Roman Law and International Relations Quiz

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Questions and Answers

What was the significance of the jus civile in early Roman law?

The jus civile applied only to Roman citizens and reflected a formalistic approach that was insufficient for a growing nation.

How did the jus gentium differ from the jus civile?

The jus gentium provided simplified rules for governing relations between foreigners and citizens, contrasting with the exclusive nature of the jus civile.

Who was the Praetor Peregrinus and what role did he play in Roman law?

The Praetor Peregrinus was an official responsible for overseeing legal relationships involving foreigners and ensuring the applicability of jus gentium.

In what way did Francisco Vitoria contribute to the development of international law?

<p>Vitoria advocated for recognizing Indian peoples as nations with legitimate interests and emphasized that war against them required a just cause.</p> Signup and view all the answers

What was Vitoria's stance on the equality of Indian nations compared to European Christian states?

<p>Vitoria did not recognize Indian nations as equal to Christian states, justifying war against them under certain circumstances.</p> Signup and view all the answers

How does the approach to international law during the Spanish Golden Age reflect on modern concepts of sovereignty?

<p>The Spanish philosophers emphasized legitimate interests of all nations, which resonates with contemporary concepts of sovereignty and mutual respect.</p> Signup and view all the answers

What distinguishes the Roman legal tradition from the Greek experience regarding the treatment of foreigners?

<p>The Roman legal tradition, through jus gentium, aimed to establish a common law applicable to foreigners, unlike the more exclusionary Greek approach.</p> Signup and view all the answers

What are the core rights protected under Article 3 of the Universal Declaration of Human Rights?

<p>Liberty and security of the person.</p> Signup and view all the answers

What does Article 7 of the Universal Declaration of Human Rights guarantee?

<p>Equality before the law.</p> Signup and view all the answers

Which article prohibits torture according to the Universal Declaration of Human Rights?

<p>Article 5.</p> Signup and view all the answers

Explain the significance of the Universal Declaration of Human Rights despite being non-legally binding.

<p>It has influenced the constitutions of many states and has contributed to the evolution of international law.</p> Signup and view all the answers

What is required for a state to qualify as a subject under traditional definitions of international law?

<p>It must have territory, a population, a government, and the ability to engage in foreign relations.</p> Signup and view all the answers

What social rights are covered in the Universal Declaration of Human Rights?

<p>The right to work, social security, and education.</p> Signup and view all the answers

What does Article 12 of the Universal Declaration of Human Rights protect?

<p>Protection against arbitrary interference with privacy.</p> Signup and view all the answers

How has the Universal Declaration of Human Rights influenced international organizations?

<p>It marked a key development in the evolution of individual human rights and international cooperation.</p> Signup and view all the answers

Which rights are guaranteed under Article 18 of the Universal Declaration of Human Rights?

<p>Freedom of conscience and religion.</p> Signup and view all the answers

What immediate impact did the advent of nuclear arms have on Europe?

<p>It created a status quo and a balance of terror.</p> Signup and view all the answers

How does international terrorism challenge the norms of international law?

<p>It poses new challenges while requiring respect for state sovereignty and human rights.</p> Signup and view all the answers

In what areas has international law expanded since World War II?

<p>International law has expanded to include human rights, environmental protection, and outer space exploration.</p> Signup and view all the answers

What is the unique role of the Security Council in international relations?

<p>It has the power to adopt binding resolutions on member states.</p> Signup and view all the answers

Identify one purpose behind the creation of regional organizations like NATO.

<p>To ensure military security among member states.</p> Signup and view all the answers

Which two organizations reflect cultural identity in their formation?

<p>The Organisation of African Unity (now African Union) and the Organisation of American States.</p> Signup and view all the answers

What aspect of international law has involved the inclusion of non-state entities?

<p>International law now includes individuals, groups, and international organizations.</p> Signup and view all the answers

What main concern did international law initially focus on after WWII?

<p>The preservation of peace.</p> Signup and view all the answers

What significant technological capability has raised questions about ocean exploitation?

<p>The technological capacity to mine the oceans.</p> Signup and view all the answers

What has been a driving factor in the reappraisal of international law structures?

<p>Modern developments such as international terrorism and technological advancements.</p> Signup and view all the answers

What is the significance of sovereign immunity in relation to foreign ambassadors within a host state's territory?

