Week 7 - International Law Reception

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Questions and Answers

What principal characteristic differentiates monism from dualism in the context of legal systems?

  • Only dualism recognizes the supremacy of international law.
  • Dualism asserts that international law is superior to domestic law.
  • Monism allows for direct application of international law without transformation. (correct)
  • In monism, international law must always be transformed into domestic law.

Which of the following statements is true regarding the enforcement of international law?

  • There is a global police force that enforces international law uniformly.
  • The United Nations Security Council can enforce laws internationally without state consent.
  • All states are legally required to comply with international court rulings.
  • International law lacks a central authority or full enforcement powers. (correct)

In a dualist legal system, what is typically required for international law to take effect?

  • It must be translated into national legislation. (correct)
  • It can be enacted through executive orders.
  • It should be reviewed by the Supreme Court.
  • It must be applied by international courts.

What is a significant implication of the monistic approach to international law?

<p>International law automatically takes precedence over domestic law. (B)</p> Signup and view all the answers

Which statement best describes the relationship between international law and domestic law in dualistic systems?

<p>They operate without any interaction. (A)</p> Signup and view all the answers

What is a significant characteristic of arbitration as a method of dispute resolution?

<p>The parties involved choose arbitrators and the decisions are binding. (B)</p> Signup and view all the answers

Which of the following correctly describes the role of the International Court of Justice (ICJ)?

<p>It settles legal disputes and also provides advisory opinions for UN organs. (A)</p> Signup and view all the answers

In the context of state responsibility, which statement about attribution is true?

<p>Temporary actions taken by borrowed organs can be attributable to the state. (A)</p> Signup and view all the answers

Which tribunal is responsible for adjudicating disputes related to maritime law?

<p>International Tribunal for the Law of the Sea (ITLOS) (A)</p> Signup and view all the answers

Which of the following is NOT a method of legal dispute settlement mentioned?

<p>Mediation (C)</p> Signup and view all the answers

What is the primary jurisdiction of the International Court of Justice (ICJ) according to Article 34.1 of its Statute?

<p>Only States can be parties to cases before the Court. (A)</p> Signup and view all the answers

What does the principle of consent in jurisdiction ratione consensus imply for the ICJ's authority?

<p>The Court's jurisdiction is strictly based on the parties' agreements. (D)</p> Signup and view all the answers

Which of the following is a recognized source of law for the ICJ under Article 38 of its Statute?

<p>General principles of law recognized by civilized nations. (D)</p> Signup and view all the answers

What role does the General Assembly play in the selection of judges for the ICJ?

<p>Judges are elected from a list provided by the Permanent Court of Arbitration (PCA). (D)</p> Signup and view all the answers

Which article in the Statute describes the procedures for judicial practice within the ICJ?

<p>Article 21. (C)</p> Signup and view all the answers

According to the Pact of Bogotá, what restrictions are placed on the procedures for the peaceful settlement of disputes?

<p>Matter already resolved by any international court cannot be revisited. (D)</p> Signup and view all the answers

How long is the term of ICJ judges, and can they be re-elected?

<p>9 years with the possibility of re-election. (A)</p> Signup and view all the answers

What must be established for an obligation to be binding at the time of the breach?

<p>The obligation must be binding at the time of the breach. (D)</p> Signup and view all the answers

Which of the following is NOT a type of breach?

<p>Failure to monitor (C)</p> Signup and view all the answers

What condition does NOT apply to the concept of self-defense under international law?

<p>Severity (B)</p> Signup and view all the answers

Which exception justifies wrongful conduct under international law?

<p>Distress (D)</p> Signup and view all the answers

Which statement accurately describes the consequences of a breach of obligations?

<p>New obligations arise while the original obligation persists. (D)</p> Signup and view all the answers

What is required for force majeure to be invoked successfully?

<p>The situation must be uncontrollable and uncaused by the state. (C)</p> Signup and view all the answers

What is a condition for invoking necessity as an exception to wrongful conduct?

<p>It must be the only way to safeguard an essential interest. (B)</p> Signup and view all the answers

Under Article 27, what does the annulment of wrongfulness not eliminate?

<p>The obligation for the state to compensate for damages. (A)</p> Signup and view all the answers

Flashcards

International Law vs. Domestic Law

International law governs states, while domestic law governs individuals within a state. They operate independently, with different sources and subjects.

Monism

A legal theory where international law and domestic law are seen as part of one system, with international law often superior.

Dualism

A legal theory where international law and domestic law are separate systems. Domestic law needs separate enactment to be implemented.

Central Authority (International Law)

International law lacks a central governing body or legislature like domestic systems.

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Sovereignty of States

States are the fundamental actors in international law and have significant freedom of action.

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Arbitration

A method for resolving disputes where parties choose arbitrators to make binding decisions in a flexible process.

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International Court of Justice (ICJ)

The UN's main judicial organ, settling disputes between states and providing legal advice.

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What are the key functions of the ICJ?

The ICJ settles legal disputes between states and offers advisory opinions on legal questions referred by UN bodies.

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Ultra Vires Act

An action taken by a state organ that exceeds its authorized powers.

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State Attribution

How a state's actions are linked to specific individuals or organs, making it responsible.

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Breach of International Obligation

When a state fails to fulfill its obligations under international law, regardless of the severity of the breach.

