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?

International law automatically takes precedence over domestic law. Signup and view all the answers

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

They operate without any interaction. Signup and view all the answers

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

The parties involved choose arbitrators and the decisions are binding. Signup and view all the answers

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

It settles legal disputes and also provides advisory opinions for UN organs. Signup and view all the answers

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

Temporary actions taken by borrowed organs can be attributable to the state. Signup and view all the answers

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

International Tribunal for the Law of the Sea (ITLOS) Signup and view all the answers

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

Mediation 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?

Only States can be parties to cases before the Court. Signup and view all the answers

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

The Court's jurisdiction is strictly based on the parties' agreements. 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?

General principles of law recognized by civilized nations. Signup and view all the answers

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

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

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

Article 21. 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?

Matter already resolved by any international court cannot be revisited. Signup and view all the answers

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

9 years with the possibility of re-election. Signup and view all the answers

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

The obligation must be binding at the time of the breach. Signup and view all the answers

Which of the following is NOT a type of breach?

Failure to monitor Signup and view all the answers

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

Severity Signup and view all the answers

Which exception justifies wrongful conduct under international law?

Distress Signup and view all the answers

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

New obligations arise while the original obligation persists. Signup and view all the answers

What is required for force majeure to be invoked successfully?

The situation must be uncontrollable and uncaused by the state. Signup and view all the answers

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

It must be the only way to safeguard an essential interest. Signup and view all the answers

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

The obligation for the state to compensate for damages. Signup and view all the answers

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.

Legal Methods of Dispute Settlement

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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Description

Explore the intricacies of how international law is received within domestic legal orders. This quiz delves into concepts like monism and dualism, the significance of state sovereignty, and the roles of international courts. Understanding these principles is vital for grasping the relationship between domestic and international legal frameworks.