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Questions and Answers

What are the two elements of customary international law?

  • Opinio juris and national legislation
  • Sufficient state practice and opinio juris (correct)
  • International treaties and diplomatic correspondence
  • State practice and bilateral agreements
  • Which of the following is not listed by the International Law Commission as a form of evidence of customary international law?

  • Bilateral agreements (correct)
  • National legislation
  • Treaties
  • Decisions of national and international courts
  • What is jus cogens?

  • A decision of the International Court of Justice
  • A bilateral agreement between two states
  • A form of evidence of customary international law
  • A principle of international law that is accepted by the international community of states as a norm from which no derogation is ever permitted (correct)
  • What is the significance of the recognition of customary international law by the International Court of Justice?

    <p>It means that customary international law is legally binding on all states (A)</p> Signup and view all the answers

    What is the difference between customary international law and international treaties?

    <p>Customary international law is legally binding on all states, while international treaties are only binding on the states that have consented to them (C)</p> Signup and view all the answers

    What is the existence of bilateral customary law?

    <p>A bilateral agreement between two states that has become customary international law (D)</p> Signup and view all the answers

    What are some examples of customary international law?

    <p>The immunity of visiting foreign heads of state and national legislation (A)</p> Signup and view all the answers

    When will parties that have not ratified a treaty be bound to observe its provisions?

    <p>In good faith (A)</p> Signup and view all the answers

    What did the United Nations Security Council do in 1993 regarding the Geneva conventions?

    <p>They adopted the Geneva conventions as customary international law (B)</p> Signup and view all the answers

    Flashcards

    Jus Cogens

    A principle of international law that is accepted by the international community of states as a norm from which no derogation is ever permitted.

    Customary International Law

    International law that arises from the consistent practice of states, which they have come to accept as legally binding.

    Opinio Juris

    The belief of states that a certain practice is legally binding.

    State Practice

    The repeated and consistent practice of states in their international relations.

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    Difference between Customary & Treaty Law

    International treaties are only binding on the states that have consented to them, while customary international law is binding on all states.

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    ICJ and Customary Law

    The International Court of Justice has recognized that customary international law is legally binding on all states.

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    Bilateral Customary Law

    An agreement between two states that has become a generally accepted practice and thus a part of customary international law.

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    Geneva Conventions & Customary Law

    The Geneva Conventions were adopted as customary international law by the United Nations Security Council in 1993.

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    Obligation to Observe Treaty Provisions

    States that have not ratified an international treaty may be bound by its provisions if they have consistently acted in accordance with the treaty and have recognized its legal obligations.

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    Study Notes

    Customary International Law: Key Points

    • Customary international law is an aspect of international law involving the principle of custom.
    • Customary international law has two elements: sufficient state practice and opinio juris.
    • The International Law Commission listed the following sources as forms of evidence of customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations.
    • Jus cogens is a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation is ever permitted.
    • Some international customary laws have been codified through treaties and domestic laws, while others are recognized only as customary law.
    • Generally, sovereign nations must consent in order to be bound by a particular treaty or legal norm. However, international customary laws are norms that have become pervasive enough internationally that countries need not consent in order to be bound.
    • The Statute of the International Court of Justice acknowledges the existence of customary international law in Article 38(1)(b).
    • The two essential elements of customary international law are state practice and opinio juris.
    • The existence of bilateral customary law was recognized by the International Court of Justice.
    • Other examples accepted or claimed as customary international law include immunity of visiting foreign heads of state and the principle of non-refoulement.
    • The United Nations Security Council in 1993 adopted Geneva conventions as customary international law.
    • Parties which have not ratified said treaty will be bound to observe its provisions in good faith.

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    Description

    Test your knowledge of Customary International Law with this informative quiz! From the essential elements of state practice and opinio juris to the sources of evidence for customary international law, this quiz covers it all. Discover the fundamental principles of Jus cogens and learn about the recognition and codification of international customary laws. Don't miss the chance to challenge your understanding of this important aspect of international law. Take the quiz now!

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