Public International Law Overview

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Questions and Answers

What established modern state sovereignty after the Thirty Years' War?

  • Hugo Grotius' treaties
  • Formation of the League of Nations
  • Creation of the United Nations
  • Peace of Westphalia (correct)

Which of the following is NOT considered an actor in international law?

  • Indigenous Peoples
  • Private Individuals (correct)
  • States
  • International Organizations

Which UN organ is primarily responsible for maintaining international peace and security?

  • General Assembly
  • International Court of Justice
  • Economic and Social Council
  • Security Council (correct)

What characteristic distinguishes a codified constitution?

<p>Written, rigid, and entrenched (B)</p> Signup and view all the answers

Hugo Grotius is often referred to as the 'Father of International Law' due to his emphasis on which of the following?

<p>Treaties' binding force (B)</p> Signup and view all the answers

Which type of sovereignty refers to a state's authority within its own territory?

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

What is a key difference between rigid and flexible amendment mechanisms in constitutions?

<p>Rigid amendments often require supermajorities or referenda (A)</p> Signup and view all the answers

Which of the following is true about non-governmental organizations (NGOs) in international law?

<p>They possess domestic legal personality only (D)</p> Signup and view all the answers

What distinguishes a federal state from a unitary state?

<p>Federal states utilize bicameral parliaments. (A)</p> Signup and view all the answers

In a dualist system, how are treaties treated in relation to domestic law?

<p>They need to be transposed into domestic law. (C)</p> Signup and view all the answers

Which of the following is a common cause of constitutional crises?

<p>States of emergency that may undermine constitutional boundaries. (B)</p> Signup and view all the answers

Which interpretation method focuses on the intent of the framers?

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

What is a key feature of a monist legal system?

<p>International law is directly applicable after ratification. (B)</p> Signup and view all the answers

The Lotus Case addressed which primary legal issue?

<p>Jurisdiction over acts occurring outside a state’s territory. (B)</p> Signup and view all the answers

What role does judicial review play in managing constitutional crises?

<p>It assesses the proportionality of governmental actions. (C)</p> Signup and view all the answers

Which country exemplifies a dualist approach to treaty implementation?

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

What is the primary purpose of the Separation of Powers?

<p>To prevent the concentration of power and ensure accountability. (B)</p> Signup and view all the answers

In a parliamentary system, who is primarily responsible for enacting legislation?

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

Which of the following outcomes can result from a judicial review?

<p>Disapplication of a law in specific cases. (A)</p> Signup and view all the answers

What is 'jus cogens' in international law?

<p>Peremptory norms that cannot be overridden. (B)</p> Signup and view all the answers

What distinguishes a semi-presidential system from other governance systems?

<p>It combines a President and Prime Minister with shared powers. (D)</p> Signup and view all the answers

Which of the following is NOT a form of judicial review?

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

Which principle is generally associated with Article 38 of the ICJ Statute regarding sources of international law?

<p>Treaties and customary law dominate over general principles. (B)</p> Signup and view all the answers

What characterizes 'international custom' as a source of international law?

<p>Practice accepted as law through widespread state behavior. (A)</p> Signup and view all the answers

What action is required when a state has committed acts violating jus cogens norms?

<p>Cessation of wrongful conduct (B)</p> Signup and view all the answers

Which of the following is an exception to the prohibition of the use of force under the UN Charter?

<p>Self-defense against armed attack (A)</p> Signup and view all the answers

In which scenario would the UNSC authorize the use of force?

<p>To maintain international peace and security (B)</p> Signup and view all the answers

The distinction between combatants and civilians is a principle of which type of law?

<p>International Humanitarian Law (B)</p> Signup and view all the answers

What is meant by the Precautionary Principle in International Environmental Law?

<p>Take preventive action despite scientific uncertainty (A)</p> Signup and view all the answers

What is a requirement for a conflict to be classified as a Non-International Armed Conflict (NIAC)?

<p>High level of violence and intensity (D)</p> Signup and view all the answers

What does the Polluter Pays Principle emphasize in environmental law?

<p>Polluters should cover the cleanup costs (A)</p> Signup and view all the answers

Which of the following mechanisms can trigger the jurisdiction of the International Criminal Court (ICC)?

