TA questions

Question 1

What is the main purpose of Jus in Bello, and how does it relate to the conduct of parties during armed conflict?

Answer 1

Main Purpose: Regulates the conduct of parties during armed conflict, ensuring humane treatment and limiting unnecessary suffering.

Question 2

How does Jus in Bello aim to protect non-combatants and those not participating in hostilities during armed conflicts?

Answer 2

Protection of Non-Combatants: Prohibits attacks on civilians, mandates distinction between combatants and non-combatants, and requires proportionality in attacks.

Question 3

Can you give examples of legal norms under Jus in Bello that regulate the treatment of prisoners of war or civilians?

Answer 3

Treatment of prisoners of war: Geneva Conventions (e.g., humane treatment, no torture).
Protection of civilians: Prohibition of targeting civilians under Additional Protocols to the Geneva Conventions.

Question 4

How does Jus in Bello differ from Jus ad Bellum in international law?

Answer 4

Jus ad Bellum: Governs when states may use force (e.g., self-defense).
Jus in Bello: Governs conduct during the conflict itself.

Question 5

What is the difference between international customs and treaty law in international law?

Answer 5

International Customs: Unwritten rules derived from consistent state practice accompanied by opinio juris (belief that the practice is legally required). They are universally binding unless explicitly rejected.

Treaty Law: Written agreements between states that are binding only on signatories. Treaties provide more clarity and specificity but lack universal applicability.

Question 6

What is the difference between treaties and customary international law in terms of precision and application?

Answer 6

Customary Law: Based on consistent state practice and belief in its legal obligation (opinio juris). It is unwritten and universally binding.

Treaty Law: Written agreements binding only on parties who ratify them, offering greater precision.

Question 7

Explain the concept of opinio juris and its role in establishing customary international law.

Answer 7

Opinio Juris: The belief by states that a practice is legally obligatory; crucial for establishing customary law.

Question 8

How does the principle of state behavior contribute to the formation of customary international law?

Answer 8

Consistent and widespread state behavior, coupled with opinio juris, creates customary international law. This includes both action and inaction that demonstrate acceptance of a norm.

Question 9

Can you provide examples of customary international law that have become widely accepted over time?

Answer 9

Prohibition of genocide.
Immunity of diplomats.
Prohibition of torture and slavery.

Question 10

How does the Lex Specialis Principle apply when a treaty and customary international law conflict?

Answer 10

The Lex Specialis Principle states that specific law (e.g., a treaty) prevails over general law (e.g., customary law) in cases of conflict.

Question 11

According to the Time Rule, how do conflicting norms between customary law and treaty law get resolved?

Answer 11

The Time Rule resolves conflicts by giving precedence to the newer norm, whether it is customary or treaty-based.

Question 12

When there is a conflict between a treaty and customary law, which is more likely to prevail and why?

Answer 12

The outcome depends on the specific case, but treaties often prevail due to their precision. However, Jus Cogens norms always override conflicting treaties.

Question 13

What does Jus Cogens mean in international law, and why are these norms considered hierarchically superior to other norms?

Answer 13

Jus Cogens are peremptory norms of international law from which no derogation is permitted. They are universally binding and protect fundamental principles like the prohibition of genocide and torture.

Question 14

Can a state derogate from Jus Cogens norms through a treaty or agreement? Explain.

Answer 14

No. Any treaty or agreement violating Jus Cogens norms is considered void

Question 15

Is the prohibition of genocide a Jus Cogens norm? Provide reasoning for your answer.

Answer 15

Yes. The prohibition of genocide is universally recognized as a fundamental and non-derogable norm.

Question 16

Is the Right to Self-Determination considered a Jus Cogens norm? True or False? Explain.

Answer 16

True. The right to self-determination is widely recognized as a Jus Cogens norm because it reflects fundamental principles of sovereignty and equality

Question 17

Does the UN have legislative powers under international law? Why or why not?

Answer 17

No, the UN does not have legislative powers. It relies on member states to create binding treaties and enforce international law

Question 18

How does the UN contribute to the development and codification of international law, despite lacking formal legislative authority?

Answer 18

Through drafting conventions, promoting treaties, and passing General Assembly resolutions that shape customary law

Question 19

How do UN resolutions differ from treaties in terms of binding authority?

Answer 19

UN resolutions, particularly from the General Assembly, are non-binding recommendations, whereas treaties create binding legal obligations for signatories.

Question 20

Explain how the veto power of the P5 members in the Security Council can affect the UN’s effectiveness in peacekeeping missions.