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Types of Breaches

Breaches can be actions (like nuclear tests, New Zealand v. France), omissions (like failing to act, Gabcikovo-Nagymaros Project, Hungary v. Slovakia), or failing to prevent harm (Bosnia-Herzegovina v. Serbia and Montenegro).

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Consent as a Circumstance Precluding Wrongfulness

A state's wrongful conduct can be justified if there is valid consent from the affected state. This consent must be limited in scope.

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Self-Defense as a Circumstance Precluding Wrongfulness

A state can take action in self-defense if it's facing an armed attack. This action must be necessary, immediate, and proportionate.

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Countermeasures as a Circumstance Precluding Wrongfulness

Non-punitive actions taken by an injured state in response to another state's wrongdoing.

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Force Majeure as a Circumstance Precluding Wrongfulness

An uncontrollable event that justifies a state's action, provided the state didn't cause the situation.

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Distress as a Circumstance Precluding Wrongfulness

Acts taken to save lives in an emergency, without causing greater harm.

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Necessity as a Circumstance Precluding Wrongfulness

A state's actions are justified if they are the only way to safeguard an essential interest, under strict conditions.

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ICJ Jurisdiction

The ICJ can only hear cases between states, not individuals.

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ICJ: How does it get jurisdiction?

States must agree to have the ICJ hear their case. This can be through treaties, special agreements, or the UN Charter.

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ICJ: Sources of International Law

The ICJ uses international treaties, customary law, general legal principles, and judicial decisions to make rulings.

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ICJ: Role in International Law

The ICJ helps clarify and develop international law through its decisions. It's a major influencer.

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ICJ Judges

15 judges are chosen by the UN General Assembly and Security Council from the PCA list. They represent different legal systems and civilizations.

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ICJ: Ad hoc Judges?

Two temporary "ad hoc" judges can be appointed if needed, especially for cases where the judges lack expertise.

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ICJ: What's the Registry?

The Registry is the administrative and support arm of the ICJ. It handles the practical side of the court.

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Study Notes

Week 7 - Reception of International Law in Domestic Legal Orders

  • International legal systems lack a central authority and legislative body, unlike domestic systems.
  • Sovereignty of states is paramount in international law, giving them significant freedom of action. International rules are created through treaties or customary law contributions.
  • There's no global government or enforcement mechanism for international law.
  • International courts like the ICJ can only exercise jurisdiction if states consent.
  • Monism views international and domestic law as a single legal system, with international law prevailing in conflicts. International law can be directly applied.
  • Dualism treats international and domestic law as separate systems. International law needs transformation into domestic law to be applicable.

Monism vs. Dualism

  • Monism:
    • Single legal system, with international law superior to domestic law.
    • International law directly applicable without transformation.
  • Dualism:
    • Separate legal systems.
    • International law requires transformation into domestic law to be applicable.

Application of International Law in Domestic Systems

  • Self-executing norms are treaty provisions directly applicable in domestic courts without further legislation.
  • Non-self-executing norms require legislation to be applied in domestic courts.

Compliance and Enforcement

  • Enforcement mechanisms may involve diplomacy, sanctions, or force, depending on context and agreement.
  • Mechanisms for dispute resolution are agreed upon by states and involve processes for resolving disputes.
  • Dispute settlement can involve diplomatic methods or legal actions.

Diplomatic Methods of Dispute Settlement

  • Negotiation: Direct communication between states.
  • Good offices/mediation: Third-party facilitation.
  • Enquiry: Investigating facts.
  • Conciliation: Commission-led recommendation.
  • Arbitration: Chosen arbitrators, binding decisions.
  • International Court of Justice (ICJ): Judicial body with global jurisdiction.

Responsibility of States and Sanctions

  • Subjective (attribution): Determining which state organs or persons are responsible for actions.
  • Identifying acts or omissions breaking international law and the relevant obligation.
  • Objective (breach): If there is a breach, there are consequences.

Consequences of International Responsibility

  • New juridical relationships.
  • Reparations (restoration, compensation, and satisfaction).
  • Invocation of responsibility by injured or other states.
  • Measures for compliance like sanctions.

Types of International Obligations

  • Erga omnes: Obligations to the international community.
  • Erga omnes partes: Obligations to a group of states.
  • Erga singulum: Reciprocal obligations between two states.
  • Case Examples: Nicaragua v. USA, Gabcikovo-Nagymaros Project, Genocide in Srebrenica.

International Courts and Tribunals: General Issues

  • Part of peaceful settlement mechanisms, UN Charter (Article VI).
  • Only international body with general jurisdiction.
  • Influence in clarifying and developing public international law.
  • Structure: Judges, procedures, and jurisdiction.

ICJ: Jurisdiction and Admissibility

  • Jurisdiction ratione personae: State consent.
  • Jurisdiction ratione materiae: Subject matter.
  • Declarations through Article 36, optional clause.
  • Cases involving compromises.
  • Preliminary objections: Challenges to court jurisdiction.

Procedural Principles of Administrative Law

  • Scope and competence of administrative tasks.
  • Clarity, non-retroactivity, and precision of laws/decisions.
  • Protection of legitimate expectations.
  • Revocation of lawful and unlawful acts.

Key Procedural Rights

  • Fair hearing
  • Reasoning for decisions
  • Transparency, access to documents.

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Lecture 7-12: International Law PDF

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