Week 2

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is one of the primary formal sources of international law?

Opinio juris (correct)

Scholarly writing

Judicial decisions

State Practice

Which of the following accurately describes customary international law (CIL)?

It is created solely through treaties.

It requires a significant number of states to be effective. (correct)

It is specifically defined and easy to prove.

It requires only a single state to establish.

What is a disadvantage of customary international law (CIL)?

It can be specific and easily interpreted.

It is established through scholarly writing.

It is universally accepted without exception.

It is often not specific and difficult to prove. (correct)

Which of the following is not considered a primary formal source of international law?

Scholarly writing (D) Signup and view all the answers

Which of the following is NOT a source of international law?

Legislation and legislative authority (D) Signup and view all the answers

What does the principle 'nullum crimen sine lege' imply in international law?

No crime can be punished without a law defining it. (C) Signup and view all the answers

What are general principles in the context of international law?

Fundamental legal principles recognized by most legal systems. (D) Signup and view all the answers

Which of the following statements about material sources of international law is true?

They provide background and context for legal rules. (B) Signup and view all the answers

According to Article 38 of the ICJ Statute, which of the following is NOT mentioned as a source of law?

Soft law (C) Signup and view all the answers

Which element contributes to the creation of customary international law?

Widespread state practice over time. (B) Signup and view all the answers

What is required for customary international law to be established?

State practice that is general and consistent. (B) Signup and view all the answers

Which of the following statements about customary international law is TRUE?

It requires persistent and consistent patterns of state behavior. (A) Signup and view all the answers

Which of the following is classified as a secondary formal source of international law?

Authoritative Judicial Decisions (B) Signup and view all the answers

What does jus cogens refer to in international law?

Fundamental principles recognized by the international community. (B) Signup and view all the answers

What distinguishes customary international law from written treaties?

Customary law emerges from consistent state practices over time. (C) Signup and view all the answers

What is the significance of 'soft law' in the context of international law?

It serves as guidelines that are not strictly enforceable. (C) Signup and view all the answers

What is required for state practice to be considered extensive and virtually uniform in relation to opinio juris?

The practice must be consistent and motivated by a sense of legal duty. (B) Signup and view all the answers

In the context of customary international law (CIL), who is bound by the CIL regardless of consent?

All states, regardless of their consent. (A) Signup and view all the answers

What legal case did the ICJ consider regarding the delimitation of the continental shelf in the North Sea?

Germany v. Denmark / Netherlands (A) Signup and view all the answers

What does the term 'opinio juris' refer to in international law?

A sense of legal obligation among states. (C) Signup and view all the answers

What is the significance of a persistent objector in customary international law?

They are not bound by the customary law to which they consistently object. (A) Signup and view all the answers

What is the primary motive for state practice to be recognized as customary international law?

A sense of legal duty. (D) Signup and view all the answers

During the North Sea Continental Shelf cases, what did the Court assess to understand opinio juris?

The actions and policies of the states involved. (B) Signup and view all the answers

Which of the following is NOT a factor typically associated with demonstrating opinio juris?

Public opinions in non-governmental organizations. (D) Signup and view all the answers

Study Notes

Public International Law - Sources

Permissive System: International law operates on a permissive principle, meaning actions are not prohibited unless explicitly forbidden. This is embodied in the Lotus case and the principle nullum crimen sine lege (no crime without law).

Sources of International Law

Domestic Law Sources: Include constitution, legislation, civil codes, executive branch enforcement mechanisms (police, judiciary), and sovereignty.
International Law Sources: Include treaties, customary international law, general principles of law, judicial decisions, scholarly writing, soft law, and jus cogens.

Sources - Article 38 ICJ Statute (International Court of Justice)

Treaties: Establish rules explicitly recognized by contesting states.
Custom: Evidence of general practice accepted as law (consistent and uniform state practice with opinio juris—a sense of legal obligation).
General Principles: Fundamental legal principles recognized by most legal systems.
Judicial Decisions and Scholarship: Subordinate sources used to determine rules.

Customary International Law

Nature: Unwritten rules or customs that states adhere to.
Formation: Habit of consistent pattern of state practice → tradition, expectation → legal obligation.
Example: The North Sea Continental Shelf cases highlight State practice and opinio juris in determining customary international law.

Customary International Law (Art. 38(1)(b) ICJ Statute)

State Practice: Behavior of states must be general, widespread, settled, and consistent.
Opinio juris: State activity driven by a belief that the practice is legally required, often demonstrated via statements, correspondence, or UNGA votes.

Binding Customary International Law

Persistent Objector Rule: A state that persistently objects to the development of a customary international law is not bound by it, but this requires clear, sustained objection.

Sources of International Law: Summary

Primary Formal Sources: Treaties, custom, general principles, (jus cogens).
Primary Material Sources: State practice, opinio juris, judicial decisions (less authoritative).
Secondary Material Sources: Scholarly writing.
Formal Sources: Recognized methods of creating international law.
Material Sources: Underpinning factors influencing international law.

General Principles of Law

Nature: Fundamental legal principles recognized across legal systems.
Role: Used when specific treaty or customary law isn't applicable. They often relate to issues like due diligence, accountability and are a supplementary role—derived from judicial decisions or scholarship.
Example: The Corfu Channel case illustrates the application of a general principle of due diligence (obligation to exercise reasonable care and address harms to other states).

Summary of Custom

States adhere to consistent practice: Often due to a sense of legal obligation.
Widespread and repeated practice: By significant numbers of states over lengthy time frames.
Disadvantages: Can be challenging to prove. Often not specific.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Test your understanding of the sources of public international law, focusing on domestic and international law principles. Explore key concepts such as treaties, customary law, and the role of the International Court of Justice as outlined in Article 38. This quiz will challenge your knowledge of legal frameworks that govern international relations.