International Law

Question 1

Topics of international law

Answer 1

• War and Peace
• The Sea
• The Environment
• Economic and Financial Relations
• Crime
• Human Rights

Question 2

Actors

Answer 2

• States
• International organizations (IGOs): States are members
• Multinational enterprises
• Nongovernmental organization (NGOs): Individuals are member
• United Nations
• Security Council
• International Court of Justice
• Individuals

Question 3

Statehood

Answer 3

• A state is entitled to conclude treaties with other states
• it can become a member of international organizations
• Its sovereignty must be respected

Question 4

Duties of a state

Answer 4

A state must refrain from settling international disputes by force and it must respect the human rights of its citizens

Question 5

Criteria for statehood

Answer 5

• defined territory
• a permanent population
• a government exercising effective power

Question 6

Sovereign equality of states

Answer 6

All states have the same rights and obligations

Question 7

Sovereignty

Answer 7

The right and power of a state to govern itself without any interference from the outside

Question 8

Attribution of Powers

Answer 8

IGOs can only exercise the power explicitly granted to them in the founding charter of the organization

Question 9

Implied powers

Answer 9

IGOS: As long as an action is necessary to achieve the organizations goals, it may be carried out

Question 10

Who can become parties to treaties?

Answer 10

Only states and not international organizations can become parties to treaties

Question 11

Race to the bottom

Answer 11

Governments tend to complete with each other by lowering their standards at the expense of their population and the environment

Question 12

Consultative Status

Answer 12

Enables an NGO to attend meetings, circulate documents, make speeches and lobby delegates

Question 13

Difference national law and international law

Answer 13

National law deals with legal relations within the territory of a single state and with the organization of that state itself
International law deals with the legal relations between states

Question 14

Sources of international law

Answer 14

• The general principles of law recognized by civilized nations
• Treaties
• Customary Law
• Judicial decisions

Question 15

What is Voluntarism

Answer 15

A state can only be bound by an obligation after it agreed to it. States aren’t required to accept any obligation they don’t agree with

Question 16

Peremptory Norms

Answer 16

Rules of “ius cogens” or peremptory norms are the highest in rank and they override any contrary international obligations of a state

Question 17

Jurisdiction

Answer 17

A states competence to make and enforce rules in respect of person, property or events.

Exercised in 3 ways:

• by legislature
• by courts
• enforcement by police or military

Question 18

Jurisdiction principles

Answer 18

• The active nationality principle:
• The passive nationality principle:
• The universal principle:
• The effect principle:
• The protective principle:

Question 19

Enforcement

Answer 19

International Law enforcement is depending on states and domestic institutions.

The international Court of Justice relies on the willingness of states to comply with its judgement

Question 20

Negative rules

Answer 20

Standards that impose on states an obligation to refrain from taking certain actions

Question 21

Prohibition of interface in international affairs

Answer 21

Helps to protect state sovereignty against outside intervention by other states

Question 22

Observer

Answer 22

A state may be granted as observer state by the general assembly. An observer state can attend meetings and make statements but has no voting rights

Question 23

Security Council

Answer 23

15 members of which 5 are permanent members with veto power (China, France, Russia, UK, USA)

Question 24

United Nations

Answer 24

193 Member states each of it has one vote. Apart from it there are some Observer states

Question 25

Ruling of the UN

Answer 25

The UN can’t pass law that’s binding on the member states. Their resolutions are non binding recommendations

Question 26

International Court of Justice

Answer 26

Inter state disputes can be brought here and only if states have decided to accept the mandate of the court

Question 27

UN secretatiat

Answer 27

Deals with the administration of the UN

Question 28

Individuals

Answer 28

• Duty not to commit international crimes

- Right to complain to the international human right courts