Preguntas examen Flashcards
Diplomatic protection
May not be exercised by a state of nationaliy in respect of a person against a state of which that person is also a national unless the nationality of the former state is predominant
In Spain, the treaties which require the prior authorization by Parliament are
International treaties set forth in articles 93 and 94.1 of the Spanish Constitution
What is an international administrative agreement under Spanish Law 25/2014?
It is an agreement set out in the treaty that it implements or specifies the terms of
Spain can make a reservation to a treaty
When accepting the treaty and pusporting to exclude or modify the legal effect of a provsion of a treaty
The ICJ Judgement of 26 February 2007 on Srebrenica
Determined that the massive killings were not accompained by the specific intent to destroy the protected group
Authentication of a treaty means in general international Law and Spanish Law
An act whereby Spain establishes the text of an international treaty as correct, authentic, and definitve
Within the context of the ICJ Judgement of 1 October 2018, Bolivia v Chile
A point of law as wether or not certain unilateral acts could give rise to an obligation to negotiate an access to the Pacific Ocean
Are judicial decisions and precendents subsidiary menad for the determination of rules of law?
Yes, together with the teaching of world class publicists
In Spain, all resolutons of International Organizations
Are not automatically incorporated into Spanish Law
Is the UK notification of withdrawal from the EU an autonomous unilateral act?
No, because it depends on the provisions of an international treaty
What is an indispensable requirement to the formation of a custom?
Extensive and uniform state practice showing a general recognition that a rule of law is involved
The King of Spain
Need not to produce full powers to express Spain’s consent to be bound by a treaty
Does article 38 of the Statute of the International Court of Justice create a hierarchy of sources?
No, it does not create a hierarchy among the sources of public international law
Are all the formally recognized sources of Public International Law reflected in article 38 SICJ?
Yes, except for unilateral acts of states and resolutions of International Organizations
Under Spain’s Law 25/2014
Provisional application of a treaty may be authorized by the Council of Ministers
