T1 Nature, Scope and Evolution of International Law

Question 1

What is public international law?

Answer 1

Public international law governs the legal relations between sovereign states and other international actors, such as international organizations and, to a limited extent, individuals. I

Question 2

What is public international law derived from?

Answer 2

Public international law is primarily derived from treaties, customary international law, general principles of law recognized by civilized nations, and the decisions of international courts and tribunals.

Question 3

What are the key documents in PIL?

Answer 3

1. UN Charter
2. UDHR
3. VCLT
4. Rome Statute for the ICC

Question 4

What are the essential features of an international legal system?

Answer 4

1. Sovereignty of States
2. Consent-based system
3. Decentralised nature
4. Horizontal structure
5. Diverse sources of law
6. Lack of coercive enforcement
7. Role of international organisations
8. Dynamic and evolving

Question 5

What does the enforcement of IL rely on?

Answer 5

Voluntary compliance, diplomatic pressure, and reputational concerns.

Question 6

What are the enforcement mechanisms in IL?

Answer 6

1. Sanctions
2. Embargos
3. Collective action

Question 7

What are the fundamental principles of PIL?

Answer 7

1. Sovereignty & territorial integrity
2. Non-intervention
3. Prohibition of the use of force
4. Pacta Sunt Servanda
5. Human rights
6. Peaceful settlement of disputes

Question 8

What are the challenges facing PIL?

Answer 8

1. Enforcement
2. Fragmentation
3. Rise of non-state actors
4. Compliance & Accountability
5. Human rights violation
6. Environmental challenges

Question 9

What is the scope of PIL?

Answer 9

1. Human rights law
2. International Humanitarian Law
3. International Criminal Law
4. International Environmental Law
5. Law of the Sea
6. International Trade Law
7. International Dispute Resolution
8. Diplomatic Consular Relations
9. International Economic Law
10. Use of Force & Collective Security