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Chapter 1 Self-test questions
Return to International Law Concentrate 4e Resources
Chapter 1 Self-test questions
The nature of international law and the international legal system
Quiz Content
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How can the structure of the international society be displayed?
The structure of the international society follows the vertical model of the domestic legal orders
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International society consists of a constellation of sovereign States and other international organizations, which are dispersed in a rather horizontal order of authority
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International society is so anarchical that there is no order of authority, neither vertical nor horizontal
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The structure of the international society resembles the structure of the most powerful nations in the world
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Is there any hierarchy or priority among States under international law?
Yes, the States that were the founding members of the United Nations are vested with more powers and authority
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Yes, the Permanent Five Members of the UN Security Council (UK, USA, France, Russia, China) are in a superior position than the other States
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No, all States are considered equal as sovereign States (the principle of sovereign equality, enshrined in article 2, para 1 UN Charter)
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Whether there will be any hierarchy among States is a matter of each international organization to decide
correct
incorrect
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What is the 'Lotus principle'?
The so-called
Lotus principle
is that
'restrictions upon the independence of States cannot therefore be presumed',
or, as it has been construed, 'whatever is not prohibited is permitted in international law'
correct
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The so-called Lotus principle is that States are free to choose the Court that they will submit their disputes
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The so-called Lotus principle is that States are not prohibited to assert their enforcement jurisdiction on the high seas
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The so-called Lotus principle is that customary law derives from the combination of State practice and
opinio juris
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What is the problem of 'fragmentation' of international law?
Fragmentation of international law concerns the possibility of different legal regimes apply the same rules of international law
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It is possible for several legal regimes (ie foreign investment law and human rights law) to exist and develop in isolation of each other, ultimately culminating in the production of divergent rules of international law
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Fragmentation is when States assume different interpretations of the same rule of international law
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Fragmentation is when States disagree to abide by a certain rule of international law
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Is there any priority among international courts and tribunals?
According to the
lis pendens rule
, the court or the tribunal that seizes first the dispute has exclusive jurisdiction to adjudicate it
correct
incorrect
The International Court of Justice has by definition priority over any other court or tribunal
correct
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Since there is no
lis pendens
rule in international law and all depends on the consent of the parties to a dispute, there is no priority or hierarchy among international courts and tribunals
correct
incorrect
Regional or special courts have priority over all others in line of the principle of
lex specialis
correct
incorrect
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What is the major difference between naturalism and positivism?
On the one hand, naturalism is based on a set of rules that are of universal and objective scope and on the other hand, positivism is based on a structured and coherent legal system that is created by States in light of their interests and desires
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While naturalism serves only the theory human rights law, positivism has a wider and more general scope
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Naturalism concerns the underpinning values of the international society, while positivism the international rules as such
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Naturalism is a school of thought advocated outside of Europe, while positivism is Euro-centric theory
correct
incorrect
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What is
jus cogens
?
They are peremptory norms of international law, from which no derogations are allowed and which can never be altered even with the consent of the States
correct
incorrect
They are rules of international law that are laid down in multilateral treaties with a wide participation
correct
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They are the decisions of the UN Security Council
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They are the rules of international law on which the ICJ founds its decisions
correct
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Which rule of
jus cogens
was the first to be accepted explicitly as such by the ICJ?
The prohibition of the use of force
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The prohibition of torture
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The prohibition of genocide
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The principle of self-determination
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Are the peremptory norms of international law the only norms that set out obligations
erga omnes
?
Yes
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No, acts of international organizations also set out such obligations
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No, decisions of international courts also set out such obligations
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No, even though all peremptory norms set out obligations
erga omnes
, the latter may also spring from treaties regulating objective regimes or unilateral acts
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Are there any limits to the application of article 103 of the UN Charter?
No, there are no limits to article 103
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Yes, Article 103 cannot trump multilateral treaties
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Yes, article 103 of the UN Charter cannot trump
jus cogens
norms
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Yes, when a case is submitted to the ICJ, article 103 ceases to have any effect
correct
incorrect
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