signup and view all the answers

    What role does public international law play in facilitating state relations?

    <p>It coordinates cooperation and helps avoid armed conflicts</p> Signup and view all the answers

    Which of the following is a unique characteristic of public international law?

    <p>It exhibits lex imperfecta characteristics</p> Signup and view all the answers

    What does the legal personality of a state imply?

    <p>States have rights and duties similar to individuals</p> Signup and view all the answers

    Which entity is an example of a non-state subject with legal personality?

    <p>The Holy See</p> Signup and view all the answers

    What is one of the primary functions of public international law?

    <p>To facilitate cooperation and coordination among states</p> Signup and view all the answers

    What type of legal framework does public international law provide?

    <p>Normative guidelines, methods, and mechanisms for conduct</p> Signup and view all the answers

    What is the relationship between public international law and national law?

    <p>Public international law and national law coexist but can differ in their application</p> Signup and view all the answers

    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.
    • 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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    Public International Law PDF 2020

    Description

    This quiz provides an overview of Public International Law (PIL), exploring its rules, structure, and key subjects. Learn about the legal frameworks that govern international relations and the distinctions between PIL and national law. Test your knowledge on the functions and characteristics of this essential legal system.

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