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Return to International Law Concentrate 5e Student Resources
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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
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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 a 'treaty' according to the Vienna Convention on the Law of Treaties (VCLT)?
Treaties are all agreements concluded between States, international organizations and non-State entities (e.g. corporations)
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Treaties are agreements concluded between States in written form and governed by international law
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Treaties are both the written and oral agreements between States
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Treaties are agreements concluded between States in written form governed either by international or domestic law
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Should treaties assume a particular form?
Treaties should always be designated as such and assume a particular form
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Treaties should always assume a particular form, no matter how they are designated
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Treaties do not have to assume a particular form or designated as such
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Treaties have to be designated as such, no matter what form they assume
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Can countries rely on their domestic law as an excuse to violate their obligations under international law?
Domestic law always prevails over international law
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Only customary international law prevails over domestic law
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Obligations under international law prevail over domestic law
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Constitutional obligations always prevail over obligations under international law
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What is the fundamental premise of monist theory?
Monism posits that international law is superior to domestic laws
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Monism posits that international and domestic law are part of the same legal order
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Monism posits that domestic laws are superior to international law
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Monism posits that domestic and international law never clash
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What is the meaning of international legal personality?
It means that only States are considered subjects of international law
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It means having rights and duties under international law and a capacity to enforce these by or against the relevant actor
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It means that an entity may challenge the authority of States
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It is a term that is meant to denote legal, as opposed, to physical persons under international law
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What are the criteria for statehood under the 1933 Montevideo Convention?
It requires that the entity in question is not an aggressor and that it is peaceful
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It requires recognition by the majority of other nations
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It requires a permanent population, a defined territory, a government and a capacity to enter into foreign relations
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It requires stable and indissoluble borders as well as recognition
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What is the ordinary geographical scope of jurisdiction?
Jurisdiction is ordinarily extra-territorial
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Jurisdiction is ordinarily on the high seas
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Jurisdiction is ordinarily territorial
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Jurisdiction is determined by the location of the offender.
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Which State ordinarily exercises jurisdiction in respect of crimes committed on board vessels?
The coastal State
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The flag State
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All States enjoy such jurisdiction
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The International Tribunal for the Law of the Sea
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What is the purpose of sovereign immunity?
The purpose of immunity is to protect foreign Heads of State from embarrassment
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Immunity protects a State from being invaded by another
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Immunity shields States from being sued in the courts of other States
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The purpose of immunity is to offer impunity in respect of all crimes
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What is an act
jure imperii
?
An act is
jure imperii
when undertaken by an international organisation
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An act is
jure imperii
when undertaken in an official State capacity
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All acts undertaken by State officials are acts
jure imperii
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An act is
jure imperii
when undertaken by a State corporation
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What is the purpose of baselines under the law of the sea?
The determination of baselines is used for the measuring of the internal waters of coastal States
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The determination of baselines is instrumental to the establishment of all maritime zones, since they constitute the starting point for measuring the breadth of each zone
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The determination of baselines is instrumental to the safe navigation of vessels on the high seas
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Baselines are drawn only in cases of maritime delimitation between opposing State before an international court or tribunal
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Which is a 'rock'under the UN Convention of the Law of the Sea (UNCLOS)?
Rocks are the islands that are less than 10 square miles
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Rocks are the islands that do not have any maritime zone
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Rocks are the islands which cannot sustain human habitation or economic life of their own and according to article 121 (3) have no Exclusive Economic Zone or continental shelf.
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Rocks are the small islands that can sustain human habitation
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What is the meaning of 'secondary rules' in the law of international responsibility?
Secondary rules are the rules of interpretation of international law, including the law of international responsibility
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Secondary rules are the rules that govern the legal consequences arising from a breach of the primary rules, ie of the international obligations of the States
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Secondary rules are the rules that govern exclusively the concept of attribution in the law of international responsibility
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Secondary rules are the rules that govern exclusively the law of countermeasures
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What is an 'internationally wrongful conduct'?
An international wrongful conduct is an action or omission which is in breach of a rule of international criminal law
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An international wrongful conduct is every breach of an international obligation of the State, whether attributable to it or not
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An internationally wrongful conduct consists of an action or omission attributable to the State, which constitutes a breach of an international obligation of the State
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An internationally wrongful conduct is the conduct that cannot be excused on grounds of necessity, force majeure etc.
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What is the obligation of the peaceful settlement of disputes?
It is an obligation of result, that is, States are under a strict obligation to resolve their disputes as soon as possible
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It is an obligation of conduct, ie States have an obligation to try to resolve their disputes through peaceful means. This does not entail an obligation to resolve their disputes
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It is a peremptory norm of international law and all States have a legal interest to safeguard its application in any given dispute
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It is an obligation which concerns solely international courts and tribunals
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Is there any hierarchy or priority among the various methods of peaceful settlement of disputes?
Yes, all the political methods (e.g. negotiation, mediation, inquiry, conciliation) should be exhausted prior to resorting to legal methods
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Legal methods prevail over the political methods, since they are binding upon the parties
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There is no hierarchy among these methods and the choice belongs to the disputing States
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It is a matter of an impartial third party to decide which method will have priority over the other
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Was the use of armed force permitted prior to the United Nations Charter?
Armed force was prohibited
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Armed force was permitted with no restrictions
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Armed force was permitted subject to few restrictions
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Armed force was not regulated under international law prior to 1945
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What types of force does Article 2(4) of the UN Charter prohibit?
Article 2(4) encompasses only armed force
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Article 2(4) encompasses all types of force, including sanctions
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Article 2(4) encompasses all interference in the domestic affairs of States
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Article 2(4) encompasses force directed only against a State's territorial integrity
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What is the function of "standard-setting in human rights diplomacy?
Standard-setting means putting forward binding legal standards
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Standard-setting means merely proposing binding legal standards
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Standard-setting means putting forward non-binding legal standards
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Standard-setting means setting certain standards of conduct in human rights treaties
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What is the legal nature of the Universal Declaration of Human Rights (UDHR)?
The UDHR is a multilateral treaty
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The UDHR is a UN General Assembly resolution
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The UDHR is a UN Security Council resolution
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The UDHR is a declaration adopted by several States at an international conference
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What is the context required for a person to be liable for a grave breach?
Generalised armed violence within a state
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Prior pronouncement by an international court or the UN Security Council
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The existence of an international armed conflict as defined under common Article 2 of the 1949 Geneva Conventions
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An internal armed conflict
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What are the key elements of crimes against humanity?
Widespread crimes against civilians
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A widespread or systematic attack against a civilian population with intention
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A systematic and well planned attack against non-combatants
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An attack with intention to destroy a civilian population
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