<p>State referral (A)</p> Signup and view all the answers

What principle was established by the Lotus Case regarding jurisdiction between states?

<p>Jurisdiction is allowed unless expressly prohibited by international law. (B)</p> Signup and view all the answers

In the Tehran Hostages Case, what was a key reason for the ICJ ruling against Iran?

<p>The endorsement of the hostage situation by Iranian authorities. (D)</p> Signup and view all the answers

What did the ICJ find in the Wall Case regarding Israel's security barrier?

<p>The barrier was a violation of Palestinian rights to self-determination. (C)</p> Signup and view all the answers

What was the significance of the Lotus Case in international law?

<p>It established important precedents for jurisdictional disputes. (A)</p> Signup and view all the answers

Which legal principle emphasizes state responsibility for private actors' actions within its territory?

<p>State Responsibility Doctrine (A)</p> Signup and view all the answers

How did the ruling in the Tehran Hostages Case impact the Vienna Convention?

<p>It emphasized the protections afforded to diplomatic relations. (A)</p> Signup and view all the answers

Which aspect of international law was emphasized in the Lotus Case ruling?

<p>The general permissiveness of state actions. (C)</p> Signup and view all the answers

What was a key factor in the ICJ's ruling on the Wall Case?

<p>Israel's security concerns were not sufficient justification. (C)</p> Signup and view all the answers

What was a significant outcome of the ICJ's ruling regarding Israel's actions?

<p>Demonstrated the importance of reparations and dismantling illegal structures. (D)</p> Signup and view all the answers

What legal principle was emphasized in the Bemba case?

<p>Command responsibility of military leaders for subordinates' actions. (C)</p> Signup and view all the answers

What does the no-harm principle established in the Trail Smelter case entail?

<p>States must ensure domestic activities do not harm other states. (C)</p> Signup and view all the answers

According to the UN Charter, which of the following can justify the use of force?

<p>Self-defense in response to an armed attack. (C)</p> Signup and view all the answers

What does Article 51 of the UN Charter specify about self-defense?

<p>Self-defense actions must be necessary and proportionate. (D)</p> Signup and view all the answers

What was a key implication of the ICJ’s involvement in international disputes?

<p>It demonstrated the ability to address violations of jus cogens norms. (D)</p> Signup and view all the answers

What did the Bemba ruling strengthen in international humanitarian law?

<p>Individual criminal responsibility for military leaders. (C)</p> Signup and view all the answers

Which example illustrates the principle of UNSC authorization under the UN Charter?

<p>Coalition forces acting in the Gulf War under UN mandate. (D)</p> Signup and view all the answers

Flashcards

Public International Law (PIL)

Governs interactions between states and other international actors, covering areas like agreements, diplomacy and human rights.

State Sovereignty

A state's supreme authority within its borders and freedom from external interference.

UN Charter

Foundational document outlining the UN's structure and goals, emphasizing international peace and security.

Constitutionalism

Limits government power through the rule of law, by setting up frameworks for state power

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Codified Constitution

A written constitution with rigid, entrenched structures, requiring more difficult amendment processes.

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Uncodified Constitution

A constitution based on conventions and customs, with more flexible amendment processes.

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International Organizations

Groups created by agreements between states, each possessing specific rights and responsibilities.

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Internal Sovereignty

Authority a state possesses within its borders.

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Separation of Powers

Division of government power among different branches (legislative, executive, and judicial) to prevent concentration of power and promote accountability.

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Legislature

Branch of government responsible for creating laws.

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Executive Branch

Branch of government responsible for enforcing laws.

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Judicial Review

Power of courts to review and potentially invalidate laws or government actions.

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Treaty

Formal agreement between governments.

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International Custom

Rules of international law derived from consistent state practice and a belief in its legal obligation (opinio juris).

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Presidential System

Government system where citizens elect a president who is both head of state and head of government.

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Parliamentary System

Government system where a parliament elects the head of government (prime minister).

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Monism

International law directly applies domestically after ratification.

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Dualism

Treaties need domestic laws to apply internationally.

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Federal State

Sovereignty is shared between a central government and regional governments.

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Unitary State

Sovereignty is held by a central government with limited regional autonomy.

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Constitutional Crisis

A situation where the constitution's principles are challenged or threatened.

