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Questions and Answers
What is an Exequatur in continental law?
What is an Exequatur in continental law?
A country with a defined territory and a permanent population is automatically recognized as a state under international law.
A country with a defined territory and a permanent population is automatically recognized as a state under international law.
False
What does 'Pacta sunt servanda' signify in international law?
What does 'Pacta sunt servanda' signify in international law?
Obligations must be kept.
The Montevideo Convention outlines the qualifications of a state including a permanent population, __________, government, and capacity to enter into relations with other states.
The Montevideo Convention outlines the qualifications of a state including a permanent population, __________, government, and capacity to enter into relations with other states.
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Match the following subjects of international law with their descriptions:
Match the following subjects of international law with their descriptions:
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What is the status of the international seabed and its resources?
What is the status of the international seabed and its resources?
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High seas are areas where no state has sovereignty and are governed solely by national laws.
High seas are areas where no state has sovereignty and are governed solely by national laws.
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What principle protects landlocked countries' access to the sea?
What principle protects landlocked countries' access to the sea?
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The process of determining maritime boundaries between states involves _______________.
The process of determining maritime boundaries between states involves _______________.
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Match the following concepts with their definitions:
Match the following concepts with their definitions:
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Which of the following statements about the International Seabed Authority is true?
Which of the following statements about the International Seabed Authority is true?
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A state's flag gives it the right to exercise jurisdiction over ships on the high seas regardless of where they are flagged.
A state's flag gives it the right to exercise jurisdiction over ships on the high seas regardless of where they are flagged.
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What term describes the legal authority of a state to enforce laws within its own territory?
What term describes the legal authority of a state to enforce laws within its own territory?
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Which of the following is NOT a formal source of international law?
Which of the following is NOT a formal source of international law?
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International law operates on a vertical system with a clear hierarchy among actors.
International law operates on a vertical system with a clear hierarchy among actors.
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What are the four primary sources of international law recognized by the Statute of the ICJ?
What are the four primary sources of international law recognized by the Statute of the ICJ?
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The ____ establishes rules recognized by the contracting states.
The ____ establishes rules recognized by the contracting states.
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Match the source of international law with its description:
Match the source of international law with its description:
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Which source fills gaps when neither treaties nor customs provide clear rules?
Which source fills gaps when neither treaties nor customs provide clear rules?
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Judicial decisions of the ICJ create new international law.
Judicial decisions of the ICJ create new international law.
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What role do international law commissions play in the formation of international law?
What role do international law commissions play in the formation of international law?
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The practice that contributes to international law, although it doesn’t create law, is referred to as the ICJ's _____.
The practice that contributes to international law, although it doesn’t create law, is referred to as the ICJ's _____.
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Which principle is NOT considered a form of international law?
Which principle is NOT considered a form of international law?
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What principle allows a state to claim jurisdiction based on the location of a crime?
What principle allows a state to claim jurisdiction based on the location of a crime?
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The Nottebohm principle emphasizes that dual nationality automatically grants equal rights to both countries.
The Nottebohm principle emphasizes that dual nationality automatically grants equal rights to both countries.
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What was the primary significance of the Nuremberg Charter?
What was the primary significance of the Nuremberg Charter?
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Under the protective principle, jurisdiction can be claimed for acts that threaten national __________.
Under the protective principle, jurisdiction can be claimed for acts that threaten national __________.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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Which treaty aims to address the act of torture?
Which treaty aims to address the act of torture?
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Under the Universal Jurisdiction principle, states can prosecute individuals for crimes solely based on their citizenship.
Under the Universal Jurisdiction principle, states can prosecute individuals for crimes solely based on their citizenship.
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What is the primary focus of the International Criminal Court (ICC)?
What is the primary focus of the International Criminal Court (ICC)?
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The __________ principle allows states to claim jurisdiction when crimes are committed against their nationals abroad.
The __________ principle allows states to claim jurisdiction when crimes are committed against their nationals abroad.
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Which treaty addresses the safety of UN personnel?
Which treaty addresses the safety of UN personnel?
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Which of the following exemplifies a merger of two states?
Which of the following exemplifies a merger of two states?
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The territorial sea extends for 12 miles from the baseline.
The territorial sea extends for 12 miles from the baseline.
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What legal term describes land that does not have a sovereign?
What legal term describes land that does not have a sovereign?
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The term '_______' refers to the principle that newly independent states follow established administrative structures from former states.
The term '_______' refers to the principle that newly independent states follow established administrative structures from former states.
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Match the following events with their outcomes:
Match the following events with their outcomes:
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Which statement about the law of the sea is correct?
Which statement about the law of the sea is correct?
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Territory is not a major component of a state's legal personality.
Territory is not a major component of a state's legal personality.
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What treaty is commonly associated with the cessation of territory, such as in the case of Alaska?
What treaty is commonly associated with the cessation of territory, such as in the case of Alaska?
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The area below the baseline is referred to as __________ waters.
The area below the baseline is referred to as __________ waters.
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What can a coastal country do regarding warships passing through its territorial sea?
What can a coastal country do regarding warships passing through its territorial sea?
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Study Notes
Sources of International Law
- International legal systems are both vertical (hierarchical) and horizontal (equal actors).
