Podcast
Questions and Answers
What is the primary difference between legal and political disputes?
What is the primary difference between legal and political disputes?
- Legal disputes are resolved through the application of legal norms, while political disputes may not be justiciable. (correct)
- Political disputes are resolved through legal norms.
- Legal disputes are resolved through political negotiations.
- There is no difference; both types are resolved the same way.
The UN obligates states to settle disputes peacefully, but there is no requirement to actually resolve them.
The UN obligates states to settle disputes peacefully, but there is no requirement to actually resolve them.
True (A)
Name two methods for the peaceful settlement of disputes outlined in Chapter VI of the UN Charter.
Name two methods for the peaceful settlement of disputes outlined in Chapter VI of the UN Charter.
Negotiation and arbitration
In the inquiry process, a _________ may be set up to establish the facts of a dispute.
In the inquiry process, a _________ may be set up to establish the facts of a dispute.
Match the following dispute resolution methods with their descriptions:
Match the following dispute resolution methods with their descriptions:
What distinguishes monism from dualism in international law?
What distinguishes monism from dualism in international law?
In a dualist system, international law must be incorporated into national legislation to take effect.
In a dualist system, international law must be incorporated into national legislation to take effect.
What organization has limited enforcement powers in international law?
What organization has limited enforcement powers in international law?
In a monist system, international law is considered __________ to domestic law.
In a monist system, international law is considered __________ to domestic law.
Match the following characteristics to either Monism or Dualism:
Match the following characteristics to either Monism or Dualism:
What is a key component that defines a dispute?
What is a key component that defines a dispute?
Simply stating that there is a dispute is sufficient proof of its existence.
Simply stating that there is a dispute is sufficient proof of its existence.
What does 'Ratione Materiae' ensure in legal conflicts?
What does 'Ratione Materiae' ensure in legal conflicts?
In the case of Nicaragua v United States, the third parties involved were ______ and ______.
In the case of Nicaragua v United States, the third parties involved were ______ and ______.
Match the following cases with their relevant parties:
Match the following cases with their relevant parties:
What was a significant point made in Monetary Gold regarding court jurisdiction?
What was a significant point made in Monetary Gold regarding court jurisdiction?
In the Nauru case, the court needed to judge New Zealand and the UK to make its decision.
In the Nauru case, the court needed to judge New Zealand and the UK to make its decision.
Which of the following methods of dispute settlement is characterized by binding decisions?
Which of the following methods of dispute settlement is characterized by binding decisions?
The International Court of Justice (ICJ) can provide advisory opinions on legal questions referred to it by UN organs.
The International Court of Justice (ICJ) can provide advisory opinions on legal questions referred to it by UN organs.
What is the primary function of the International Tribunal for the Law of the Sea (ITLOS)?
What is the primary function of the International Tribunal for the Law of the Sea (ITLOS)?
The Permanent Court of Arbitration was established by the __________ Hague Convention.
The Permanent Court of Arbitration was established by the __________ Hague Convention.
Match the following methods of dispute settlement with their primary focus or governance:
Match the following methods of dispute settlement with their primary focus or governance:
Under which article are acts beyond authority attributed to state organs?
Under which article are acts beyond authority attributed to state organs?
The decisions of the International Court of Justice (ICJ) are only advisory and not binding.
The decisions of the International Court of Justice (ICJ) are only advisory and not binding.
What characterizes the subjective element of responsibility of states in disputes?
What characterizes the subjective element of responsibility of states in disputes?
Flashcards
International Legal System
International Legal System
A system of rules and principles that govern relations between states, lacking a central authority or a global government.
Monism
Monism
A legal theory that views international law and domestic law as part of a single legal system, with international law usually superior.
Dualism
Dualism
A legal theory that views international law and domestic law as separate systems, requiring transformation of international law into domestic law for application.
Sovereignty of States
Sovereignty of States
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Transformation Requirement (Dualism)
Transformation Requirement (Dualism)
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ICJ Definition of Dispute
ICJ Definition of Dispute
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Legal vs. Political Dispute
Legal vs. Political Dispute
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UN Charter Article 2(3)
UN Charter Article 2(3)
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Negotiation in Dispute Settlement
Negotiation in Dispute Settlement
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Good Offices in Dispute Resolution
Good Offices in Dispute Resolution
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What is a dispute in international law?
What is a dispute in international law?
