International Law

Question 1

What are the sources of International Law?

Answer 1

Treaties, Customary International law, general principles of international law & other sources

Question 2

Validity of a reservation in a treaty?

Answer 2

In general, a reservation is valid, unless:

1. Reservations are prohibited by the Treaty.
2. The treaty specifies that only specific reservations, which do not include the one in question, may be made
3. In cases in which the reservation is incompatible with the purpose of the Treaty

Question 3

Criteria for the application of the Vienna Convention Law of Treaties

Answer 3

• The states may be parties of the VCLT (Art. 1 y 2 para 1. lit. a)
• It must be a written treaty (Art. 2 para. 1 lit. a VCLT)
• The treaty must be concluded after the VCLT entered into force (art. 4 VCLT) ( 27 January 1980)

Question 4

Invalidity of treaties

Answer 4

art 48-53) (4)

Question 5

What are some international principles?

Answer 5

• No harm principle (prevent, control and reduce pollution)

-Polluter pays principle

• Precautionary principle

Question 6

How the Treaties should be performed?

Answer 6

• must be performed in good faith
• art. 26 VCLT
• art. 34 VCLT

Question 7

Are the treaties/UN things binding for third parties?

Answer 7

(Complete)

Question 8

Different approaches for interpreting law provisions

Answer 8

• grammatical approach –> the ordinary and wording meaning of the treaty provision (starting point)
• Systematic approach –> the provision is analyzed in relation with the
• Teleological approach –> the purpose of the international treaty is studied in relation with the rest of the Treaty, any subsequent agreement or practice and instruments in connection with the conclusion of the Treaty.
• Historical approach –> art. 32 VCLT provides for supplementary means of interpretation. Past usage of the provision, preparatory work and the circumstances of its conclusion may help to interpret the meaning when the meaning is ambiguous or unreasonable.

Question 9

Termination of Treaties

Answer 9

-art. 60-62 VCLT (non-consensual termination)
-by intention
–> withdraw, according to the terms of the Treaty, cease to bind, a more recent treaty w the same subject matter.

Question 10

What is Customary international law?

Answer 10

Is the law which has evolved from state practice over time. It consists in two elements:
-State practice

-opinio iuris

e.g. prohibition of the execution of under 18 individuals, or some of the declaration of Human rights

Question 11

Doctrine of Incorporation

Answer 11

there is no need of for express adoption by national law legislation, the rule becomes automatically binding (Swiss case)

Question 12

Doctrine of Transformation

Answer 12

It requires that every rule of international law be expressly adopted by the state, otherwise they are not part of the domestic law

Question 13

Direct applicability of international law.
(Requirements for self-executing provisions)

Answer 13

i. The provisions must directly regulate rights and obligations of the individual
ii. The provision must be formulated with sufficient specificness in order to constitute an appropriate legal basis of authoritative adjudication.

Question 14

General Principles of Law

Answer 14

May be derived from
- National law

-general considerations

-a particular treaty regime

they generally introduce overarching considerations into international law, serving as a supplements

Question 15

Monist Approach

Answer 15

International law and national law are part of the same single body of law, in the same hierarchical order. Single entity which is manifested in different particular ways.
International law > national law

Question 16

Dualistic Approach

Answer 16

International law and national law do not operate in the same sphere of influence. Two dual legal systems which operates simultaneously.
International law = national law.

Question 17

Theories of recognition

Answer 17

• declaratory theory: the recognition is nothing more than than the acknowledgement of an already pre-existing legal entity and capacity of the state
• Constitutive theory: the act of recognition itself is a necessary precondition that the capacity of statehood exists.

Question 18

Requirements to be considered a State (by UNGA?)

Answer 18

1. The state must have a permanent population: a fixed and permanent that are considered inhabitants of the territory.
2. The state must have a defined territory: have a physical existence with defined and certain border. (np if there are border contests)
3. the state must have an entity capacity to enter into international relations, namely an effective government: (Np if the state is not completely dominant in its territory, it has to be capable of controlling the affairs of the state in the international sphere)
4. The capacity to enter into legal relations with other states: having official diplomatic relations with other states. (?)

Question 19

What is an international organization?

Answer 19

Is an entity established and governed by an international agreement among subject of international law to fulfill the tasks in the common interests with its own organs.
Its legal personality is granted insofar it must fulfill its functions conferred for the common interest & usually its legal personality are defined on the constitutive treaty of the organization.

Question 20

Individuals as subjects of international law

Answer 20

in general individuals bear limited responsibility for war crimes, crimes against the peace and crimes against humanity. In reality individuals more than obligations on the international level, they are granted rights (inter. law human rights)

Question 21

Companies as subjects of international law

Answer 21

Companies are not subjects of inter. law per se, and normally they will be governed by domestic law (and explain the opposite situation).

Question 22

Requirement to be subject of international law

Answer 22

1. It’s an entity governed & stabilised by an international agreement
2. Between subjects of international, which sim is fulfilling tasks in the common interest
   3 has it owns organs

Question 23

Sovereignty