- The Statute of the International Court of Justice (ICJ) Article 38(1) outlines the primary sources of international law:
- International conventions (treaties)
- International customs (general practice)
- General principles of law recognized by civilized nations
- Judicial decisions and teachings of scholars
Law Creating
- Treaties: agreements establishing rules recognized between contracting states
- Customs: general practices evolving into law over time
- General Principles: fundamental legal concepts shared across national systems, filling gaps in treaties and customs
Law Determining
- Judicial decisions: set precedents and practices
- International Law Commissions: scholars determine what should be Law
- Tribunals: rulings define what the law is
Formal Sources
- Treaties and customary law are formal sources: methods of establishing law
Material Sources
- Factors influencing the content and development of legal rules, not the formal recognition itself
Custom
- The primary source of international law, defined by states' consistent behavior
Customary Elements
- Duration: consistent behavior over time
- Consistency: similar behavior by states
- Repetition: repeated actions over time
- Condition of state: state advancement and economic factors affect the requirements of custom
Behaviour vs Other Factors
- Distinguishing between custom from behavior due to other factors requires examining if the state believes the action is a legal obligation
- Customs are the result of behavior stemming from the belief that the behavior is a legal action.
State Legislation
- State legislation can become international law if it fulfils the requirements of customary law: Duration, consistency and repetition.
Persistent Objector
- A state that consistently and explicitly objects to a custom's formation during that formation process is exempt from that custom.
Subsequent Objector
- Rejection of custom after its existence due to valid reasons (ex: not being able to object earlier during the formation)
General Principles of Law
- Defined in the ICJ statute, 38(1).
- Natural law concepts like the right to life.
- Implementing national law practice or rulings.
Treaties
- Primary vehicle for declaring international obligations.
- Elaborated, explicit form of legal declaration
- Based on the principle of "Pacta sunt servanda" (agreements must be kept).
- Guided by the Vienna Convention on the Law of Treaties (1969).
Treaty Classification
- Treaty: general legally binding instruments
- Charter: treaties with strong legal weight
- Convention: major multilateral agreements
- Agreement: deals with specific issues
- Pact: legally binding agreements
- Statute: functional agreements with explanatory content
- Covenant: multilateral agreements in human rights
- Declaration: multilateral instruments with potentially legally binding elements
Classification of Treaty
- Bilateral: agreements between two states on a specific issue (e.g., trade, security).
- Multilateral: agreements among various countries (e.g., regional or universal).
- Law-making treaties: establish international standards
- Codification treaties: assemble existing customs
Reservations and Declarations
- Reservations: limit the scope of a treaty's application to a specific state.
- Declarations: explain how a state will apply a treaty's obligations.
Judicial Decisions
- Tribunals that decide laws with international validity.
- International Arbitral Tribunals: resolve disputes
- International Court of Justice (ICJ): settles legal disputes between states
- Advisory opinions: explain legal issues.
- Formal decisions establish norms, but don't make the law.
UN Resolutions
- Reflect continuous practices.
- Can be evidence of international law principles. (ex: UNGA and UNSC resolutions)
International Law vs National Law
- Monist Theory: International and national law are a single system, with international law prevailing.
- Dualist Theory: separate legal systems, with national law requiring adaptation or adoption of international law
Implementing International Obligations
- Different methods exist for states to implement international obligations into their national legal systems.
State Succession
- What happens when states change fundamental elements (e.g., collapse of a regime, regime change).
- How states comply with treaties and international obligations after a change in leadership or structure.
- Continuity vs Succession
- Categories of treaties subject to negotiations
Law of the Sea
- Territorial sea: 12 nautical miles from the coast
- Exclusive economic zone (EEZ): 200 nautical miles from the coast.
- Continental shelf: extended submerged landmass under a coastal state.
- High seas: beyond national jurisdictions.
Jurisdiction
- Territorial jurisdiction: law of a state applies only over its territory.
- Nationality jurisdiction: law of a state applies to its nationals.
- Passive personality jurisdiction: law of a state applies to crimes committed against its nationals.
- Protective principle jurisdiction: law of a state applies to crimes that threaten its security.
- Universal jurisdiction: law of a state applies to crimes against all humankind.
- Extra-territorial jurisdiction: a state's law applies to something outside its territory.
- Extraterritorial Application: a state's law applies regarding events that occur outside the territory or to objects outside the territory.
Heads of State
- Heads of states benefit from immunity, however this might not apply if the crime is against humanity.
Waiver of Immunity
- A state can decide not to invoke its immunity.
Immunities from Jurisdiction
- Absolute Sovereignty Theory: Sovereign immunity.
- Restrictive Theory: distinguishes sovereign functions from non-sovereign activities.
- The decision to invoke immunity depends on the specific facts of each case and the nature of the claim.
State Succession
- What happens when a state changes, collapses, or is created.
- How treaties continue or change after.
- Different types of situations (merger, secession, dissolution).
Other Sources of International Law
- Teachings of scholars
- Practices of international organisations and institutions
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Description
Explore the primary sources and principles of international law through this quiz. Understand the distinctions between treaties, customs, and general principles, and learn how judicial decisions influence the development of international legal systems. Test your knowledge on how law is created and determined globally.
