lesson 2

Question 1

What are the sources of Public international law?

Answer 1

article 38 ICJ statute:
A. international treaties
B. international custom
C. general principles of law
D. judicial decisions and academic publications.

Question 2

difference between primary and secondary sources of int. law?

Answer 2

Primary sources are based on consent of states (A, B, C) and secondary sources are not (D).

Question 3

difference between bilateral and multilateral treaty?

Answer 3

bilateral treaty is a treaty between two states, and multilateral between more than two.

Question 4

difference between regional and global treaty?

Answer 4

regional treaty is treaty in certain region, and a global treaty is a treaty open for every state to sign.

Question 5

what is a treaty? (requirements)

Answer 5

• between states
• in written form
• governed by international law

Question 6

what are basic principles of the law of treaties?

Answer 6

1. based on free consent of states.
2. pacta sund servanda- treaty in force is binding and must be performed in good faith.
3. treaties are only binding upon party states.

Question 7

What is an international custom?

Answer 7

-general principle/ state practice (objective element)
-accepted as law (subjective element)

Question 8

explain the objective element of int. custom?

Answer 8

state practice. State acting in a certain way anytime same practice happens.
state practice:
-consistent and uniform, but not universal.
-generally accepted
-of a certain duration- takes a while to establish

Question 9

explain the subjective element of int. custom?

Answer 9

-acceptance as law (opinio juris), states are performing the custom out of a sense of obligoation.
opinio juris:
-acts on domestic level by enacting law.
-acts on int. level by concluding treaties.
-through membership in int. organizations.

Question 10

what are general principles of law as source of PIL, and what are examples?

Answer 10

-they are used to ‘fill the gaps’’
-they are principles common to a large ammunt of law systems.
examples are:
-pacta sunt servanda
-good faith
-ne bis in idem- you cannot be punished for the same thing twice.

Question 11

what is soft law?

Answer 11

legal instruments that have no/ less legal force. it is a secondary source of PIL and is used to see how states think about certain issues.

Question 12

jus cogens/ erga omnes