Answer 20

The veto power enables any P5 member to block action, often stalling peacekeeping efforts and undermining UN effectiveness.

Question 21

How does the principle of state sovereignty interact with the protection of human rights under international law?

Answer 21

Sovereignty limits external intervention, but international law obligates states to protect human rights. Tensions arise when sovereignty conflicts with humanitarian obligation

Question 22

In the context of humanitarian intervention, what role does state sovereignty play in limiting or justifying intervention by other states or the UN?

Answer 22

Sovereignty can limit intervention by framing it as a breach of international law. However, it may justify intervention under doctrines like the Responsibility to Protect (R2P) when states fail to protect their populations.

Question 23

Can international law compel states to respect human rights even when it contradicts their sovereign interests? Provide examples.

Answer 23

Yes. Treaties like the ICCPR and the Universal Declaration of Human Rights impose obligations. Examples include sanctions for human rights violations (e.g., apartheid in South Afric

Question 24

What is the Responsibility to Protect (R2P) doctrine, and how does it relate to humanitarian intervention?

Answer 24

R2P obligates states and the international community to prevent genocide, war crimes, ethnic cleansing, and crimes against humanity. It justifies intervention when states fail to protect their populations.

Question 25

Under R2P, what are the three pillars that guide the international community’s response to mass atrocities?

Answer 25

State responsibility to protect its population.

International assistance to states.

Timely and decisive intervention when states fail.

Question 26

How does R2P challenge the traditional concept of state sovereignty? Give examples where R2P was invoked (or failed to be invoked).

Answer 26

R2P prioritizes human rights over sovereignty. Examples:
Invoked: Libya (2011).
Failed: Syria, due to geopolitical gridlock.

Question 27

Is R2P a binding obligation for states, or is it a principle that guides international behavior? Explain your answer.

Answer 27

R2P is a guiding principle rather than a legally binding obligation, relying on political will for implementation.

Question 28

What are the main structural issues in the UN, and how do they affect the organization’s effectiveness in global governance?

Answer 28

Inequality among member states due to Security Council P5 veto power.
Bureaucratic inefficiency.
Dependence on member state contributions, limiting autonomy.
Inability to enforce resolutions universally.

Question 29

What are some major failures of the UN in peacekeeping, and how might these failures undermine the UN’s legitimacy?

Answer 29

Rwanda (1994): Failure to prevent genocide.
Srebrenica (1995): Failure to protect civilians during the Bosnian War.
These failures highlight operational weaknesses and erode trust in the UN.

Question 30

How does the Security Council’s veto power impact decision-making and equality among member states?

Answer 30

The veto power allows any P5 member (USA, UK, France, Russia, China) to block decisions, even with majority support, leading to gridlock and undermining equality among states.

Question 31

How do allegations of misconduct by UN peacekeepers affect the reputation of the UN and its ability to intervene in crises?

Answer 31

Allegations of sexual abuse and exploitation undermine the credibility of peacekeeping missions, reducing public and member state support for interventions.

Question 32

What is the hierarchy of law in Canada, and where do treaties and customary international law fit into this system?

Answer 32

The Canadian Constitution is supreme. Treaties are not directly enforceable until implemented by domestic law. Customary international law is considered part of Canadian law unless it conflicts with existing statutes or the Constitution.

Question 33

How does the Canadian Constitution impact the implementation of international treaties within Canadian law?

Answer 33

Treaties must be implemented through provincial legislation to have legal effect in Canada, as per the Constitution’s division of powers.

Question 34

Explain the relationship between provincial legislation and international law in Canada. Are provinces bound by international treaties and customary law?

Answer 34

Provinces are indirectly bound by treaties if domestic legislation aligns with them. Customary international law applies unless it conflicts with provincial statutes.

Question 35

What are some of the main problems in international law related to interpretation and enforcement?

Answer 35

Lack of a centralized enforcement mechanism.
Divergent interpretations of norms and treaties by states.
Dependence on voluntary compliance by sovereign states.

Question 36

How do judicial decisions and scholarly writing contribute to the development of international law?

Answer 36

Judicial decisions (e.g., ICJ rulings) provide authoritative interpretations of international law. Scholarly writings offer analysis and influence the development of customary norms and legal principles.

Question 37

Explain the concept of general principles of law in international law. Can you give examples of these principles?

Answer 37

General principles are fundamental legal norms recognized across national legal systems. Examples include:
Good faith.
Prohibition of unjust enrichment.
Pacta sunt servanda (agreements must be kept).