Public International Law

Question 1

What is public domestic law?

Answer 1

relationship between individuals and the state (within a nation), it includes administrative law

Question 2

What is public internal law?

Answer 2

the law relating primarily to internal treaties and customs, and the legal relationship between states, as well as to a lesser degree with the rights and obligations of non-state actors, including individuals

Question 3

What are the distinct periods of international law?

Answer 3

1. primitive period: before 1648
2. classical or traditional period: 1648 - 1919
3. modern period: 1919 - present

Question 4

What is a subject?

Answer 4

usually a state that has an international legal personality and is capable of possessing rights and obligations

Question 5

What is an object?

Answer 5

focuses on a subjects rights and obligations, and it can be a person, an entity, a geographical area, or a resource

Question 6

What is state sovereignty?

Answer 6

it refers to the state’s exclusive power in certain areas
> ex. power to make, administer, and adjudicate its own laws in relation to itself and its own citizens and residents

Question 7

What is state jurisdiction?

Answer 7

it is the area of control within which a state’s sovereignty can be exercised, they have jurisdiction over all matters in the territorial limits

Question 8

What is state responsibility?

Answer 8

it is the principle that says a state should be held accountable for breaches of internal obligations

Question 9

what is state immunity?

Answer 9

state or its officials have immunity in the event they become the subject or judicial proceedings in another state
prevents the judicial proceedings from progressing any further

Question 10

what are the UN 7 core principles of internal law?

Answer 10

1. Recognizing sovereign equality of states
2. Fulfilling international obligations on good faith
3. Settling international disputes peacefully
4. Not threatening or using force against other states
5. Assisting the UN as necessary
6. Respecting non-member states
7. Not intervening in the domestic affairs of a state except to maintain or restore international peace, or in self-defence

Question 11

what are the 5 sources of public international law?

Answer 11

1. international customs
   > general practice been accepted as binding law
2. treaties
   > governed by the Vienna convention on the law of treaties - 111 states
3. general principles of law
4. domestic judgements and commentary
5. unilateral decision

Question 12

how do treaties become binding?

Answer 12

countries must enact legislation making them part of their domestic law

Question 13

What are the branches of International law?

Answer 13

law of war, international criminal law, international human rights law, international environmental law, law of the sea and related seas

Question 14

how is international criminal law governed?

Answer 14

by the Rome Statute adopted in July 1998

Question 15

how is international law enforced?

Answer 15

not a strong enforcement mechanism
International Court of Justice (ICJ) resolves nonviolent disputes

Question 16

what is the collective response (international peace and security)?

Answer 16

1. comes from ad hoc groups of nations directed by the UN security council, as it is charged with maintaining peace
2. NATO would respond if there was a breach

Question 17

what are indiviudal state responses?

Answer 17

1. article 51 provides that states have inherent rights to defend themselves and security council may take measures to maintain peace
2. states can use contra-measures and reprisals against states which are violated international obligations