<p>Sovereign immunity prevents host states like the UK from exercising jurisdiction over foreign ambassadors, recognizing the sovereignty and legal equality of foreign states.</p> Signup and view all the answers

How does the concept of non-justiciability relate to sovereign immunity?

<p>Non-justiciability posits that certain actions of foreign sovereign states are beyond the jurisdiction of domestic courts, aligning with the principles of sovereign immunity.</p> Signup and view all the answers

What led to the modification of the absolute immunity approach in relation to state activities?

<p>The growth in state involvement in commercial matters prompted the shift from absolute immunity to restrictive immunity to prevent state enterprises from gaining unfair advantages.</p> Signup and view all the answers

Differentiate between acts jure imperii and acts jure gestionis regarding sovereign immunity.

<p>Acts jure imperii are governmental acts that warrant immunity, while acts jure gestionis involve commercial activities that may be subject to jurisdiction.</p> Signup and view all the answers

What is the restrictive approach to sovereign immunity, and how does it differ from the absolute immunity approach?

<p>The restrictive approach allows jurisdictions over non-sovereign acts, contrasting with the absolute immunity that provides total protection for sovereign acts in all circumstances.</p> Signup and view all the answers

What is the primary difference between de jure and de facto recognition of a government?

<p>De jure recognition is formal and acknowledges a government's permanent control, while de facto recognition reflects a hesitant assessment and acceptance based on current facts.</p> Signup and view all the answers

In what circumstances might de jure recognition follow de facto recognition?

<p>De jure recognition may follow de facto recognition when the recognising state overcomes doubts about the effective control of the government.</p> Signup and view all the answers

Give an example of a state that was recognized de facto before being recognized de jure, as mentioned in the text.

<p>The United Kingdom recognized the Soviet government de facto in 1921 and de jure in 1924.</p> Signup and view all the answers

How did the UK manage its recognition during the Spanish Civil War?

<p>The UK recognized the Republican government as de jure but extended de facto recognition to Franco's forces as they gained control.</p> Signup and view all the answers

What legal conditions govern the extinction of statehood?

<p>Statehood can be extinguished through merger, absorption, or dismemberment, but it requires adherence to international law for recognition.</p> Signup and view all the answers

List the factors that can lead to the extinction of statehood.

<p>Factors include merger, absorption, dismemberment, and consensual dissolution.</p> Signup and view all the answers

Is it legally permissible for a state to become extinct due to the illegal use of force?

<p>No, a state cannot become extinct as a result of the illegal use of force according to international law.</p> Signup and view all the answers

What role does international law play in the dissolution of a state?

<p>International law dictates the legal outcomes associated with the factual disappearance of a state.</p> Signup and view all the answers

What historical events indicate that state extinction can occur by consent?

<p>Historical events illustrating consensual state extinction are rare but can be inferred from examples of voluntary mergers or treaties.</p> Signup and view all the answers

What is the significance of recognizing political realities in state recognition?

<p>Recognizing political realities allows states to act according to their interests and current facts, influencing their diplomatic relations.</p> Signup and view all the answers

Flashcards

Jus Civile

The early Roman legal system only applied to Roman citizens and was rigid and formalistic.

Jus Gentium

The body of Roman law that applied to non-citizens, simplifying rules for interactions between them and citizens.

Praetor Peregrinus

An official responsible for overseeing legal relationships between foreigners and citizens and within the Roman Empire.

Francisco Vitoria

The Spanish philosopher known for arguing that native peoples should be considered nations with valid interests and included in international law.

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Universal Law of Nature

The idea that certain rules or principles apply universally, regardless of nationality or cultural differences.

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Vitoria's view of native nations

The belief that the native people of the Americas should be recognized as nations with their own rights and interests.

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Just Cause for War

A just reason for war, according to Vitoria, such as opposing the spread of Christianity.

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What is international law?

The set of rules that controls how countries interact with each other.

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What does it take to be a 'subject' of international law?

A country must have its own territory, people, government, and the ability to interact with other countries.

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What is the Universal Declaration of Human Rights?

The Universal Declaration of Human Rights is a document outlining fundamental rights and freedoms for all people.

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What are some key rights covered by the Universal Declaration of Human Rights?

