International Law Part 1 =

Elizabeth Cheetham
Flashcards by , created 4 months ago

Lesson 1 - Introduction and Sources of Law - Aarhus University

Elizabeth Cheetham
Created by Elizabeth Cheetham 4 months ago
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Question Answer
International law has no supreme authority, unified sanctions or international legislature, making it what kind of system? Horizontal system #1 (binary/octet-stream)
L. Henkin on compliance is the norm 'Almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time' #2 (binary/octet-stream)
There are 6 reasons that states follow international rules 1. They have no incentives to break it 2. Bureaucratic inertia [one they follow one it becomes easier to continue that] 3. It legitimized the state 4. It appeals to public support in disputes 5. States have to consider reciprocity 6. Where state A infringes other states are less inclined to continue to interact
Who is within the scope of international Law? States, Individuals and International Organisations
What are the four main sources of International Law #3 (binary/octet-stream) 1. International Conventions 2. International Customs 3. General Principles of law 4. Judicial Decisions
In what piece of legislation can you find the sources of law? #4 (binary/octet-stream) Article 38 the statute of the international court of justice
What treaty governs treaties? The Vienna Law of Treaties (VCLT) #5 (binary/octet-stream)
Where does it outline the two criteria needed for an international custom? Article 38(1)(b) Statute of the International Court of Justice
What are the two evidence criteria needed for international custom to become accepted in law? State practice Opinio Juris
State practice is the _____ element Objective Element (What states do and say)
In what case did the ICJ decide that in state practice there had to be a degree of uniformity in state practices [it was essetnial] Asylum Case (ICJ 1950)
What case did the ICJ say that extensive and virtually uniformity were essentail to established state practice North Sea Continental Shelf Case
The ICJ decided in what case that at absolute conformity was not necessary fbut would be a strong indication of the rule establishing state practicec Nicaragua Case
Opinio Juris is the ______ element Psycological element (why do they act in this way)
What is the Opinio Juris When a state acts in a way because they belive there is a legal obligation/right
What case did the ICJ decide thatStates must feel that they are conforming to what amounts to a legal obligation to amount to an opinio juris North Sea Continental Shelf Case
What two sources of International ALw are strongly linked Customary law and Treaties
Where can one find rules for outlntlining General Practice Article 38(1)(C) Statute of International Law
What is a general Practice General Pricniples recognised by civilised countries
Where can one find the rules on Judicial decisions in International Law? Article 38(1)(d) Statute of International Law
What statute bind judicial decisions as having no doctrine of binding precendent Article 59 Statute of International Law
What is a UN resolution, non-binding codes of conduct, infomral agreementes categorised as? Soft Law
International Law is a mix of what two forms of law Soft law and Hard law
What law comes into play when there is a conflict between treaties and customary rules UN Charter resolution 103
What legal pricniple comes intoplay under UN charter resolution 103 Jus Cogens
What is Jus Cogens PrPrinciples that form norms in international law cannot be set aside
Where does it say that there can be no derogation forom a norm that is accepted and recognise by international community Vienna convention on treaties Article 53 & Article 64
What is the hierarchy of international lsources of law? There is no definitive hierarchy
W To create resolutions (None binding)
What is the work of the ICJ to hear cases (non enforcement power)
What is the work of the UN Security Council Executive function that can be vetoed by some states
What doctrine rules over international Law Pacta Sunt Servanda (Agreements are binding)
What do all states have to give when entering international agreements Consent
What rules states that obligation to international law comes from not following would not be helpful in the long run Rule of Recuprocity
What rules states that obligations only come where they have agreed to the obligation first Self-limitations
What Doctrine states that where a majority of states create norms then they are accepted by all states Doctrine of Consensus