IMPORTANT

Question 1

Jus cogens norms

Answer 1

Refers to a category of norms that govern customary international law.

Examples: Prohibition of genocide, slavery, torture, and aggression are often cited as jus cogens norms.

Question 2

Concept of public International Law

Answer 2

Public International law is also known as the legal order of the international community is a set of laws, norms and principles that regulate the relations of the members of international society.

Question 3

State subjects:

Answer 3

states
International organizations

Question 4

Non-state Subjects

Answer 4

• Belligerents
• peoples
• national liberation movements
• Individuals

Question 5

International Actors :

Answer 5

State actors
non-state actors

Question 6

What is a subject of Public International law?

Answer 6

In PIL, subjects are entities capable of bearing legal rights and obligations, and participating in legal relationships.

1) Regulatory Power: States and certain international organizations have the regulatory power to create and enforce laws and norms within their territories and spheres of influence.

2) Holders of Rights and Obligations: States and international organizations hold rights and obligations under international law. These can include territorial integrity, diplomatic privileges, and responsibilities to respect human rights.

3) International Personality: States and some international organizations possess international personality, which means they are capable of entering into legal relations and treaties with other international actors.

4) International Responsibility: States and, to a limited extent, international organizations can be held internationally responsible for their actions. This responsibility can be both active (committing wrongful acts) and passive (failure to prevent or respond to wrongful acts).

• Not all the subjects of the International law have the same level/degree of subjectivity, dont have the same capacity.

Question 7

Jus Tractatum

Answer 7

The right to conclude international treaties, capacity to create international rules.

Question 8

Jus Communicandi

Answer 8

The Capacity to maintain International Relations with other subjects of International law.

Question 9

Jus legationis, jus representationis :

Answer 9

The capacity to send and receive representatives

Question 10

State subjects of PIL:

Answer 10

Full capacity, all the elements of the subjectivity.

Question 11

International organisations as subjects of PIL:

Answer 11

Limited capacity

Question 12

States

Answer 12

Sovereign states are the primary subjects of international law. They have full subjectivity and enjoy certain rights and obligations. Each state is considered equal to others in terms of sovereignty.

Question 13

International Organizations:

Answer 13

International organizations, such as the United Nations, the International Monetary Fund, and others, also have subjectivity in international law. However, their subjectivity is limited compared to states.

Question 14

Belligerents

Answer 14

In times of armed conflict, entities engaged in hostilities may be considered subjects of international law. This includes states involved in the conflict as well as non-state actors like insurgent groups.

Question 15

Individuals:

Answer 15

Individuals, as persons, are holders of rights and obligations but they are not able to engage in international relations as they do not have international subjectivity.

• Can Claim International responsibility against state before international institutions, organs for the violation of human Rights
• Key in protection of human rights
• active and passive legal international responsibility

Example of active legal international responsibility: Individuals can bring claims against a state before international institutions related to human rights.

Question 16

Peoples:

Answer 16

The peoples are non-state subjects of international law and holders of the principle of self-determination.

Characteristics:
- holders of rights and obligations
- possession of international subjectivity and jurisprudence
- right to self determination (ability to choose their own political, economic and social systems) and protection under criminal law

An example can be Erga Omnes, an obligation of all of the international community to respect the self-determination of the peoples

Question 17

National Liberation Movements:

Answer 17

Movements seeking self-determination and independence, often in the context of decolonization, may be recognized as having a certain status under international law. This recognition can confer rights and obligations on these movements. They can establish diplomatic relations and representation.

Question 18

Structural Principles of International law:

Answer 18

1) Purposes of the United Nations:
The purposes of the United Nations, as outlined in Article 1 of the UN Charter, include maintaining international peace and security, promoting friendly relations among nations, and achieving international cooperation in solving international problems.

2) Principles of the UN Charter (Article 2):
Article 2 of the UN Charter sets forth the principles that guide the conduct of member states. These include the prohibition of the use of force, respect for the sovereignty of states, and the obligation to settle disputes peacefully.

3) General Assembly Resolutions:
Resolutions adopted by the UN General Assembly, such as Resolution 26/25, can articulate and reinforce principles of international law. These resolutions are non-binding but can carry significant moral and political weight.

Question 19

The principles of PIL:

Answer 19

1) The principle of prohibition of the use of force in International Relations

2) Self-determination of Peoples

3) Peaceful Settlements of Disputes

4) Non-intervention in Domestic Issues

5) Sovereign Equality of Members

6) Peaceful Cooperation of States

7) Fulfillment of Obligations

Question 20

Treaty making process:

Answer 20

1) Negotiation:
States negotiate the terms of the treaty.

2) Adoption:
States formally agree to the text.

3) Consent to Be Bound:
States express their intention to be bound by the treaty (signature, ratification, accession).

4) Entry into Force:
The treaty comes into effect as specified in its provisions.

Question 21

Reasons to declare annulment of international treaty

Answer 21

1) Error:
Fundamental mistake in understanding or drafting the treaty.

2) Fraud:
Deceptive practices leading to the conclusion of the treaty.

3) Coercion:
Force or threat of force applied to secure the consent of a state.

4) Corruption:
Bribes or other forms of corruption influencing the treaty-making process.

5) Violation of Domestic Law:
Treaty-making process violates the constitutional or legal procedures of a state.

Question 22

Termination of international treaty

Answer 22

1) Mutual Consent:
States can agree to terminate the treaty by mutual consent.

2) Express Termination Clauses:
The treaty may specify conditions under which it can be terminated.

3) Material Breach:
A serious violation by one party may entitle the other to terminate.