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Lotus Case

Landmark case that established the principle of states' jurisdiction over actions occurring outside their territory in certain circumstances. This involves collision on high seas and exercise of jurisdiction.

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State of Emergency

Exceptional circumstance that may allow for temporary curtailment of specific rights or actions.

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Jus Cogens Norms

Fundamental principles of international law, so important they cannot be violated, like genocide.

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Reparations (ARSIWA)

Ways to fix a violation of international law, including restitution, compensation, and satisfaction.

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Use of Force Prohibition (UN Charter)

International law forbids the use of force except for self-defense or authorized by the UN Security Council.

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Humanitarian Intervention

Military intervention in another country for humanitarian reasons without UN authorization. It's controversial and lacks clear legal basis.

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International Armed Conflict (IAC)

Armed conflict between two or more states.

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Non-International Armed Conflict (NIAC)

Armed conflict between a state and organized armed groups (rebellion, insurgency).

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International Criminal Court (ICC) Jurisdiction

The ICC can prosecute individuals for international crimes like genocide and war crimes.

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No Harm Principle (IEL)

No state should cause harm to another state, especially across borders.

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Lotus Case Principle

International law governs state jurisdiction, allowing it unless specifically prohibited. States cannot exercise jurisdiction in another's territory without consent or a permissive rule.

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Tehran Hostages Case

States are responsible for actions of both state organs and private actors under their control, even if initially by private actors.

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Wall Case Ruling

The construction of the security barrier by Israel violated international law by breaching Palestinian rights to self-determination.

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Attribution under ARSIWA

Actions of private actors can be attributed to a state if the state later endorsed or accepted those actions.

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Vienna Convention on Diplomatic Relations

International treaty outlining obligations for receiving states to protect diplomats and embassies.

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Permissive Rule of Jurisdiction

States have jurisdiction unless international law specifically prohibits it.

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Prohibitive Rule of Jurisdiction

States cannot exercise jurisdiction in another state's territory without consent or a permissive rule.

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State Responsibility for Actions

States are accountable for actions of both state organs and private actors under their control.

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Jus Cogens

Compelling principles of international law that are universally binding on all states, regardless of their consent.

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Erga Omnes Obligations

Obligations owed by states to the international community as a whole.

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Command Responsibility

Superior military commanders are held accountable for crimes committed by their subordinates, even if they didn't directly order the crimes.

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No-Harm Principle

States must ensure their actions within their territory do not harm other states.

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Self-Defense

A state's right to use force in response to an armed attack, but only to the extent necessary and proportionate to the threat.

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UNSC Authorization

The UN Security Council can authorize the use of force to maintain international peace and security.

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Territorial Integrity

States' inherent right to control their own territory and borders.

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Political Independence

A state's freedom from external interference in its internal affairs.

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Study Notes

Public International Law (PIL)

  • PIL governs interactions between states and entities with international legal personality (e.g., states, international organizations, individuals).
  • Covers activities like international agreements, diplomacy, trade, human rights, and armed conflicts.
  • 1648 Peace of Westphalia: Established modern state sovereignty after the Thirty Years' War.
  • Hugo Grotius: "Father of International Law," emphasized treaties' binding force, freedom of the seas, and conflict laws.

Evolution of International Structures

  • Post-WWI: Formation of the League of Nations (failed due to WWII).
  • Post-WWII: Creation of the United Nations with a focus on international peace and security.

Key UN Organs

  • General Assembly (GA)
  • Security Council (SC)
  • Economic and Social Council (ECOSOC)
  • International Court of Justice (ICJ)
  • Secretariat
  • Trusteeship Council (inactive)

Actors in International Law

  • States: Full legal personality; sovereign equality (UN Charter, Article 2(1)).
  • International Organizations: Created by treaties, e.g., UN, NATO; have specific rights/duties.
  • Individuals: Subject to international obligations and rights (e.g., human rights treaties).
  • Indigenous Peoples: Rights to self-determination debated; recognized under Article 1(2) of the UN Charter.
  • NGOs: Domestic legal personality but limited international recognition.
  • Corporations: Growing role in international economic law; limited legal personality.

Constitutionalism

  • Ancient concept: Limiting rulers' power (e.g., customs, principles).
  • Modern concept: Rule of law governs state power; arbitrary use of power is constrained by constitutional frameworks.

