PIL

Question 1

Obligations erga omnes

Answer 1

Obligations of a State towards the international community asd a whole; rights in the itnerest of all States.

Question 2

Jus cogens

Answer 2

Peremptory norm of international law; accepted and recognized by the international community of states as a norm for which no derogation is permitted and which can only be modified by a subsequent norm of general international law having the same character.

Question 3

Ex aequo et bono

Answer 3

According to right or good/from equity or conscience; parties to a case before the ICJ may stipulate and ask the Court to decide based solely on equity.

Question 4

Sources of International Law (Art. 38(1) of the ICJ Statute)

Answer 4

1. International Treaties and Conventions
2. Customary International Law
3. Generally Accepted Principles of Law
4. Judicial Decisions and Teachings of the most highly qualified publicists

Question 5

Treaty

Answer 5

1. International Agreement
2. Between States
3. In writing
4. Governed by International Law
5. Whether embodied in a single instrument or two or more related instruments, and whatever particular designation may be given

Question 6

Customary International Law

Answer 6

a. Duration
b. Uniformity and Consistency of Practice
c. Generality of Practice
d. opinio juris et necessitates

Question 7

Opinio Juris

Answer 7

Recognition and feeling of a State that they are conforming to what amounts to a legal oblgiation, rather than something that is just done out of courtesy, fairness or morality

Question 8

Persistent Objector

Answer 8

Since the process of formation and development of the custom, the State expressed its objection of the practice (clear and unequivocal)

Question 9

Custom

Answer 9

1. State practice
2. Opinio juris

Question 10

Montevideo requirements for a State

Answer 10

1. defined territory
2. permanent population
3. government
4. capacity to enter into relations with other states