Ch 2 International Law & Human Rights

Question 1

Public International Law is the law that primarily regulates relations between

Answer 1

States

Question 2

The relationship between the sources of international law is one which is best described as

Answer 2

Neither consensual, nor strictly hierarchical, nor entirely distinct

Question 3

What is customary international law?

Answer 3

It is what States do, believing it is the law. It can have the same content as a treaty provision but treaties can be progressive developments of a customary rule or quite distinct. They may be the same..

Question 4

What are obligations erga omnes?

Answer 4

Obligations that the entire international community has an interest in upholding and enforcing.

Question 5

What is a dualist state?

Answer 5

States who accept the binding nature of international law between States
Dualist States consider there are 2 systems. A horizontal system – international law- binding between States and then internal law. International law does not automatically enter domestic law and treaties need to be enacted to have effect in domestic law.

Question 6

Historically, did natural persons have rights under international law?

Answer 6

No.

Question 7

What are the three premises in international law relating to human rights?

Answer 7

1. That it is states that violate rights.
2. That it is the states’ responsibility to define rights.
3. That it is the states’ responsibility to protect rights.