Week 7: International Law in Domestic Legal Orders

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Questions and Answers

Which principle highlights the absence of a central authority in the international legal system?

Existence of a sovereign legislative body

Decentralization of legal functions (correct)

Unilateral enforcement of laws by states

Establishment of a global government

What distinguishes monism from dualism in the context of international law?

Dualism allows international law to have direct effect in domestic law

Dualism necessitates legislative measures for international law incorporation (correct)

Monism views international law as superior to domestic law

Monism advocates for the separation of national and international law

How is the term 'enforcement of international law' related to 'international dispute settlement'?

Both terms refer to judicial processes exclusively

Dispute settlement prevents the need for enforcement actions

Enforcement involves resolving disputes through coercion

Enforcement can lead to dispute settlement mechanisms (correct)

What characterizes a self-executing obligation in international law?

Is enforceable without domestic law incorporation Signup and view all the answers

Which statement best describes the role of the UN Security Council in the enforcement of international law?

It plays a limited role in law enforcement Signup and view all the answers

Which of the following describes the defenses against accountability in government decisions?

Failure to disclose information can lead to public mistrust Signup and view all the answers

What principle is crucial for ensuring fairness in administrative processes?

Inclusivity in the decision-making process Signup and view all the answers

Which of the following is NOT a characteristic of international legal systems compared to domestic systems?

There is a centralized enforcement authority Signup and view all the answers

What does Article 26 of the VCLT state regarding treaties?

Every treaty is binding upon the parties and must be performed in good faith. Signup and view all the answers

According to the principles of dualism, what distinguishes international law from domestic law?

International law applies only to states, while domestic law applies to individuals. Signup and view all the answers

Which enforcement mechanism is described as decentralized?

Diplomatic enforcement measures. Signup and view all the answers

What characterizes self-executing norms in international law?

They can be directly applied by domestic legal systems. Signup and view all the answers

How do monist theorists view the relationship between international and municipal law?

International law has supreme authority over municipal law. Signup and view all the answers

What is a primary challenge in ensuring compliance with international law?

The absence of effective enforcement mechanisms. Signup and view all the answers

What is the primary purpose of international responsibility in international law?

To hold states accountable for breaches of their international obligations. Signup and view all the answers

Which statement accurately reflects the decision-making process of international courts?

They are typically used as a last resort after other methods have failed. Signup and view all the answers

What is the significance of accountability in government decisions under international law?

It ensures compliance to international treaties and norms. Signup and view all the answers

Which of the following best describes the modern perspective on dualism?

International norms can now directly address individuals. Signup and view all the answers

In the Gabčíkovo-Nagymaros case, what was determined regarding damages?

Hungary was ordered to compensate Slovakia for its abandonment of the project. Signup and view all the answers

What is a key characteristic of the International Court of Justice (ICJ)?

It has a unique, general jurisdiction as the only inter-state tribunal. Signup and view all the answers

Why might international courts not address every aspect of a dispute?

They focus specifically on legal solutions and may exclude factual matters. Signup and view all the answers

How does the ICJ contribute to the peaceful settlement of disputes?

Through legal ruling mechanisms in line with Article VI of the UN Charter. Signup and view all the answers

What limitation is associated with international courts?

They cannot address sensitive or non-legal issues effectively. Signup and view all the answers

What mechanism can be used by states to enforce international legal obligations?

Countermeasures, reparations, or institutionalized sanctions. Signup and view all the answers

Study Notes

Week 7: The Reception of International Law in Domestic Legal Orders

International law is ordinarily applied through state organs.
Monism and dualism are relevant to differentiate between legal systems.
Self-executing obligations are directly applicable in domestic legal systems.
Enforcement of international law and international dispute settlement are related.
A 'dispute' is a disagreement of legal, factual aspects that must be through legal norms.
International law is normally observed by states.
Treaties are binding and parties must honour good faith in performing them.
States may not invoke internal law as justification for non-performance of a treaty.
Conditions of international law application are determined by domestic legal orders.
These conditions involve bringing domestic rules to be in conformity with international norms.
Adopting new laws or administrative regulations is also a condition.
International law looks mainly at the results.

