Sources of International Law Quiz

Sources of International Law

• Treaties are international agreements in written form, concluded between states, governed by international law. Participation in the UN automatically means that the treaty must be registered to be invoked before any UN body, including the ICJ.
• Customary international law emerges from consistent state practice, accompanied by a belief in its legality (opinio juris).
• General principles of law are fundamental legal concepts common to most legal systems. These principles inform and supplement international law when no treaty or customary law applies.
• Judicial decisions and the writings of highly qualified publicists are subsidiary sources of international law.

Treaty Reservations

• A reservation is a unilateral statement made when signing, ratifying, acceding to, or approving a treaty. It aims to exclude or modify certain treaty provisions' legal effect on the reserving state.
• Reservations are permissible unless expressly prohibited in the treaty, or if the reservation is incompatible with the treaty's object and purpose.
• Declarations clarify treaty interpretation without altering legal effect.

Customary International Law

• Customary international law consists of two elements: consistent state practice (objective) and the belief in the binding nature of the practice as law (opinio juris).
• Peremptory norms (jus cogens) are higher than customary law or treaties, and cannot be violated under any circumstances. Examples include prohibitions of genocide and aggression.

General Principles of Law

• General principles of law are widely recognized legal concepts that guide international law.
• They are common in various domestic legal systems but aren't derived from treaties or customary law.
• They are commonly used by international courts supplementing other sources of law.

Judicial Decisions and Scholarly Writings

• Judicial decisions of international courts (like the ICJ) are relevant but non-binding precedents.
• Writings of recognized scholars provide additional clarity on international legal principles. They are used to determine the appropriate interpretation or application of existing rules.

Statehood

• Criteria for statehood typically include a permanent population, a defined territory, a government, and the capacity to enter into relations with other states.
• The existence of a state is determined by factual criteria rather than recognition.
• The dominant view is that a state exists if it meets the criteria laid down in international law, regardless of whether states have given it recognition. This view is known as the declarative theory of statehood.

State Responsibility

• An internationally wrongful act by a state triggers state responsibility.
• Attributes conduct to the state.
• State conduct must breach a pre-existing international obligation stemming from treaties, customary law, or general principles of law.

International Organizations

• International organizations possess international legal personality, derived from their constituent instruments – allowing them to engage in international relations and have rights and responsibilities.
• Membership is established through treaty agreement with states acting through appropriate authorities and with the appropriate documentation.

Individuals

• While traditionally considered objects of international law, individuals are increasingly recognized as subjects of international law with rights and obligations (e.g. human rights treaties).
• Their rights can be advanced before international tribunals or special courts.

Non-Governmental Organizations (NGOs)

• Non-governmental organizations (NGOs) play an important role in international affairs, influencing state practice, contributing to lawmaking, and providing resources to international organizations and other entities, but they do not have international legal personality.

International Criminal Law

• International criminal law deals with individuals who commit severe international crimes.
• These can include war crimes, crimes against humanity, genocide, and aggression.
• States are responsible for investigating, prosecuting, or extraditing perpetrators of these crimes.

Law of Armed Conflict

• LOAC governs states, groups, individuals, and the protection of persons during conflict.
• LOAC aims to limit the effects of armed conflict by establishing rules for conduct.
• It dictates rules of engagement during armed conflict and the types of permissible weapons.

Law of the Sea

• The Law of the Sea (LOSC) establishes a framework for the rights and responsibilities of states with respect to the sea.
• Includes various zones (e.g., territorial sea, EEZ) with varying degrees of state sovereignty.
• Navigational rights, resource exploitation, and environmental protections are covered.

Law of the Global Commons

• The concept of global commons refers to resources not under one state's jurisdiction.
• Examples include Antarctica, outer space, and the high seas.

Transitional Justice

• Transitional justice mechanisms help societies come to terms with past violations.
• This includes mechanisms like truth commissions and reparations to help individuals who have been harmed by past violations and also helps societies as a whole resolve past conflicts and achieve a more stable society.