The Universal Declaration of Human Rights has 30 articles covering a wide range of individual rights, including liberty, equality, security, and freedom of expression.

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What social and economic rights are included in the Universal Declaration of Human Rights?

The Declaration also includes social and economic rights like the right to work, social security, and education.

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Is the Universal Declaration of Human Rights legally binding?

The Universal Declaration of Human Rights is not legally binding in itself but has significantly influenced the constitutions of many countries and is considered a cornerstone of international law.

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What are some major developments in international law?

The rise of international organizations like the United Nations and the increasing recognition of individual human rights are key features of modern international law.

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How has international law developed?

International law is a complex and evolving system that has been continuously shaped by historical events and contemporary global challenges.

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What is the significance of sovereignty in international law?

The concept of sovereignty is important for understanding international law because it determines which entities are recognized as subjects of the international legal system.

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Sovereign Immunity

A legal principle that exempts foreign states from the jurisdiction of domestic courts. It's a fundamental component of international law, recognizing the sovereignty of states and their equality.

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Non-Justiciability

A legal doctrine where a state's actions are beyond the reach of a domestic court. It limits the power of the courts to review certain acts of foreign governments, particularly those related to foreign policy.

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Act of State Doctrine

The idea that domestic courts should refrain from adjudicating on the acts of a foreign government, even if those acts involve commercial activity.

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Absolute Immunity

A legal principle that provides complete immunity to a state from jurisdiction in any foreign court, regardless of the circumstances.

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Restrictive Immunity

A legal principle that restricts immunity to a state, providing immunity for acts related to governmental functions (acts jure imperii) but not for commercial activities (acts jure gestionis).

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Nuclear Arms

The ability of some nations to possess these weapons has caused significant concern and a shift in the global power balance.

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Ocean Mining

The process of claiming ownership and exploiting resources in international waters, leading to questions about fairness and distribution of wealth.

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International Terrorism

A growing international challenge that requires coordination among nations while respecting individual countries' rights and human rights.

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Reappraisal of International Law

The continuous examination and adaptation of international laws due to new global challenges and advancements.

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Scope of International Law

The application of international law has expanded from just maintaining peace to cover various aspects of modern life.

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Subjects of International Law

International law has expanded to include individuals, groups, and international organizations besides just nation-states.

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Growth of Regional Organizations

The rise of regional organizations like NATO and the African Union highlights a new trend in international relations.

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Expansion of International Law Fields

The expansion of international law to cover issues like trade, environment, human rights, and space exploration demonstrates its adaptability.

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Security Council's Powers

The Security Council's authority to make binding decisions for all UN members is unique in the history of international relations.

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States as Primary Subjects

Despite the increasing importance of non-state entities, nations still remain central actors in international law.

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De Jure Recognition

Formal recognition of a government, acknowledging its permanence and legality. It involves accepting the government's effective control and legitimacy.

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De Facto Recognition

A preliminary form of recognition, acknowledging a government's effective control but not necessarily its legitimacy. It's a 'wait and see' approach.

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Extinction of Statehood

A state ceasing to exist, typically through merger with another state, absorption by a larger entity, or dismemberment.

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Absorption of a State

When a state is absorbed into another larger entity, often losing its sovereignty.

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Dismemberment of a State

The division of a state into smaller, independent entities, which may or may not lead to the extinction of the original state.

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Annexation of a State

A situation where one state takes over another, usually by force, often with little or no international recognition.

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Merger of States

The process through which two or more states agree to merge and form a single state.

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International Law in State Extinction

The legal framework that governs the international recognition of statehood and its extinction.

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Kuwait Crisis of 1990

A case study demonstrating that states don't disappear simply due to illegal use of force or internal upheaval; international recognition matters.

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De Facto Sovereignty

The recognition of a government's authority to control a territory, even if its legality is not fully accepted.

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Study Notes

International Society and International Law

  • International society is heterogeneous (diverse) politically, economically, and culturally
  • International law has evolved over time, reflecting the changing values and concerns of international society
  • International law is a set of rules regulating state behavior, but also includes international organizations and, in some cases, individuals
  • International law is different from national law, primarily as its principal subjects are nation states, not individual citizens
  • International law comprises private and public international law.

