Test 1 Topics 2025 Flashcards
What has been the most visible evidence of the growth of international law in the last century?
The proliferation of treaties.
What does the Vienna Convention on the Law of Treaties (VCLT) provide?
A framework capable of accommodating developments in modern treaty practice.
When was the Vienna Convention on the Law of Treaties adopted?
May 1969.
When did the Vienna Convention on the Law of Treaties enter into force?
January 27th, 1980.
What is the status of the VCLT in international law?
It now has customary status in international law.
To whom does Article 1 of the VCLT apply?
Relations between States only.
What does Article 18 of the VCLT obligate States to do?
Not to defeat the object of a treaty after signing but before ratification.
What are contracting States?
States that consent to be bound by the treaty.
What is the distinction between the conclusion of a treaty and consenting to be bound by it?
They are legally distinct acts.
What is required for the adoption of a treaty text according to Article 9?
Consent of all negotiating States, except for treaties adopted at international conferences.
What majority is required for treaty adoption at international conferences?
2/3 majority of all States present and voting.
According to Article 6, who has the capacity to conclude treaties?
Every State.
Who may legally represent a State in treaty matters, as per Articles 7 and 8?
Duly authorized representatives, including heads of State and Ministers for Foreign Affairs.
What must happen in Australia before a treaty text is submitted for signature?
It must be approved by all relevant Ministers and the Executive Council.
What are some ways States can express their consent to be bound by a treaty as per Article 11?
- Signatures
- Exchange of instruments
- Ratification
- Accession
- Acceptance
- Approval
What must be fulfilled for a treaty to be considered in force for a particular State?
It must be in force generally and have entered into force for that State.
What does Article 25 of the VCLT provide regarding provisional application of treaties?
It allows States an escape clause if the treaty does not work otherwise.
What is a reservation in the context of treaties, according to Article 2(1)(d) of the VCLT?
A unilateral statement made by a State to exclude or modify the legal effect of certain provisions of the treaty.
How does a reservation differ from an interpretative declaration?
A reservation modifies a treaty, while a declaration does not.
Under what conditions does the VCLT permit reservations?
- Article 17: Consent to be bound by part of the treaty.
- Article 19: Reservations are acceptable if the treaty permits.
Describe the concept of recognition in international law.
Government recognition involves a State acknowledging a group of persons as competent to act as the organ of the State and represent it international law.
Explain this a analogy used to describe the relationship between a State and it’s government.
The State is likened to a tree, while the government is compared to the leaves of that tree, indicating that while the State remains constant, the government can change.
Do recognition of a government and it’s legal consequences have any political implications?
Yes, recognition of a regime is a political act that carries legal consequences, such as entering diplomatic relations and the ability to bring claims in court.
How can the recognition of a government affect international relations?
Recognition can lead to significant international effects, such as diplomatic relations or the refusal to recognize a government, as seen in the USA’s stance towards the People’s Republic of China for over 20 years.
Define the term ‘artificial entity’ in the context of a State.
An artificial entity refers to the concept that a State exists as a legal construct, separate from the individuals who govern it.
What are the national consequences of recognizing a government?
National consequences include the ability to bring legal claims in court against a recognized government.
Explain the significance of recognizing a regime as a government in international law.
Recognizing a regime as a government is crucial for establishing diplomatic relations and legitimizing the government’s authority in international affairs.
Discuss the implications of a State’s refusal to recognize another government’s legitimacy.
Refusal to recognize a government’s legitimacy can lead to diplomatic isolation and hinder international relations, as seen in historical examples.
Describe the issue of government recognition in the context of a military coup.
Recognition of a government becomes problematic when a new regime takes power through a military coup, as this change is contrary to the Constitution.
Explain the difference between recognition of a government and recognition of a State.
Recognition of a State is a one-time act, while recognition of a government can be a repeated act depending on changes in leadership.
How does the recognition of a regime as a government depend on the recognition of the State?
A regime can only be recognized as a government if the State it represents is already recognized.
Do all changes in government require new recognition?
No, changes in government that occur through democratically conducted elections do not require new recognition.
Define the criteria for recognizing a regime according to the 20th century perspective.
Many states, since the 20th century, have recognized a regime if it meets Statehood criteria, such a having effective control over it’s population.
Explain the differing positions of the UK and the USA regarding government recognition.
The UK recognized regimes based on effective control over the population, while the USA required some form of democratic legitimacy before granting recognition.
How long did the USA withhold recognition from the USSR after it’s establishment.
The USA did not recognize the government of the USSR for more than a decade after it was established and recognized by other states.
What is the significance of democratic legitimacy in the context of government recognition?
Democratic legitimacy is significant for the USA’s recognition policy, as it does not recognize regimes lacking this legitimacy.
