03 Sources of International Law MCQs

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Questions and Answers

What characterizes the sources of international law compared to domestic law?

International law sources derive from a single universal authority.

Domestic law sources are often decentralized and complex.

Domestic law does not require consent from states to create obligations.

International law lacks a universal legislature and compulsory jurisdiction. (correct)

Which of the following is NOT considered a source of international law under Article 38(1) of the ICJ Statute?

International custom accepted as law

General principles of law recognized by civilized nations

Judicial decisions from local courts (correct)

International conventions recognized by states

What principle ensures that treaties are binding on the parties involved?

Consensus ad idem

Pacta sunt servanda (correct)

Acta non verba

Lex specialis derogat legi generali

What is a hallmark of a bilateral treaty?

It governs an issue of mutual interest between two states. Signup and view all the answers

Which of the following best describes the nature of consent in treaty law?

Consent is critical for creating binding legal obligations. Signup and view all the answers

What does 'general practice accepted as law' refer to in the context of international law?

Customary international law Signup and view all the answers

How do the sources of international law differ from those of domestic law?

International law sources may come from multiple origins. Signup and view all the answers

Which of the following sources of international law is explicitly established and recognized by states through formal agreement?

International treaties Signup and view all the answers

What defines a constituent treaty?

A treaty that forms an international organization Signup and view all the answers

Which of the following is NOT an element required for the formation of customary international law?

Documented written agreements Signup and view all the answers

In the context of state practice, what is the significance of the persistent objector rule?

It only applies to new and emerging customary rules Signup and view all the answers

What is the role of 'opinio juris' in customary international law?

It differentiates between legal obligations and non-legal motivations Signup and view all the answers

Which of the following describes the 'general principles of law recognized by civilized nations'?

They are only relevant in cases lacking any applicable law Signup and view all the answers

What distinguishes 'hard law' from 'soft law' in international relations?

Soft law is more easily modified and is not legally binding Signup and view all the answers

What is emphasized by the requirement for 'consistency' in state practices regarding customary law?

Similar actions must be taken by states over a reasonable period Signup and view all the answers

In which of the following cases could evidence of customary law primarily be derived?

Diplomatic statements and actions Signup and view all the answers

What is a characteristic of generality in the formation of customary international law?

It considers extensive participation by states in a practice Signup and view all the answers

What is one reason why soft law has become prominent in international environmental law?

The development of soft law can be more rapid and flexible Signup and view all the answers

What type of law does the International Law Commission (ILC) primarily aim to develop?

Progressive development and codification of international law Signup and view all the answers

Which of the following is a key aspect of judicial decisions in international law?

They primarily serve as guidance rather than legally binding rules Signup and view all the answers

Which of the following statements about the ICJ's decisions is true?

Only the states involved in the case are bound by the decisions Signup and view all the answers

In customary international law, what does the limitation of duration imply?

Limited duration does not necessarily bar the recognition of new customs Signup and view all the answers

Study Notes

Sources of International Law

International law is a decentralized legal system, where legal obligations can derive from multiple sources.
Article 38(1) of the ICJ Statute outlines the main sources of international law:
- International conventions: Treaties are the most direct and formal way for states to create legal obligations. Treaties are based on state consent and only bind the consenting states. The principle pacta sunt servanda means states are obliged to honor their treaty-based obligations.
- International custom: Customary law arises from states following a general practice and accepting it as legally binding. It involves both objective (state practice) and subjective (belief in legal obligation) elements.
- General principles of law: Prevent the Court from being unable to decide a dispute due to lack of applicable law. Equity and good faith are key general principles.
- Judicial decisions and teachings of publicists: These are considered subsidiary means for determining rules of law, with ICJ decisions binding only on the parties to the case.

International Customary Law

International customary law emerges from state practice accepted as legally binding.
Objective element: State practice must be:
- Consistent: Reasonably uniform.
- Durable: Evolutive over time, through years of repeated behavior.
- General: Widespread participation.
Subjective element (Opinio Juris): States must believe the practice is legally binding.
The persistent objector rule allows a state to avoid being bound by an emerging customary rule by persistently objecting to the practice. This only applies to new customary rules.
New states are bound by existing customary law.

Treaty Law

Bilateral treaties: Govern a particular issue between two states, resembling a contract.
Multilateral treaties: Have general application and possess ‘law-making’ features.
Constituent treaties: Establish international organizations.

Soft Law

Non-legally binding norms of behavior, compared to 'hard law' which is legally binding.
Often used in international environmental law.
Examples include the Stockholm Declaration and the Rio Declaration.
Soft law instruments:
- Creation is generally faster and more flexible than hard law.
- Violations do not result in legal sanctions, but may carry political consequences.
Resolutions and declarations adopted by the United Nations General Assembly are important forms of soft law.

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Description

Explore the various sources that contribute to international law, including conventions, customs, general principles, and judicial decisions. This quiz will help you understand how these elements interact to form a decentralized legal system. Test your knowledge and deepen your understanding of legal obligations in international relations.