22 Questions
What is the primary purpose of the International Law Commission (ILC) according to the text?
To promote the progressive development of international law and its codification
What role do general principles of international law play in preventing non liquet situations?
They prevent courts from being unable to decide a dispute due to a shortage of applicable law
In what context did the Court rely on equitable principles in the North Sea Continental Shelf Cases?
When delimiting the continental shelf between West Germany, the Netherlands, and Denmark
What distinguishes 'hard law' from 'soft law' according to the text?
'Hard law' is legally binding while 'soft law' is not
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
What is a particularly important type of soft law commitment mentioned in the text?
Resolutions and declarations adopted by the United Nations General Assembly
What makes identifying relevant legal sources in international law challenging?
Lack of a universal legislature and compulsory jurisdiction system
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
What is the function of the International Court of Justice (ICJ) according to the text?
To decide disputes in accordance with international law
Why may legal obligations in international law derive from more than one particular source?
Due to the lack of a centralized legal system
Which subsidiary means for determining rules of law is listed in Article 38(1) of the ICJ Statute?
Judicial decisions and teachings of publicists
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.
What is the legal basis of treaty-based obligations according to the text?
State consent
What does 'pacta sunt servanda' refer to?
The binding nature of treaties on the parties
What distinguishes a bilateral treaty according to the text?
It involves two states and resembles a contract
Which element of state practice in forming customary law requires behavior to be reasonably uniform?
Consistency
What is the purpose of the 'persistent objector rule' mentioned in the text?
To protect a state from emerging customary rules
In theory, what type of state acts can be considered as part of state practice for forming customary law?
Physical acts and verbal acts
'Generality' in forming customary law refers to what aspect of state practice?
Widespread participation in the practice
'The way things are done' is associated with which element of state behavior according to the text?
'Duration'
'The belief that the practice is legally binding' is associated with which element of state behavior?
'State practice'
Which term refers to the emerging potential ten-mile rule mentioned in the context of the Fisheries Case?
'Emerging customary rule'
Test your knowledge on the sources of international law, including the challenges in identifying and applying these sources. Understand the differences between domestic and international legal systems.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