4) Impossibility of Performance:
If performance becomes impossible or radically different from what was initially anticipated.

5) Changed Circumstances:
If there is a fundamental change in circumstances not foreseen by the
parties.

6) Supervening Illegality:
If the object or purpose of the treaty becomes illegal under international law.

Question 23

Characteristics of international treaty

Answer 23

1) Bilateral vs. Multilateral:
Bilateral: Involves two states.
Multilateral: Involves multiple states.

2) Global vs. Regional:
Global: Involves states worldwide.
Regional: Involves states within a specific geographic area.

3) Law-Making vs. Contractual:
Law-Making: Creates new legal norms.
Contractual: Establishes specific arrangements between parties.

Question 24

Main Elements of the State:

Answer 24

Territory:
Refers to a defined geographical area over which the state has sovereign control.

Population:
Consists of the people who reside within the state’s territory, forming a distinct community.

Government:
Represents the political organization that exercises authority and control over the state’s affairs.

Sovereignty:
Denotes the state’s supreme and independent authority to make and enforce laws within its territory.

Recognition:
The acknowledgment by other states or international entities that a certain entity possesses the attributes of statehood.

Question 25

State Organs for International Relations:

Answer 25

1) Head of state
2) head of Government
3) Ministry of foreign affairs

Question 26

1) Head of State:

Answer 26

The highest-ranking official who represents the state internationally. This could be a monarch, president, or other designated leader.

Question 27

2) Ministry of Foreign Affairs:

Answer 27

Manages the state’s foreign relations, diplomatic missions, and
international agreements.

Question 28

3) Diplomatic Corps:

Answer 28

Consists of diplomats and ambassadors who represent the state’s
interests abroad and engage in diplomatic relations.

Question 29

The state’s foreign services:

Answer 29

1) Diplomatic mission
2) Ad hoc diplomacy
3) Multilateral diplomacy
4) Consular

Question 30

The Head of Government

Answer 30

Symbolic, representative and legal

Question 31

What are the sources of international law?

Answer 31

• Jus cogens norms
• Conventional law : International treaty, International deals, codified law.
• Customary law, International Custom, International Practice.
• International resolutions : United nations security council resolutions, binding resolutions of international organizations.
• UN general assembly

Unilateral legal acts → It is the manifestation of a single subject of International law. The state.

Question 32

Erga Omnes Obligations:

Answer 32

Jus cogens norms give rise to obligations erga omnes, meaning obligations owed to the international community as a whole. Violation of these norms is considered an offense against the international order.

Question 33

Conventional Law:

Answer 33

Conventional law refers to the body of international law that is
created by treaties and agreements between states.

Examples: The United Nations Charter, the Geneva Conventions, and the Paris Agreement on climate change are examples of treaties that create conventional international law.

Question 34

Customary Law:

Answer 34

Customary international law is formed by the general and consistent practice of states, accompanied by a belief that such practice is legally required (opinio juris).

Example: The prohibition of the use of force, as reflected in state practice and opinio juris, has become a customary norm.

Question 35

Opinio Juris:

Answer 35

The belief that the practice is legally required is crucial for the formation of customary law.

Question 36

Unilateral Legal Acts:

Answer 36

Definition: Unilateral legal acts refer to legal actions taken by a state on its own without the need for the consent of other states.

Examples: Declarations of independence, recognition of states, and certain diplomatic acts are examples of unilateral legal acts.

Question 37

Subsidiary law:

Answer 37

1. International courts
2. International criminal court (ICC)
3. International Court of Justice (ICJ)
4. Ad Hoc Special Courts
5. The Doctrine (Experts in international law)

Question 38

What are the rights of the coastal state?

Answer 38

1) Internal waters:
- Full sovereignty over waters, seabed, subsoil, and airspace.
- Right to regulate access and exploit resources.
- No right of innocent passage for foreign vessels.

2) Territorial sea (12 nautical miles)
- Sovereignty over airspace, seabed, and subsoil.
- Exclusive control over resources and navigation regulation.
- Innocent Passage: Must allow foreign vessels unless it threatens security or environmental safety.

3) Contiguous Zone (24 nautical miles):
- Prevent and punish violations of customs, fiscal, immigration, and sanitary laws.

4) Exclusive Economic Zone (EEZ - 200 nautical miles):
- Sovereign rights for resource exploitation, renewable energy, and conservation.
- Jurisdiction over artificial structures, research, and environmental protection.
- Other states retain navigation and overflight freedoms.

5) Continental Shelf:
- Rights to exploit seabed and subsoil resources up to 200 nautical miles (or beyond with justification).

Question 39

What are obligations of the coastal state?

Answer 39

1) General:
- Protect the marine environment and manage resources sustainably.
- Notify international community of hazards or restrictions.

2) Innocent Passage:
- Must allow non-threatening passage and avoid hindrance without justification.

3) EEZ and Continental Shelf:
- Respect international norms and ensure cooperation on shared resources.
- Prevent actions that impede navigation and environmental conservation.

Question 40

Representation of the State in the treaty-making process.

Answer 40

• The Head of state, Head of Government, or the Minister of Foreign Affairs: by reason of
  their political responsibility, as well as their international competence in international
  relations. Can carry out acts relating to the conclusion of treaties, including the manifestation
  of consent without needing to produce full powers.
• Head of diplomatic missions and permanent representatives accredited by a state to an
  international conference, international organization. May negotiate, adopt the text of a treaty.

Question 41

Pacta sunt servanda:

Answer 41

binding unilateral declaration for the state that realized the act.
- linked with the principle of good faith
- “agreements must be kept” in latin