Week 7: International Law Reception

<p>Alignment with the limits of government powers (A)</p> Signup and view all the answers

<p>Strict control by law with limited discretion (D)</p> Signup and view all the answers

<p>Judicial enforcement of decision legality (B)</p> Signup and view all the answers

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

<p>Case law developed over time (D)</p> Signup and view all the answers

<p>Fairness, legality, and reasonableness (D)</p> Signup and view all the answers

<p>To limit discretion and prevent power abuse (B)</p> Signup and view all the answers

<p>Purpose of investigations or inspections (A), Protection of commercial interests (D)</p> Signup and view all the answers

<p>Greater opportunity for subjective interpretation (C)</p> Signup and view all the answers

<p>Limits are established by laws and must be enforced. (C)</p> Signup and view all the answers

<p>By offering overarching guidelines for accountability (D)</p> Signup and view all the answers

<p>They ensure the rights of affected individuals are respected (C)</p> Signup and view all the answers

<p>Lack of legal accountability for officials (C)</p> Signup and view all the answers

<p>A minimum level of gravity. (C)</p> Signup and view all the answers

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

<p>With the consent of the affected party. (B)</p> Signup and view all the answers

<p>Article 22 (D)</p> Signup and view all the answers

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

<p>Cessate the wrongful act. (A)</p> Signup and view all the answers

<p>Irresistible events causing breaches beyond a state's control. (B)</p> Signup and view all the answers

<p>Cessation of the wrongful act. (B)</p> Signup and view all the answers

<p>Providing essential public goods and services (C)</p> Signup and view all the answers

<p>Taxation Policies (A)</p> Signup and view all the answers

<p>Individuals can challenge administrative actions in court (A)</p> Signup and view all the answers

<p>Competences to act on behalf of the state (D)</p> Signup and view all the answers

<p>To ensure lawful, fair, and transparent actions (B)</p> Signup and view all the answers

<p>An administrative action aimed at policy objectives (A)</p> Signup and view all the answers

<p>It allows them to make decisions and implement policies (A)</p> Signup and view all the answers

<p>Both juridical and factual acts (B)</p> Signup and view all the answers

<p>Monism recognizes international law as directly applicable, while dualism necessitates domestic legislation for enforcement. (B)</p> Signup and view all the answers

<p>It is automatically enforceable without the need for domestic legislative action. (B)</p> Signup and view all the answers

<p>Enforcement is about following legal orders, whereas dispute settlement is about resolving conflicts. (A)</p> Signup and view all the answers

<p>Sovereignty of states leads to decentralization and a lack of binding authority. (A)</p> Signup and view all the answers

<p>It enforces collective security measures and sanctions if states consent. (B)</p> Signup and view all the answers

<p>States create obligations through treaties only when they voluntarily agree to the terms. (A)</p> Signup and view all the answers

<p>Diplomatic methods rely on negotiation and compromise, while judicial methods rely on binding resolutions. (B)</p> Signup and view all the answers

<p>A difference in opinion between states regarding treaty interpretation or obligations. (A)</p> Signup and view all the answers

<p>They are aimed at preserving the rights of the parties until a court decision is made. (B)</p> Signup and view all the answers

<p>The legal interests of the third party must be affected by the Court's decision. (D)</p> Signup and view all the answers

<p>Only if there is a jurisdictional connection to the original dispute. (B)</p> Signup and view all the answers

<p>It is binding only between the parties involved in that specific case. (C)</p> Signup and view all the answers

<p>Compliance often requires further actions or negotiations. (B)</p> Signup and view all the answers

<p>They challenge the jurisdiction or admissibility of the case before substantive issues are addressed. (C)</p> Signup and view all the answers

<p>There must be prima facie jurisdiction and a plausible case. (B)</p> Signup and view all the answers

<p>In English or French, as per the ICJ's official language policy. (D)</p> Signup and view all the answers

How international legal rules are used within a country's legal system.

International law and domestic law are part of one system, automatically incorporated into national law.

