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Chapter 2 Self-test questions
Return to International Law Concentrate 4e Resources
Chapter 2 Self-test questions
Sources of international law
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Which are the formal sources of international law?
Custom, treaties and judicial decisions
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Custom, general principles of law and theory
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Treaties, custom and general principles of law
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Treaties, custom and General Assembly Resolutions
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Which treaties are considered as 'source of international law' under article 38 ICJ Statute?
All treaties that are in force at the time of the dispute
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Only the treaties that are in force and binding upon the parties to the dispute
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All treaties that have been concluded between the parties to the dispute, regardless whether they are in force
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Only treaties that are multilateral and of paramount significance
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What is required for a general rule of customary law to be formed?
Only general, widespread and consistent practice on the part of States is required
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The consistent practice of few States is sufficient
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The legal conviction that a certain practice of a State is in accordance with international law is the most significant requirement
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Both the elements of widespread and consistent State practice and of the
opinio juris
are required
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What kind of State practice is required?
Widespread, consistent and uniform practice, consisting both of acts and omissions.
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Only widespread, consistent and uniform acts and not omissions of States
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Widespread acts and omissions of States but not necessarily consistent or uniform
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Consistent practice of few States, including both acts and omissions, which is met with protestation by the other States
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Who is a 'persistent objector'?
The State which persistently objects to the rule in question after its formation
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The State which denies to be bound by the rule in question for a short period
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The State which persistently and publicly objects to the formation of a rule of customary law from its outset
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The State which accepts the formation of a rule of customary law but it retains objections as to its content
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Where do we find the 'general principles of law recognized by civilized nations' (article 38 ICJ Statute)?
We look for established principles of law recognized only among the most civilised nations
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We look for established principles of law, which are common to all major legal systems
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We look for general principles of international law recognized by international courts and tribunals
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We look for general principles of law recognized by all nations
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What is the relationship between the formal sources of international law?
There is no hierarchy between the formal sources of international law
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Treaties supersede custom
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Custom supersedes treaties
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General Principles of Law supersede both custom and treaties
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What is the value of the Resolutions of the UN General Assembly in terms as a 'source' of international law?
GA Resolutions are considered as additional sources of international law and thus binding upon States
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GA Resolutions are equivalent to treaties
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GA Resolutions reflect always customary law
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GA Resolutions are considered as material source, in the sense that they may enunciate statements of customary law
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How can customary law be related to treaty provisions?
Treaties may only codify customary law
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Customary law is a different source of international and it cannot be embodied in treaties
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Treaties may 1) codify customary law, 2) 'crystallise' customary law, 3) lead to the emergence of customary law
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Customary law can emerge only from few multilateral treaties
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What is 'unilateral acts'?
They are acts that States perform as practice in the context of custom
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They are acts creating unilateral legal obligations to the acting State
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Unilateral acts are simply political acts of State devoid of any legal effect
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Unilateral acts are those that State perform in order to be bound by a treaty
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