Constitutions

  • Narrow Definition: A document defining a country's legal structure and principles.
  • Broad Definition: Includes legal and non-legal norms (e.g., customs, conventions).

Features of Constitutions

  • Codified: Written, rigid, and entrenched (e.g., USA).
  • Uncodified: Flexible, based on conventions (e.g., UK).
  • Amendment Mechanisms:
    • Rigid: Require supermajorities or referenda.
    • Flexible: Simple parliamentary approval.
    • Hybrid: Combination of both.

Sovereignty

  • Types: Internal (authority within a state), External (non-interference from other states).
  • State: Socio-political entity with sovereignty.
  • Government: Institutions exercising state sovereignty.

Separation of Powers

  • Origin: Montesquieu's Trias Politica.
  • Concept: Division of government into three branches (legislative, executive, and judiciary).
  • Purpose: Prevent concentration of power and ensure accountability.

Judicial Review

  • Forms include ex ante (review bills before becoming laws) and ex post (review existing laws).
  • Concrete (linked to specific cases) vs. abstract (independent of specific cases) review.
  • Outcomes include disapplication (law stands but set aside in specific cases) and annulment (law ceases to exist).

Governance Systems

  • Presidential System: Head of government elected by citizens.
  • Parliamentary System: Head of government chosen by parliament.
  • Semi-Presidential System: Dual executive (president and prime minister).

Sources of International Law

  • Primary Sources (Article 38 ICJ Statute): Treaties, International Custom, General Principles of Law.
  • Secondary Sources: Judicial Decisions, Teachings of Publicists.
  • Hierarchy and Exceptions: Treaties and custom often dominate; general principles fill gaps. Jus cogens: Peremptory norms (e.g., prohibition of genocide). Cannot be overridden. Persistent Objector Rule: States can opt out of customary law during its formation.

Constitutional Law - Week 4 (Monism vs. Dualism)

  • Monism: International law automatically applies domestically.
  • Dualism: Treaties require domestic legislation for application.

Constitutional Law - Week 5 (Constitutional Crises)

  • Causes of crises include states of emergency, constitutional silence, and constitutional ambiguity.
  • Managing crises through judicial review with the principle of proportionality.

Week 8 (Jurisdiction and Immunities)

  • Case Study: The Lotus Case (1927 PCIJ): International law permits states to exercise jurisdiction unless explicitly prohibited.
  • Types of Jurisdiction: Territorial Jurisdiction (objective and subjective).
  • Extra-Territorial Jurisdiction: Active Nationality, Passive Nationality, Universal Jurisdiction, Protective Principle.
  • Immunities: Personal Immunity (ratione personae, protects high-ranking officials) and Functional Immunity. (ratione materiae, protects official acts of a state).

Week 9 (State Responsibility)

  • Elements of State Responsibility: Breach of international obligation, attribution to the state
  • Circumstances Precluding Wrongfulness: Justification for wrongful acts (e.g., consent, self-defense).
  • Case example: Tehran Hostages Case (1980).

Week 10 (International Criminal Law & Environmental Law)

  • ICC Jurisdiction: Covers genocide, crimes against humanity, war crimes, aggression.
  • Trigger mechanisms: State referral, UNSC referral, and prosecutor's initiative.
  • International Environmental Law: Principles (no harm, precautionary, polluter pays).
  • Sustainable Development Goals (SDGs): Balancing economic growth with environmental protection.

Week 10 (International Criminal Law)

  • Key Principle: prohibition of use of force.

  • ICJ and UN role.

  • Exceptions: self-defense, UNSC authorization

Week 10- International Environmental Law (IEL)

  • Principles: no harm, precautionary, polluter-pays.
  • Sustainable Development Goals (SDGs) balance economic growth with environmental protection.

Other Key Cases and Principles

  • Lotus Case: Permissive and prohibitive rules related to jurisdiction.
  • Tehran Hostages Case: State responsibility for actions of both state organs and private actors under its control.
  • Wall Case: International law violations and jus cogens norms.
  • Bemba Case: Command responsibility in international humanitarian law.
  • Trail Smelter Case: No-harm principle, states must ensure their actions within their jurisdiction do not harm other states.

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