Public International Law Overview

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Questions and Answers

What does the Borrowing Doctrine direct a state of forum to apply?

The common law principles

The foreign statute of limitations (correct)

The local law of the forum

The customary international law

The Ubi Societas Ibi Jus principle implies that law is essential for any political community to function.

True

What is required for international law to be incorporated into municipal law?

No legislative action is required.

The process of _____ involves adopting international law by enacting statute.

transformation Signup and view all the answers

Match the following concepts with their definitions:

Renvoi = Taking into account the whole law of another jurisdiction Borrowing Doctrine = Applying foreign statute of limitations to claims Transformation = Adopting international law through enactment Incorporation = Making international law applicable without legislative action Signup and view all the answers

What does Public International Law primarily regulate?

Relations between states and entities with international personality. Signup and view all the answers

A state can exercise jurisdiction outside its territory without any restrictions.

False Signup and view all the answers

What historical treaty ended the Thirty Years' War?

Treaty of Westphalia Signup and view all the answers

The law based on customary practices between nations is known as _______.

jus gentium Signup and view all the answers

Match the following terms with their definitions:

Jus gentium = Law between nations based on customs Jus inter gentes = International agreements and conventions Concurrent jurisdiction = States' jurisdiction within their own territories Public International Law = Law governing relations between states and international entities Signup and view all the answers

What was one of the main goals of the Congress of Westphalia?

To promote diplomatic relations. Signup and view all the answers

The principle of 'processual presumption' applies only to local laws.

False Signup and view all the answers

What are the two categories of law distinguished in the context of international law?

Public International Law and Private International Law Signup and view all the answers

What does 'Opinio Juris' signify in international law?

The belief that a state is legally obligated to act Signup and view all the answers

The principle 'Pacta Sunt Servanda' means that agreements do not have to be kept.

False Signup and view all the answers

What is the meaning of 'Jus Cogens'?

Compelling law or peremptory norm Signup and view all the answers

'Erga Omnes Obligation' represents obligations that states have towards the __________.

international community Signup and view all the answers

Which of the following is NOT an example of Jus Cogens?

Breach of contract Signup and view all the answers

Rebus Sic Stantibus allows for a treaty to be withdrawn under all circumstances.

False Signup and view all the answers

What is the significance of 'Erga Omnes Obligation' in international law?

It outlines specifically determined obligations towards the international community. Signup and view all the answers

Study Notes

Public International Law

Definition (Traditional): A branch of public law governing relations between states and other entities with recognized international personality.
Definition (Modern): Regulates state and international organization conduct, and their relations with each other and individuals (natural or legal persons).
Jurisdiction (S.S. Lotus case PCIJ 1927): A state cannot exercise jurisdiction outside its territory unless permitted by international custom or treaty. Within a state's territory, jurisdiction exists over any matter, even without specific international law.

Public vs. Private International Law

Public International Law:
- International law among nations
Private International Law:
- International law governing interactions between private citizens across national boundaries
- Municipal law

Treaty of Westphalia

Historical Context: Ended the Thirty Years' War (Catholics vs. Protestants) and Eighty Years' War (Netherlands' struggle for independence from Spain).
Goals: Religious freedom, diplomacy, and state sovereignty.
Conflict Resolution: Conflict involving land territories.

Historical Development of International Law

Doctrines and Maxims: Guiding principles, including Jus Gentium (law between nations) based on customary law, international conventions, and treaties, applicable universally to nations and people.
Jus inter gentes: Law between nations encompassing international agreements and conventions.
Renvoi: In determining a question, the forum court must consider the law of other relevant jurisdictions, especially conflict-of-law rules.
Borrowing Doctrine: Applying foreign statutes of limitation in cases with foreign legal aspects.
Ubi Societas Ibi Jus: (Where there is society, there is law). A community requires law for functioning, hence the need for international law.

Principles and Doctrines

Opinio Juris: States' belief of an obligation to follow a particular norm; not merely due to coincidence or expediency.
Jus Cogens: Fundamental principles that cannot be overridden, including prohibitions of aggression, genocide, and crimes against humanity.
Pacta Sunt Servanda: Agreements must be kept (fundamental principle of international law).
Rebus Sic Stantibus: Allows a treaty to be terminated if fundamental circumstances change.
Non Liquet: Not clear; a situation where a decision-maker is unable to determine how to make a decision in a given situation.

Bases of International Law

Natural Law: Based on universal principles of right and wrong.
Positive Law: Binding force derived from agreement among states.
Eclectic/Groatian School: International law is binding because it's good and right, agreed upon by states.

Sources of International Law

Primary Sources: International treaties and conventions, customary international law.
Secondary Sources: Judicial decisions and scholarly writings.
International court of justice: Judicial decisions, which inform and guide the interpretation and development of international law, especially the practice of states.

Formal Process

Negotiation: Creating the treaty.
Signature: Symbolic showing of agreement without full commitment.
Ratification: Formal acceptance of the treaty.
Exchange of Instruments: Official exchange of ratification instruments.

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Description

This quiz covers the essential aspects of Public International Law, including key definitions, contrasting public and private international law, and historical context like the Treaty of Westphalia. Test your understanding of how international relations and jurisdiction operate among states and organizations.