Module 1 – The Nature of International Law

Question 1

Who was Grotius and what did he accomplish?

Answer 1

Hugo Grotius was a Dutch jurist in the 1600s, one of the first to write about ‘international law’

Question 2

What was the treaty of Westphalia?

Answer 2

The treaty of Westphalia ended the 30 years war between Spain and Holland and established diplomatic framework.

Question 3

When and how was the League of Nations established?

Answer 3

In 1928 by the Treaty of Versailles.

Question 4

Describe the Kellog-Briand Treaty.

Answer 4

The Kellog-Treaty (1928) was an agreement by nation-states not to use war to resolve disputes.

Question 5

When was the UN Charter created?

Answer 5

1945

Question 6

What is the significance of ‘sovereignty’ and the concept of the ‘State’?

Answer 6

Under international law all States have sovereign equality (Article 2(1) of the UN Charter).

Question 7

Describe Article 2(7) of the UN Charter.

Answer 7

Article 2(7) provides that nothing in the UN Charter authorises the UN to intervene in the domestic jurisdiction of any State

Question 8

Describe Article 2(1) of the UN Charter.

Answer 8

Article 2(1) provides that the UN is based on the principle of the sovereign equality of all its members.

Question 9

What is the Critical legal theory view of international law?

Answer 9

Legal objectivity in international law must be seen in the context of its social, economic and political influences.

Question 10

What is the feminist theory view of international law?

Answer 10

Women are excluded from law-making and international law has failed by not intervening with States to protect women.

Question 11

What is the Natural law view of international law?

Answer 11

All law is the natural order of things, not an artificial construct, and international law is a natural extension.

Question 12

What is the Postivist view of international law?

Answer 12

The actual practices of States legitimise international law. Ethics and morality is irrelevant.

Question 13

Describe the facts and significance of the ‘SS Lotus’ Case of 1927.

Answer 13

Dispute between France and Turkey after two ships collided and Turkey convicted a French officer. Heard by the Permanent Court of International Justice, who found international law was not violated as it governs relationships between states, rather than restricting state independence.

Question 14

Describe Chapter 14 of the UN Charter, Articles 92-6.

Answer 14

Establishes the International Court of Justice (ICJ).

Question 15

Describe Article 94(1) of the UN Charter.

Answer 15

Decisions of the ICJ are binding on member states but not non-members.

Question 16

Describe Article 59 of the ICJ Statute

Answer 16

the decision of the court shall have no binding force except between the parties and in respect of that particular case

Question 17

Describe Article 94(2) of the Charter

Answer 17

ICJ judgments can be enforced by the UN Security Council

Question 18

Describe Article 34(1) of the ICJ Statute

Answer 18

only States may be parties in cases before the court

Question 19

Describe Article 36(1) of the ICJ Statute

Answer 19

States may agree to refer a dispute to the court

Question 20

In what ways may states refer a matter to the ICJ?

Answer 20

‘compromis’ (special agreement)Treaty between member states

Question 21

Describe the Minquiers and Ecrehos case.

Answer 21

Between France and UK over English Channel, referred by compromis.

Question 22

Name a treaty that refers disputes to the ICJ.

Answer 22

Optional Protocol to the Vienna Convention on Consular Relations (1963)

Question 23

Describe Article 36(2) of the ICJ Statute.

Answer 23

Allows states to agree in advance to the ICJ having general jurisdiction (Australia withdrew in 2002).

Question 24

Describe the ‘Monetary Gold’ principle

Answer 24

ICJ will not hear matters involving third-party states who do not consent to the jurisdiction.

Question 25

Describe the East Timor case.

Answer 25

Between Portugal and Australia (1995) concerning Australia’s entry into Timor Gap Treaty as would involve Indonesia (Monetary Gold Principle).

Question 26

What was the ICJ: Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (1994) report?

Answer 26

The ICJ’s advisory opinion of the construction of the Israeli Wall.

Question 27

Describe the case of Toonen v Australia

Answer 27

human rights complaint brought before the United Nations Human Rights Committee (UNHRC) by Tasmanian in 1994 concerning criminalisation of sodomy.