Topic 11

Question 1

What is international law?

Answer 1

International law is the system of rules, norms, and principles that govern the relationships between sovereign states and other international actors.

Question 2

What are the primary subjects of international law?

Answer 2

States are the primary subjects of international law. Intergovernmental organizations (IGOs), international non-governmental organizations (INGOs), and multinational corporations (MNCs) also have a degree of international legal personality, meaning they have rights and responsibilities.

Question 3

What is the foundation legal principle of international law?

Answer 3

Sovereignty is the foundational legal principle of international law. It refers to the absolute authority and self-determination of the state.

Question 4

Why is international law consent-based?

Answer 4

International law is consent-based because sovereignty grants states absolute authority and self-determination.

Question 5

How is international law becoming increasingly regulative of internal state conduct?

Answer 5

International law, which was traditionally meant to facilitate orderly relations between states, is becoming increasingly regulative of internal state conduct in certain areas, such as human rights law.

Question 6

What are some of the challenges associated with international law compared to domestic law?

Answer 6

International law lacks a centralized government, including a legislature, judiciary, executive branch, and police force. This decentralized structure makes enforcement much more difficult and inconsistent compared to domestic law.

Question 7

What are the sources of international law?

Answer 7

• Treaties: Written, legally binding contracts between states governed by international law.
  
  • Customary Law: Binding law based on customary practice and state opinion, including jus cogens norms.
  • Soft Law: Non-legally binding principles, such as UN General Assembly resolutions.
  • Judicial decisions: International case law, although decisions may not transfer between different international courts.

Question 8

What are some characteristics of treaties?

Answer 8

• Treaties require ratification for full state membership.
  
  • Some treaties, such as human rights treaties, may include reservations and derogations.
  • The 1969 Vienna Convention on the Law of Treaties (VCLT) governs treaties, outlining principles of bindingness, consent, good faith, etc.
  • Examples of treaties include the United Nations Charter, North Atlantic Treaty, International Covenant on Civil and Political Rights, and the Genocide Convention.

Question 9

What are the characteristics of customary international law?

Answer 9

• Binding on all states, except for states that persistently object to the law.
  
  • Determined by two elements: state practice and state opinion (opinion juris).
  • Examples include laws of aggression, diplomacy, international criminal law, and non-refoulement for refugees.

Question 10

What distinguishes hard law from soft law?

Answer 10

• Treaty and customary law are legally-binding “hard law.”
  
  • Soft law consists of non-legally binding principles and norms, including UN-based declarations and resolutions, codes of conduct, guidelines, standards of conduct, and recommendations.

Question 11

What are the benefits of soft law?

Answer 11

Soft law is easier and faster to create than hard law and is much more flexible.

Question 12

What are some examples of soft law?

Answer 12

The Universal Declaration of Human Rights, The UN Declaration on the Rights of Indigenous People (UNDRIP), and International Opposition to Apartheid in South Africa.

Question 13

What is the law of state jurisdiction?

Answer 13

The law of state jurisdiction refers to the scope of a state’s legal authority to make, apply, and enforce rules of conduct.

Question 14

What are the different principles of prescriptive jurisdiction?

Answer 14

• Territoriality: States have jurisdiction over events occurring within their territory, including land, air, and territorial sea.
  
  • Nationality: States can claim jurisdiction over their nationals, regardless of their location.
  • Universality: Certain offenses are considered so serious that any state can claim jurisdiction, regardless of where the crime occurred or the nationality of the perpetrator. This principle applies to crimes like genocide, war crimes, and crimes against humanity.
  • Passive personality: A state can exercise jurisdiction when the victims of a crime are their nationals, even if the offense occurred outside their territory.
  • Special state interests: States may claim jurisdiction in cases where they have a specific interest, such as the production of counterfeit currency that impacts their economy.

Question 15

What is the principle of enforcement jurisdiction?

Answer 15

• territoriality
• Concurrent jurisdiction