Thema 3: International Legal Order

Question 1

What is international law?

Answer 1

Process and system of rules are norms.
The body of law established to regulate the conduct of States and other entities possessing international legal personality

Question 2

Where did international law come from? (2)

Answer 2

State practise - what states do and their behaviour to each other
Normative system - ideas about how states should behave

Question 3

The Six principle organs of the UN are:

Answer 3

The General Assembly
The Security Council
Economic and Social Council
Trusteeship Council
The International Court of Justice
The Secretariat

Question 4

The ICJ has two primary tasks:

Answer 4

1. Settle disputes submitted to it by states IAW international law
2. Issues advisory opinions on matters of international law.

Question 5

‘Areas’ of international law include:

Answer 5

Law of the Sea, International Telecommunications and Transportation, Human and Humanitarian Law and Rights, Trade Laws, Environmental Laws

Question 6

‘Non-State actors’ refers to:

Answer 6

human rights organisations, transnational corporations etc

Question 7

Who does international law apply to?

Answer 7

Entities with “international legal personality”
Entities with any role in exercising international law
International organisations

Question 8

‘Non-state actors’ include: (3)

Answer 8

Transnational Corporations
Non-Governamental Organisations
Indigenous Peoples

Question 9

There are 3 primary sources for international law:

Answer 9

Treaties
Customs
and non-binding sources such as Declarations

Question 10

There are four things to be considered when determining whether new customary law rule has been formed:

Answer 10

Duration
Continuity and Repetition
Conformity
Generality

Question 11

“Jus Cogens” (compelling law) are

Answer 11

rules accepted as a standard base of norms. Unconditional norms that happens that we just accept that people are for or against.

Question 12

What are the four motivating factors for State adherance to international law:

Answer 12

Consent - implied when a treaty is signed
Public Opinion
Reciprocity - relationshops deteriorate when intl. law breached
Co-Existence

Question 13

The two theories relating to international laws effect on domestic law are:

Answer 13

Monism: IL automatically binds a state and becomes part of the states domestic laws
Dualism: IL is distinct from domestic law, not automatically integrated.

Question 14

States have four criteria:

Answer 14

Defined Territory - consistent and coherant over which a state has sovereignty
Permanent Population
Government - cohernat political structure able to exercise control over the population
Independence - sometimes expresssed as the capacity to enter into relations with other states.

Question 15

The State has three rights

Answer 15

Sovereignty - a state is entitled to exercise political control over its territory and in relation to its population

Equality - equal riugts and duties and are equal members of the international community

Political Independence and Territorial Intergirty - Article 2 (4) of the UN Charter requires states to refrain in their international relations from the threat of thge use of force against the political independence and territorial intergirty of any state

Question 16

The purposes of the UN are: (3)

Answer 16

1. to maintain international peace and security
2. to develop friendly relations between States
3. to achieve international co-operation in solving international problems, and coordinate and harmonise actions to achieve these ends.

Question 17

The Functions of the Security Council are (2)

Answer 17

1. The peaceful settlement of disputes between States

2. To authorise actions in relation to threats to the peace, breaches of the peace and acts of aggression