Week 8: International Responsibility and Sanctions

Circumstances Precluding Wrongfulness in ARSIWA: Explore the circumstances that negate wrongfulness in the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA). Analyze the conditions and implications of these circumstances on state responsibility.
Shared Responsibility: Define and provide a detailed explanation of shared responsibility in international law contexts, showcasing relevant examples.
Responsibility of International Organizations: Determine circumstances where international organizations bear responsibility for internationally wrongful acts.
Sanctions vs. Countermeasures: Examine the concepts of sanctions and countermeasures, discussing their definitions and comparing them through specific examples.
UN Security Council Practice: Analyze the evolution of UN Security Council practice in the adoption of sanctions over time.
Aggravated Responsibility: Define and interpret the meaning of aggravated responsibility and its implications in international law.

Week 9: International Courts and Tribunals

Adjudication as an exception: International courts are not the default mechanism for resolving disputes. They are typically used as a last resort after other methods have failed.
Third-party adjudication: Refers to an external body (the court) making the final decision on resolving disputes. It differs as it involves the process of 'loss of control' in which the disputing parties no longer have control over the dispute's resolution.
Not exhaustive: Courts do not always address every aspect of a dispute; they typically focus on legal solutions, not political ones.
Options: Parties involved in disputes can explore various mechanisms for resolving their disputes.
Rigid and costly: Judicial processes are formalized and expensive.
Limitations: International courts do not always work for every dispute type, especially those involving complex or non-legal issues.

Week 10: The Role of the State Throughout History

State role has evolved over time, impacting economic, social, and political developments.
19th and 20th centuries focused on maintaining order, defense, and governance.
Late 20th and 21st centuries focused on providing public services and addressing economic inequality.
Contemporary states fulfill diverse functions in welfare, healthcare, and infrastructure.

Week 11: General Principles of Administrative Law

Scope of administrative law: Covers government actions, agency operations, and their connection with the public.
Administrative authorities: Identify governmental entities and individuals responsible for implementing state functions.
Powers of administrative authorities: Analyze authority limits and legal parameters for actions that agencies are capable to handle.
Procedural rules: Administrative actions must abide by legal norms, ensuring fairness and transparency to public and the government.
Substantive requirements: Administrative practices must satisfy legal standards of consistency, equity, and propriety.
Judicial protection: Legal oversight and review mechanisms ensure administrative accountability and align with legal boundaries.

Week 12: Procedural and Substantive Principles

Procedural principles: Focus on how administrative decisions are made. Ensures fairness, transparency, and adherence to legal procedures
Substantive principles: Focus on the content of administrative decisions: ensures government actions are reasonable, lawful, and maintain equity. Guaranteeing the limits of government powers, to avoid excess or improper actions.
Challenging unreasonable decisions: Public administration is subject to legal challenges when decisions are flawed, unjust, or incorrect. This is a safeguard against improper and unlimited government actions.
Limits of Governmental Powers: Government actions are bound by law, with courts overseeing the parameters of this power and ensuring that the administration operates within prescribed bounds, thereby preventing abuses of power.

Week 13: The Rule of Law, Legitimate Expectations and Proportionality

Rule of Law: Fundamental principle that ensures all government actions, notably administrative decisions, must be law-based, and within the boundaries of established legal frameworks.
Legal Limits on Government Actions: Legal limits on government actions are crucial to prevent abuses of public power.
Legality Principle: Guarantees government actions are founded on legal basis, avoiding arbitrary actions.
Principle of Legitimate Expectations: Protects reasonable expectations of individuals arising from actions and pronouncements made by the government.
Principle of Proportionality: Ensures that government actions do not exceed what is necessary to achieve their objectives, and avoid disproportionately affecting individual rights and the public.

Other Weeks (not specified in the prompt):

International Responsibility: Case Law review, including examples.
International Court of Justice (ICJ): Structure, Jurisdiction, Procedure, and specific case laws.

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Description

This quiz covers the key concepts of how international law is received and applied within domestic legal systems. It explores the principles of monism and dualism, the role of treaties, and the obligations of states regarding enforcement and conformity with international norms. Understand the relationship between international law and domestic legal orders through various scenarios and conditions.