International Law

Question 1

What is international law?

Answer 1

It is law made by states to govern inter state relations.

Question 2

What is the fundamental rule of international law?

Answer 2

All states are sovereign

Question 3

If all states are sovereign and equal, how does international law work?

Answer 3

There is more value to cooperating with other states than to break the bonds.
Short term gains ( invasion or breaking Int law) may outweigh the long term gain of string interstate relations

Question 4

What are the key actors in International law?

Answer 4

States
United Nations
Other international organisations( aid facilitation of development of Int law)

Question 5

What are the elements to determine what is a state?

Answer 5

A state should have:
Permanent population
Defined territory
Government
The capacity to enter into inter state relations.

Question 6

Which convention determined what was a state?

Answer 6

Montevideo convention on the rights and duties of states 1933.

Question 7

What populations are not states?

Answer 7

Hong Kong

Taiwan

Question 8

Does international law have a parliament and government?

Answer 8

No, there is no single legislative body or world government.

UN is nearest thing, but doesn’t work like a domestic government.

Question 9

When was the UN Charter ratified?

Answer 9

24th October 1945, currently has 193 member states

Question 10

What are the UN purposes?

Answer 10

Maintain international peace and security

Promote sustainable development

Protect HR

Uphold INT LAW

Deliver humanitarian aid

By having a neutral ground, it provides guidance and allows int law and policies to be discussed

Question 11

What are some international organisations?

Answer 11

WHO- regulates health issues
ILO- 1919, debates labour issues
The international committee of the Red Cross-humanitarian law
The International Monetary Fund

Question 12

Is the EU considered a key actor in International law?

Answer 12

Yes, as it associates with 28 states that have international personality.

Question 13

Is the commonwealth of nations a legal personality?

Answer 13

No, it is a voluntary relationship and is not legally binding

Question 14

List some fields of international law?

Answer 14

Diplomatic relations
The law of treaties
The law of the sea
Economic law
Human right
Criminal law
Humanitarian law
Environmental law

Question 15

What are the three sources of International law?

Answer 15

Treaties
Customary international law
General principles of law

Question 16

What is a treaty?

Answer 16

A written agreement between states and governed by international law

A treaty will normally be registered with the UN secretariat. The treaty outlines the obligations owed. If a breach happens the other states are allowed to exercise their power to rectify the breach.

Question 17

What does pacta sunt servanda mean?

Answer 17

Agreements must be kept- linked to a state ratifiying a treaty.

Question 18

Is the UDHR a treaty?

Answer 18

No, it was an expression of fundamental rights and values- however from this certain treaties arose such as the International Covenant on civil and political rights 1966.

Question 19

What is a monist approach?

Answer 19

A state will automatically incorporate the ratified treaty into domestic law.

Question 20

What is a dualist approach?

Answer 20

A ratified treaty must be incorporated into domestic law by legislation for it to be given effect. UK operates this system.

Question 21

What is customary international law?

Answer 21

Customs and legal behaviours that have developed over time into practices among states

Question 22

What must be shown to determine a customary international law is proven?

Answer 22

1) opinio juris-the belief that an action was carried out because it was a legal obligation.
2) state practice- must show state practice is consistent. E.g., enacting domestic law in line with customary law

Question 23

Name a customary international law rule?

Answer 23

The prohibition of torture

Most states believe that torture is prohibited by law and they prohibit it.

Question 24

What does the court have to consider following R v Jones ( Margaret) ( 2006) UKHL 16.?

Answer 24

It questioned whether the crime of aggression was part of uk law. House of Lords held it wasn’t automatically incorporated.

1) are there bars to incorporation
2) is the law capable of being applied in U.K. Courts.

Question 25

What is general principles of law?

Answer 25

Sometimes there is not a law created for certain issues so the court will deduce if there are general principles that fill the gaps in the legal system.

Question 26

Which case established general principles as a formal source of international law?

Answer 26

The South West Africa Case( 1950) ICJ Rep 128

Question 27

What is an example of general principles?

Answer 27

Good faith- states have to cooperate and have trust and confidence in each other.

Question 28

What are secondary sources of international law?

Answer 28

Judicial decisions | Highly qualified teachings( articles and law books)

Question 29

What is soft law and is it binding?

Answer 29

Refers to any instrument that contains principles, rules, standards or statements of expected behaviour to rules or regs that are not legally binding. Non binding so non enforceable.

Question 30

What happens if there is a breach or internal conflict of a state?

Answer 30

States give consent to have a claim brought against them before a disputed settlement body. They can agree to a single disputes or blanket agreement to a particular disputed settlement mechanism. The international court of justice will hear cases between states. Can only offer opinions- not enforceable.

Question 31

What does the security council do?

Answer 31

It's responsible for international peace and security Has 15 members of which 5 are permanent- china, Russia, France, U.K. And USA Can promote peaceful settlement or use enforcement mechanisms.

Question 32

What are the security councils enforcement mechanisms?

Answer 32

1) economic sanctions 2) arms embargoes 3) financial penalties 4) travel bans 5) blockades 6) diplomatic/ political measures Extreme- collective military action using UN troops.

Question 33

What happened in R v Bow Street Metropolitan Stipendiary Magistrate and others, ex p Pinochet Ugarte ( Amnesty international and others intervening)(No 3) [1999] 2 ALL ER 97

Answer 33

Questioned whether Pinochet was immune from being prosecuted for torture. The House of Lords held that the torture convention lifted diplomatic immunities, at least when heads of state left office.