Law - 03 Sources

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What is the primary purpose of the International Law Commission (ILC) according to the text?

To enforce international agreements through judicial decisions

To establish a system for punishing states that violate international law

To promote the progressive development of international law and its codification (correct)

To create legally binding norms between states

What role do general principles of international law play in preventing non liquet situations?

They are used to enforce legally binding norms

They ensure that states act honestly in fulfilling their obligations

They provide a basis for swift legal sanctions against violators

They prevent courts from being unable to decide a dispute due to a shortage of applicable law (correct)

In what context did the Court rely on equitable principles in the North Sea Continental Shelf Cases?

To establish a basis for legal sanctions against states

When delimiting the continental shelf between West Germany, the Netherlands, and Denmark (correct)

To enforce hard law norms against the parties involved

To create soft law instruments for international environmental law

What distinguishes 'hard law' from 'soft law' according to the text?

'Hard law' is legally binding while 'soft law' is not Signup and view all the answers

Why do states commonly create norms of behavior that are non-legally binding?

To establish a faster and more flexible way of creating expectations of behavior Signup and view all the answers

What is a particularly important type of soft law commitment mentioned in the text?

Resolutions and declarations adopted by the United Nations General Assembly Signup and view all the answers

What makes identifying relevant legal sources in international law challenging?

Lack of a universal legislature and compulsory jurisdiction system Signup and view all the answers

Which of the following is NOT listed as a source of international law in Article 38(1) of the ICJ Statute?

General principles of domestic law Signup and view all the answers

What is the function of the International Court of Justice (ICJ) according to the text?

To decide disputes in accordance with international law Signup and view all the answers

Why may legal obligations in international law derive from more than one particular source?

Due to the lack of a centralized legal system Signup and view all the answers

Which subsidiary means for determining rules of law is listed in Article 38(1) of the ICJ Statute?

Judicial decisions and teachings of publicists Signup and view all the answers

What does Article 59 provide for regarding sources of international law?

It contains provisions related to the use of subsidiary means for determining rules of law. Signup and view all the answers

What is the legal basis of treaty-based obligations according to the text?

State consent Signup and view all the answers

What does 'pacta sunt servanda' refer to?

The binding nature of treaties on the parties Signup and view all the answers

What distinguishes a bilateral treaty according to the text?

It involves two states and resembles a contract Signup and view all the answers

Which element of state practice in forming customary law requires behavior to be reasonably uniform?

Consistency Signup and view all the answers

What is the purpose of the 'persistent objector rule' mentioned in the text?

To protect a state from emerging customary rules Signup and view all the answers

In theory, what type of state acts can be considered as part of state practice for forming customary law?

Physical acts and verbal acts Signup and view all the answers

'Generality' in forming customary law refers to what aspect of state practice?

Widespread participation in the practice Signup and view all the answers

'The way things are done' is associated with which element of state behavior according to the text?

'Duration' Signup and view all the answers

'The belief that the practice is legally binding' is associated with which element of state behavior?

'State practice' Signup and view all the answers

Which term refers to the emerging potential ten-mile rule mentioned in the context of the Fisheries Case?

'Emerging customary rule' Signup and view all the answers

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