Sources of International Law: Custom - Lecture 3
14 Questions
7 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What are the two fundamental elements of custom in international law?

  • Actual practice and acceptance (correct)
  • Actual practice and repetition
  • Material fact and generality
  • Duration and consistency

Which elements are relevant in determining whether a practice may form the basis of a binding international custom?

  • Duration, consistency, and repetition (correct)
  • Material fact, acceptance, and legality
  • Generality, aggression, and diplomacy
  • Delegation, negotiation, and intervention

What does customary law refer to in international law?

  • Legal norms developed through aggression
  • Laws developed through diplomatic exchanges
  • Legal obligations arising between states (correct)
  • Legal norms developed through traditional customs

What can cause customs to change in international law?

<p>Acceptance or rejection by states (D)</p> Signup and view all the answers

What are some principles of customary law that have achieved the force of imperative norms considered to be?

<p>Norms that cannot be violated or altered (C)</p> Signup and view all the answers

What is considered to be the source of international law referred to as 'international custom' according to the ICJ’s statute?

<p>A general practice accepted as law (B)</p> Signup and view all the answers

What distinguishes customary international law from treaty law?

<p>Customary law is based on universal acceptance, while treaty law consists of explicit agreements between nations. (A)</p> Signup and view all the answers

What must be shown to establish the structure of a customary law?

<p>One behavioral element and one psychological element (D)</p> Signup and view all the answers

Which legal system is based on the economic, political, and social policies of the state?

<p>Commercial legal system in Marxist-socialist economies (D)</p> Signup and view all the answers

What practice do international tribunals regard local law as being?

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

How is customary international law received in most countries?

<p>In accordance with the doctrine of incorporation (D)</p> Signup and view all the answers

What principle governs reception rules for treaties?

<p>Constitutional structure of the ratifying state and nature of the treaty (D)</p> Signup and view all the answers

What must a court determine in order to treat a particular rule of international law as applicable in a case?

<p>Whether the rule has been received into local jurisprudence (A)</p> Signup and view all the answers

What are the bases for the majority of the legal systems in the world?

<p>Common law, civil or code law, Islamic law, and commercial legal system (B)</p> Signup and view all the answers

More Like This

Use Quizgecko on...
Browser
Browser