Heterogeneity of International Society (IS)

  • More than 220 states exist with significant differences in:
    • Population size (e.g., China, India)
    • Economic power
    • Political influence
    • Cultural values

Historical Development of International Society

  • Early origins of international law are visible in ancient Mesopotamia and interactions between rulers of different city-states.
  • International law developed alongside the rise of the European nation-state and its relations, flourishing during the Renaissance.
  • The evolution was spurred by the Roman emphasis on organization and law, with the jus gentium providing legal framework for relations between foreigners and citizens.
  • The European Enlightenment and the Age of Reason, and the work of philosophers like Francisco Vitoria, are important for the development of modern international law.
  • The 19th and 20th centuries saw the proliferation of international organisations and treaties, including the League of Nations and the United Nations, increasing emphasis on international law, and the inclusion of non-state actors (e.g., individuals, multinational corporations).

Sources: International Treaties

  • International law is primarily formulated through international agreements and customary rules, which represent state practices widely accepted as binding.
  • Many international agreements have been established to address international issues (e.g., trade, environmental protection).
  • State practice is significant and often essential for customary law formation.
  • The majority of international law is followed in daily state interactions.

Sources: Custom

  • Customary law involves the practice of states alongside opinio juris (belief of legality)
  • Duration, consistency, repetition, and generality are key elements in customary law.
  • State practice is essential to establish the existence of customary law
  • The International Court of Justice often looks at state practice for guidance.

Sources: Acts of International Organizations

  • Acts of international organisations (e.g., resolutions of the General Assembly) can create new rules or clarify existing ones
  • There is a difference between binding and non-binding actions, but the UN treaties often establish rules and principles of international law.

Sources: Acts of the State (Ius Dispositivum)

  • The conduct of state entities (e.g. government agencies) can create international obligations
  • Individual acts of states can constitute evidence of rules
  • Municipal law (local law) is often a related, but separate, concept that is used to interpret obligations in international law.

Sources: General Principles of Law

  • General principles are legal tenets broadly recognised across global legal systems (e.g. due process),
  • This source is usually used to fill gaps in formal rules of international law.
  • States retain substantial legal personality in international law.
  • Certain international organizations also have international legal personality.
  • The international personality of individuals is also recognized, influenced by developments in human rights law.

State Organs, Diplomatic Relations, and International Law

  • Heads of state, ministers, ambassadors, diplomats, and representatives and other state organs all have jurisdictional rights.
  • Diplomatic activities require mutual consent.
  • Diplomatic privileges and immunities are important.
  • Treaties govern diplomatic relations and responsibilities.

State Elements: Creation, Recognition, and Extinction

  • Legal status hinges on meeting these conditions:
    • Permanent population
    • Defined territory
    • Effective government
    • Capacity to enter into relations with other states
  • Recognition is a separate but crucial process
  • Acquisition of territories is different from recognition when referring to the creation of a state; it focuses on the legal and practical processes for acquisition.
  • Existence or extinction of states may require the use of force, treaties or other legal methods.

Immunities

  • Sovereign immunity is important
  • States are immune from the jurisdiction of foreign courts relating to some official business.
  • State representatives and personnel also hold certain immunities in other states for official relations (e.g., diplomatic immunity).

Peaceful Dispute Settlement

  • Negotiation
  • Good offices
  • Mediation
  • Inquiry
  • Conciliation
  • Arbitration

International Law and the Use of Force

  • Just war theory, historical development of thought on justifiable wars, and its progression towards a contemporary understanding of state responsibility
  • The UN Charter's principle of prohibiting the use of force (article 2(4), and the 1970 declaration on principles of international law
  • Humanitarian intervention and the concept of 'responsibility to protect'(RtoP)
  • Categories of force such as retorsion, reprisals, and self-defense, and their relevance to permissible use of force in international affairs
  • The role of International Tribunals, including the International Court of Justice, in resolving and defining the application and interpretation of international law

International Humanitarian Law

  • The development and role of IHL
  • The key elements/principles of the various international conventions, like the Geneva Conventions, Additional Protocols I and II, etc.
  • The scope of protection offered by IHL (e.g. civilian and military persons/objectives, etc.).
  • The concept and application of the principle of 'distinction'

Other Spaces, Air, and Outer Space

  • Concepts of international watercourses and canals.
  • Importance of polar regions
  • The legal and governmental role of outer space.

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