International Law

Question 1

International Law

Answer 1

the system(s) of rules, norms, and principle that govern relations between sovereign states and other international actors

Question 2

States, IGOs, INGOs, and Multinational Corporations (MNCs) Have

Answer 2

degrees of international legal personality (rights and responsibilities)

Question 3

States are the

Answer 3

primary subject of international law

Question 4

There Are…

Answer 4

various sources of international law (i.e. treaties, customs)

Question 5

Like International Society…

Answer 5

international law is a highly debated concept

Question 6

Sovereignty

Answer 6

• absolute authority + self-determination of the state
• the foundational legal principle of international law

Question 7

International Law is

Answer 7

consent-based

Question 8

International Law is Traditionally Meant to

Answer 8

be facilitative of orderly relations between states

Question 9

In Certain Areas, International Law is

Answer 9

becoming increasingly regulative of internal state conduct (i.e. human rights law)

Question 10

International Law Lacks

Answer 10

• a centralized government (anarchy)
• a centralized legislature, judiciary, executive, and police force

Question 11

Enforcement

Answer 11

is much more difficult and inconsistent in international law

Question 12

Sources

Answer 12

• there are different sources of international law
• lacks traditional statutory law of legislatures

Question 13

Sources of International Law

Answer 13

• treaties
• customary law
• soft law
• judicial decisions

Question 14

Treaties

Answer 14

written, legally binding contracts between states that are governed by international law

Question 15

Customary Law

Answer 15

• binding law based on customary practice + state opinion
• includes jus cogens norms

Question 16

Soft Law

Answer 16

• non-legally binding principles
• include UN General Assembly resolutions

Question 17

Judicial Decisions

Answer 17

• international case law
• decisions may or may not transfer between different international courts

Question 18

Treaties Require

Answer 18

ratification for full state membership

Question 19

Some Treaties (i.e. human rights treaties) Include

Answer 19

reservations and derogations

Question 20

Treaties Are Governed by the

Answer 20

1969 Vienna Convention on the Laws of Treaties (VCLT)

Question 21

Examples of Treaties

Answer 21

• United Nations Charter
• North Atlantic Treaty
• Genocide Convention
• International Covenant on Civil and Political Rights

Question 22

Customary International Law

Answer 22

• binding on all states
• with the exception of the persistent objector doctrine

Question 23

Customary International Law Determined by 2 Elements:

Answer 23

i) State practice
ii) State opinion (opinio juris)

Question 24

Examples of Customary International Law

Answer 24

• law of aggression
• diplomacy
• international criminal laws
• non-refoulment for refugees

Question 25

Hard Law

Answer 25

treaty law and customary law are legally-binding 'hard law'

Question 26

Soft Law

Answer 26

non-legally binding principles and norms

Question 27

Soft Law Includes

Answer 27

- UN-based declarations - resolutions - codes of conduct - guidelines - standards of conduct - recommendations, etc.

Question 28

Examples of Soft Law

Answer 28

- The Universal Declaration of Human Rights - The UN Declaration of the Rights of Indigenous People (UNDRIP) - International Opposition to Apartheid in South Africa

Question 29

Prescriptive Jurisdiction

Answer 29

the authority of a state to make laws that apply to persons, property, or conduct, even beyond its territory.

Question 30

Prescriptive Jurisdiction Principles:

Answer 30

- Territoriality - Nationality - Universality - Passive personality - Special state interests

Question 31

Enforcement Jurisdiction

Answer 31

the authority of a state to physically enforce its laws, typically within its own territory.

Question 32

Enforcement Jurisdiction Principles:

Answer 32

**Territoriality**

Question 33

Enforcing Compliance With International Law

Answer 33

can be done multilaterally or unilaterally

Question 34

Multilateral Enforcement

Answer 34

may include sanctions (comprehensive or targeted) and the use of force

Question 35

Unilateral Enforcement

Answer 35

includes unilateral sanctions and other forms of **countermeasures** (that are otherwise illegal measures)

Question 36

International Tribunals

Answer 36

- International Court of Justice (ICJ) - International Criminal Court (ICC) - Permanent Court of Arbitration (PCA) - Appellant Body of the World Trade Organization - International Centre for the Settlement of Investment Disputes (World Bank) - World Intellectual Property Organization Arbitration Center - International Tribunal for the Laws of the Sea (ITLOS) - Regional international courts

Question 37

Human Rights Law

Answer 37

rights of individuals by virtue of being human

Question 38

Human Rights Law is Based On

Answer 38

- Natural law - A regulative form of international law

Question 39

International Human Rights Law Includes:

Answer 39

- Universal Declaration of Human Rights (1948) - International Covenant on Civil and Political Rights (1966) - International Covenant on Economic, Social, and Cultural Rights (1969) - Convention on the Elimination of All Forms of Racial Discrimination (1969) - Convention on the Elimination of All Forms of Discrimination Against Women (1979) - Convention Against Torture (1987)