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. (B)</p> Signup and view all the answers

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

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

How are legal norms categorized?

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

What typically comprises the sources of Public International Law?

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

What is meant by legal principles?

<p>Fundamental truths that guide legal reasoning. (A)</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. (D)</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 (D)</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 (B)</p> Signup and view all the answers

Which of the following describes a characteristic of retorsion?

<p>Potentially unfriendly actions within legal norms (A)</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. (C)</p> Signup and view all the answers

What is meant by lex specialis derogat legi generali?

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

Imperative norms in international law are characterized by what feature?

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

How are bilateral legal norms formed?

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

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

<p>Universal, particular, and bilateral (B)</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. (C)</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 (D)</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 (A)</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 (B)</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 (D)</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 (A)</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 (B)</p> Signup and view all the answers

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

<p>The Holy See (D)</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 (D)</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 (B)</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 (B)</p> Signup and view all the answers

Flashcards

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

A structured system that includes legal norms, principles, institutions, and legal families.

Hypothesis (Legal Norm)

The first part of a legal norm that establishes the conditions under which it applies.

Disposition (Legal Norm)

The second part of a legal norm that outlines the rights and duties of those involved in a legal situation.

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Sanction (Legal Norm)

The third part of a legal norm that describes the consequences for those who violate the norm.

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Imperative Norms

Rules that are mandatory and must be followed by participants in legal relationships.

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Dispositional Norms

Rules that allow participants to define their rights and duties within limits set by law.

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Public International Law (PIL)

A branch of law that governs relations between nations and international organizations.

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Everyday Issues (PIL)

Deals with everyday issues like trade, environment, and human rights.

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Law of Armed Conflicts (PIL)

Focuses on legal rules governing armed conflicts, including war crimes and humanitarian law.

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What is Public International Law?

A set of rules, norms, and standards that govern relations between sovereign states and other recognized international actors. It establishes a framework for their interactions and provides a foundation for international cooperation.

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How is Public International Law structured?

International law is shaped by states through their consent. It's not a rigid hierarchy like domestic law, but rather a system of fragmented rules based on agreements and customs.

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Who are the subjects of Public International Law?

States are the primary actors in international law but other entities, including international organizations, individuals, and even concepts like 'mankind,' can also have legal personality.

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What does 'legal personality' under Public International Law mean?

Legal personality means an entity can hold rights and obligations under international law. It's not just about power but also about responsibility.

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What is the function of Public International Law?

Public International Law aims to facilitate cooperation between states, harmonize their interests, and ultimately, help prevent armed conflicts.

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Why is Public International Law called 'lex imperfecta'?

International law is often described as 'lex imperfecta' because it lacks a central enforcement mechanism. Compliance relies on agreement and reciprocity among states.

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What is the difference between Public International Law and domestic law?

International law differs from municipal law in its structure, subjects, and function. While municipal law has a hierarchical structure, international law is based on consent and reciprocity.

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How is Public International Law dynamic?

International law is dynamic and constantly evolving, shaped by the changing realities of the world.

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Lex Imperfecta

A type of international law that is criticized for its lack of a clear and central authority, resembling the traditional concept of natural law.

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Separation of Powers in International Law

The absence of a centralized legislative, judicial, or executive power within international law, leading to questions about its enforceability.

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Coercion in International Law

The mechanism by which international law is enforced, which differs from the traditional system of punishment found in domestic legal systems.

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Retorsion

A type of response by a state to a violation of international law, where the state acts in accordance with international law but not necessarily in a friendly manner.

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Reprisal

A type of response by a state to a violation of international law, where the state acts in violation of international law in response to a previous violation.

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Universal International Norm

A type of international legal norm that applies to all states, regardless of their specific agreements.

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Particular International Norm

A type of international legal norm that applies to a group of states based on a shared interest or geographical proximity.

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Bilateral International Norm

A type of international legal norm that applies to two states, established through a bilateral agreement.

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Lex Specialis Derogat Legi Generali

A rule that overrides a more general rule when the two rules conflict, based on a more specific application.

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Lex Posterior Derogat Legi Priori

A rule dealing with the issue of conflicting norms, stating that a later rule in time overrides an earlier rule.

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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 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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