What is international legal personality?
The capacity of an entity to have rights and obligations under international law.
True or False: Only states possess international legal personality.
False
Which entities are typically considered subjects of international law?
States, international organizations, and individuals.
Fill in the blank: An entity with international legal personality can enter into _____ and be held accountable under international law.
international agreements
What is the primary characteristic that grants a state international legal personality?
Sovereignty
Multiple Choice: Which of the following is NOT a subject of international law? A) States B) NGOs C) Animals D) International Organizations
C) Animals
What is the role of international organizations in international law?
They can act as subjects of international law, entering treaties and holding rights and obligations.
True or False: Individuals can have international legal personality.
True
What term describes the legal capacity of individuals to bring claims in international courts?
International legal standing
Fill in the blank: _____ are recognized as subjects of international law primarily through treaties.
International organizations
What is one example of an international organization with legal personality?
The United Nations
Multiple Choice: Which of the following is a characteristic of international legal personality? A) Ability to sue B) Ability to be sued C) Ability to enter treaties D) All of the above
D) All of the above
What does the concept of ‘sovereign equality’ imply for states in international law?
All states have equal rights and duties under international law.
True or False: The recognition of a state by other states is necessary for it to have international legal personality.
False
Which document is fundamental in establishing the principles of international law?
The United Nations Charter
What is the significance of ‘juridical personality’ in international law?
It allows entities to participate in legal relationships on an international level.
Fill in the blank: States are the _____ subjects of international law.
primary
What is an ‘intergovernmental organization’?
An organization composed primarily of sovereign states, established by treaty.
True or False: Non-governmental organizations (NGOs) have limited international legal personality.
True
What is the difference between ‘de jure’ and ‘de facto’ recognition of a state?
‘De jure’ recognition is formal and legal, while ‘de facto’ recognition is based on actual control.
Multiple Choice: Which of the following can be considered a non-state actor in international law? A) Multinational corporations B) Individuals C) Terrorist groups D) All of the above
D) All of the above
What is the principle of ‘pacta sunt servanda’?
Agreements must be kept.
Fill in the blank: The _____ is the primary legal document governing the United Nations.
UN Charter
What is the impact of international legal personality on human rights?
It allows individuals to claim rights and seek justice on an international level.
True or False: International law only applies to states.
False
What is an example of a situation where an individual has international legal personality?
When they bring a case before the International Criminal Court.
What is monism in international law?
Monism is the theory that international law and domestic law form a single legal system.
What is dualism in international law?
Dualism is the theory that international law and domestic law are separate legal systems.
True or False: In a monist system, international law does not require domestic legislation to be applied.
True
Fill in the blank: In dualist countries, international treaties must be __________ to have legal effect domestically.
incorporated into domestic law
Which legal system typically recognizes the supremacy of international law?
Monism
Which legal system requires an act of legislation to transform international law into domestic law?
Dualism
What is an example of a country that follows a monist approach?
The Netherlands
What is an example of a country that follows a dualist approach?
The United Kingdom
True or False: In monism, domestic courts can directly apply international law.
True
What is the main implication of dualism on the enforcement of international treaties?
International treaties cannot be enforced without domestic legislation.
Multiple Choice: Which of the following best describes the relationship between international law and domestic law in a dualist system? A) Unified, B) Separate, C) Interdependent
B) Separate
What role do courts play in a monist system regarding international law?
Courts can apply international law directly as part of the domestic legal framework.
Fill in the blank: The __________ approach emphasizes the need for domestic law to implement international obligations.
dualistic
True or False: Monism allows for international law to have direct effect in domestic legal systems.
True
What does the term ‘direct applicability’ refer to in monism?
The ability of international law to be applied in domestic courts without additional legislation.
Multiple Choice: Which theory suggests that international law is subordinate to domestic law? A) Monism, B) Dualism, C) Both
B) Dualism
What is the significance of the ‘incorporation’ process in dualism?
It is the process through which international law is transformed into domestic law.
True or False: Dualist countries may face challenges in fulfilling international obligations due to the need for domestic legislation.
True
What is a common criticism of the dualist approach?
It can hinder the effective implementation of international law.
Fill in the blank: In a __________ system, international law is automatically part of the national legal order.
monist
Which approach is more commonly associated with civil law countries?
Monism
Which approach is more commonly associated with common law countries?
Dualism
What does the term ‘transformation’ mean in the context of dualism?
The process of changing international law into domestic law through legislative action.
True or False: The distinction between monism and dualism is only theoretical and has no practical implications.
False
What is the impact of monism on the relationship between state sovereignty and international obligations?
Monism often leads to a greater acceptance of international obligations as part of domestic law.
Fill in the blank: The __________ theory asserts that international law and domestic law are interconnected.
monist