International law and domestic law are separate systems; international law must be transformed into domestic law to be applied.

An international obligation that can be directly enforced within a country without needing further domestic legislation.

The ways international law is made sure to be respected by States.

Process for resolving disagreements between states using diplomacy, arbitration, or other methods.

Disagreement or conflict between states, recognized according to international law.

Methods used during international conflict dispute to either resolve the differences between countries without or with courts.

A violation of an international legal obligation by a state.

The state must be bound by the obligation at the time of the breach.

Certain situations that can make a wrongful act not wrongful, but don't eliminate damage.

A state's actions aren't wrongful if the affected party agrees to them.

A state can defend itself from an armed attack, but it must be necessary, proportionate, and immediate.

Temporary actions taken by a state to get another to follow its obligations, proportional to the injury.

Unforeseen, irresistible event beyond a state's control causing breach.

State must stop wrongful behavior and ensure future actions won't repeat the offense.

Temporary actions taken by the ICJ to prevent harm before a final judgment. These measures are designed to protect the rights of the parties involved in the case.

Third parties can become involved in a case at the ICJ if their legal interests could be affected by the Court's decision.

For the ICJ to allow a counterclaim, it must be directly linked to the original dispute in terms of both the facts and the law.

The ICJ's judgment is legally binding on the parties involved in the specific case, but it's not automatically applicable to other parties or situations.

A legal principle that prevents the same issue from being repeatedly brought before a court. It applies to the ICJ's judgments, meaning they are final and cannot be revisited.

Putting the ICJ's judgment into practice often involves further steps, like negotiations, reparations, or redrawing borders, and depends on the willingness of the parties to comply.

A preliminary assessment by the ICJ indicating that they have the legal authority to hear a case, based on initial information.

A request to the ICJ must have some basis in reality or evidence to be considered valid.

The state is a central player in modern society, providing public goods and services like welfare, healthcare, and infrastructure to ensure citizens' well-being.

A branch of law that regulates the activities of administrative agencies and their interactions with the public, ensuring fairness and transparency.

Entities and individuals responsible for carrying out the functions of the state, such as government departments and their officials.

The range and limitations of authority given to administrative bodies, including making rules, enforcing laws, and making decisions.

Guidelines that administrative authorities must follow to ensure their actions are lawful, fair, and transparent.

Specific legal standards that public authorities must adhere to in their decision-making processes to ensure consistency, fairness, and legality.

Mechanisms for individuals to challenge administrative actions in court, protecting their rights and ensuring compliance with legal standards.

The legislature grants administrative bodies the authority to make decisions and implement policies.

The ability of government bodies to make decisions based on a range of factors, including public interest and goals, rather than just strict legal rules.

The limits and conditions set by laws that government bodies must follow when making decisions.

The requirement for government bodies to consider and safeguard the basic rights of individuals when making decisions.

Broad guidelines that ensure fairness, transparency, and accountability in government decision-making, alongside specific laws.

These principles evolved from court decisions over time, aiming to prevent abuse of power by government bodies.

The process of writing these principles into law, making them more clear and accessible.

To control government actions, prevent abuse of power, and protect the rights of individuals.

These principles help ensure that government's power is used fairly and responsibly, preventing harm to individuals.

Access to information can be limited if it could harm commercial interests, legal processes, or inspections. However, public interest can override these limitations.

When the benefits of disclosing information outweigh the potential harm to protected interests, like commercial secrecy or legal proceedings.

These principles ensure that administrative decisions are not only made fairly but also have legal and reasonable content. They focus on the content of the decision, not just the process.

Administrative decisions must be grounded in valid reasons and legal justification. They should not exceed the powers granted to the government.

The public has the right to challenge administrative decisions that are wrong, unfair, or unreasonable, ensuring that government power is used within legal limits.

Governments must operate within legal boundaries set by laws and regulations. Courts ensure that government actions don't become arbitrary or tyrannical.

The system of government organizations and officials that carry out the policies and services of the state.

These core principles ensure that public administration operates with openness, honesty, and impartiality, building trust with citizens.