foundations

Question 1

countermeasures

Answer 1

unlawful but can be precluded if the addressee violated international law itself

Question 2

when can a countermeasure be lawful?

Answer 2

• proportionate
• no violation of ius cogens

Question 3

retaliatory measures

Answer 3

in accordance with IL but unfriendly
e.g. downgrading of diplomatic relations with the violating state

Question 4

sources

Answer 4

• treaties
• customary international law
• general principles of law

AND
- decision of IOs
- unilateral acts

Question 5

subsidiary sources

Answer 5

• judicial decisions
• teachings of the most highly qualified publicists

Question 6

soft law

Answer 6

non-binding resolutions of IOs

Question 7

internal sovereignty

Answer 7

autonomy, supreme auhtority
a state may apply its law to all people and objects on its territorry

Question 8

external sovereignty

Answer 8

independence, equality of states in relations between states; no state is subject to authority of another

Question 9

relative sovereignty

Answer 9

no state is subject to the will of another state but all states are subordinate to IL and bound by it

Question 10

absolute sovereignty

Answer 10

IL is merely external state law, states can unilaterally withdraw from it

Question 11

characteristics of IL

Answer 11

decentralization: no central legislative, judicial or executive organs
no separation of powers: states create law and enforce it

Question 12

ubi interactio, ibi ius

Answer 12

where there’s interaction, there’s law
IL regulates concrete factual issues

Question 13

full legal personality under IL

Answer 13

states

Question 14

partial legal personality

Answer 14

• individuals
• IOs
• National liberation movements & insurgents
• TNCs

Question 15

no legal personality under IL

Answer 15

NGOs

Question 16

costs of violation of IL in bilateral relations

Answer 16

• individual self-defence
• countermeasures
• retaliatory measures

Question 17

consequences of violation of the prohibition of the use of force

Answer 17

• in collective self-defence, other states can aid the victim
• SC can authorize willing states to use force or adopt non-military sanctions
• territorial gains and treaties acquired by military force are not recognised
• individual decision-makers may face criminal proceedings

Question 18

domestic costs of violating IL

Answer 18

• political opposition may take advantage
• organized interest groups can offer resistance
• media criticism
• NGOs can influence public opinion
• soldiers may refuse to obey orders