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How to prove a dispute?
How to prove a dispute?
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Ratione Materiae
Ratione Materiae
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Third Party in International Dispute
Third Party in International Dispute
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Monetary Gold Case (Albania)
Monetary Gold Case (Albania)
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Nauru v Australia (Third Parties)
Nauru v Australia (Third Parties)
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Portugal v Australia (East Timor Case)
Portugal v Australia (East Timor Case)
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Arbitration
Arbitration
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International Court of Justice (ICJ)
International Court of Justice (ICJ)
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ITLOS
ITLOS
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Attribution
Attribution
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Ultra vires acts
Ultra vires acts
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Exercising governmental authority
Exercising governmental authority
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Organs placed at the disposal of a state
Organs placed at the disposal of a state
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Conduct controlled or adopted by the state
Conduct controlled or adopted by the state
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Study Notes
Week 7 - The Reception of International Law in Domestic Legal Orders
- International legal systems lack a central authority and sovereignty of states is paramount.
- There's no global government or law enforcement.
- International courts lack compulsory jurisdiction, needing state consent.
Monism vs. Dualism
- Monism: Treats international and domestic law as a single system, with international law superior. Direct application of international law is possible.
- Dualism: Separates international and domestic law, requiring transformation of international law for domestic application.
Application of International Law in Domestic Systems
- Self-Executing Norms: Directly applicable by domestic courts.
- Non-Self-Executing Norms: Require domestic legislation for implementation.
Compliance and Enforcement
- Enforcement: Mechanisms to compel adherence to international law, including decentralized or institutionalized methods.
- Dispute Settlement: Processes to resolve legal disagreements between states, including negotiation and mediation.
Diplomatic Methods of Dispute Settlement
- Negotiation: Direct discussion between states to resolve disputes.
- Good Offices/Mediation: Third parties facilitate communication between disputing parties.
- Inquiry: Establishing facts, often through commissions or bodies designated to investigate.
- Conciliation: Impartial commissions suggesting dispute resolution terms.
Legal Methods of Dispute Settlement
- Arbitration: Parties select arbitrators and decisions are legally binding.
- International Court of Justice (ICJ): The principal judicial organ of the UN. Its decisions are binding on states that accept jurisdiction.
Week 8 - Responsibility of States and Sanctions
- Subjective Element: Attribution: Determining if state actions are attributable to their respective organs or other entities. Includes state organs, persons exercising governmental authority, organs placed at a state’s disposal, and conduct controlled/adopted by the state.
- Objective Element: Breach: The state has violated a binding obligation.
Week 9 - International Courts and Tribunals: General Issues
- General Features: International courts are part of peaceful conflict resolution. Many tribunals cover issues like maritime, trade, and human rights.
- Organization: 15 judges elected by the General Assembly and Security Council of the UN, representing different legal systems globally.
- Procedure: A structured method involving the application and written pleadings.
Week 10 - Introduction to Administrative Law: Instruments and Powers
- The administration serves the public interest: The system is built on the power conferred by the legislature who determines the public interests.
- Public Law vs Private Law: Public law governs the state’s relationship with citizens. Private Law deals with relationships between people.
- Administrative Law: A subset of public law that concerns the power of the entities to administer the law.
- Administration within the Trias Politica: Refers to the separation of powers – legislative, executive, and judicial.
Week 11 - Procedural Principles of Administrative Law
- General Principles of Administrative Law: Clarity and precision in laws and administrative decisions, non-retroactivity, protection of legitimate expectations.
- Discretionary Power: Administrators have freedom of choice to take decisions within stipulated limits (must be exercised responsibly and in public interest).
- Key Procedural Rights: individuals have a right to a fair hearing before adverse decisions are taken and clear reasoning provided by the administration.
Week 12 - Substantive Principles of Administrative Law
- Legality Principle: The administration’s competences are based on legislation.
- Legal Certainty in laws and decisions is essential for the rule of law.
- Protection of Legitimate Expectations: Administrations should respect established consistent practices and consistent decision-making.
- Revocation of acts In principle, lawful acts can't be revoked without clear grounds and reasonable delay.
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Description
Explore the intricacies of how international law interacts with domestic legal systems. This quiz covers concepts like monism versus dualism, self-executing norms, and the compliance mechanisms available to enforce international law. Test your understanding of the challenges and frameworks involved in integrating international law domestically.
