Topic 23 and 24: International Law

Question 1

What are the 4 sources of international law?

Answer 1

International conventions or treaties.

Customary international law (CIL).

General principles of law recognised in the municipal legal systems of civilised nations

Judicial decisions and writings of the most qualified publicists

Question 2

Many CIL rules were codified in Vienna Convention rules and United Nations Convention on the Law of the Sea. True or false?

Answer 2

True

Question 3

What are examples of customary international law (CIL) that have been implemented in Singapore as statutory law?

Answer 3

Slavery (s 367, Penal Code)
Torture (s 330, Penal Code)
Genocide (s 130D, Penal Code)

but not the death penalty.

Question 4

What are the 5 principle organs of the United Nations

Answer 4

General Assembly

UN Security Council

Economic and Social Council

Secretariat

International Court of Justice (ICJ)

Question 5

What is an example of municipal principles of law influencing international law?

Answer 5

1928 Chorzow Factory Case.

Permanent Court of International Justice (predecessor to ICJ) ruled that a general principle of law existed by which a breach of an engagement involves the obligation to make reparations.

Question 6

Is the ICJ bound by its previous decisions?

Answer 6

Nope. It is not bound by any of its previous decisions, but it may be persuasive when relevant.

Question 7

Singapore was the ____ member of the United Nations

Answer 7

117th member of the UN

Question 8

What are the three principles of the United Nations Charter?

Answer 8

The preservation of peace through collective security

The promotion of economic development through mutual aid.

The safeguarding of the inalienable right of every country to establish forms of government in accordance with the wishes of its own people.

Question 9

What are the UN specialized bodies that Singapore is part of?

Answer 9

World Trade Organisation (WTO)
International Monetary Fund (IMF)
World Health Organisation (WHO)

UN Commission on International Trade Law
UN Security Council
International Civil Aviation Organisation
International Maritime Organisation

Question 10

The ICJ has jurisdiction over all its member states. True or false?

Answer 10

False.

It only has optional jurisdiction.

States can choose whether or not to bring to ICJ.

Question 11

What is international law?

Answer 11

A body of rules that is accepted as binding on states

Question 12

“The effectiveness and function of international law depends on the extent that states want it to work.” True or false?

Answer 12

True. Singapore likes intl law as it is a leveller - otherwise, the big dogs like US and China will treat small states like Singapore like shit.

Question 13

Why is customary international law (CIL) referred to as ‘jus congens’?

Answer 13

Jus congens = Compelling law

CIL is compelling law because it is a set of laws that are peremptory and from which no states can deviate.

Also CIL is compelling law because they are based on fundamental values. No civilised state would go against fundamental values.

Question 14

What does secession mean?

Answer 14

A withdrawal of a group from a larger entity.

Question 15

Singapore seceded twice. When and how did it secede?

Answer 15

In 1963 from British when it joined Malaysia

In 1965 when it left Malaysia to become independent.

Question 16

After 1965, the treaties that would continue to bind newly independent Singapore would be any treaty or agreement entered into by Malaysian or the British Government. True or false?

Answer 16

False. False. False.

Singapore would only be considered a successor to treaties and agreements signed before independence if:

1) They had been concluded by the self-government State of Singapore ‘with the assent of the United Kingdom’
2) They were concluded or extended by the UK after having consulted and obtained the consent of the Singapore Government
3) They were concluded or extended by Malaysia (when Singapore was part of it) after having consulted and obtained the consent of the Singapore Government

For all other T&A, Singapore is entitled to express its willingness to succeed or to make reservations.

Question 17

What is Singapore’s position with regards to any treaties and agreements signed by Malaysia or Britain before Singapore’s independence in 1963 (when it ceded from Britain) and 1965 (when it ceded from Malaysia)?

Answer 17

They would only be binding on SIngapore if:

1) They had been concluded by the self-government State of Singapore ‘with the assent of the United Kingdom’
2) They were concluded or extended by the UK after having consulted and obtained the consent of the Singapore Government
3) They were concluded or extended by Malaysia (when Singapore was part of it) after having consulted and obtained the consent of the Singapore Government

For all other T &A, Singapore is entitled to express its willingness to succeed or to make reservations.

Question 18

“A newly independent State begins its life with a clean slate, except in regard to “real” obligations” Does this accurately capture the position of Singapore with regards to treaties signed by Malaysia or Britain before Singapore became independent?

Answer 18

Yes. Though, this came from the Vienna Convention on the Law on the Succession of States in Relation to Treaties 1978 - and thus not applicable to Singapore’s position in 1963 and 1965.

Question 19

In 2001, Singapore was elected to one of the 10 non-permanent seats in the UN Security Council. True or false?

Answer 19

True

Question 20

“Once the treaty has been signed, it is binding on the state.” True or false?

Answer 20

False. A treaty is only fully consented to once it has been ratified by Parliament of the state.

Question 21

“Even after Singapore enters into a treaty, the law in the treaty does not immediately apply to Singapore.” true or false?

Answer 21

True. A further step is needed to implement international law into Singapore statute. Until then, it is just a treaty - it is not yet law in Singapore.

Question 22

What is an example of a piece of treaty that Singapore acceded to, but did not implement into law until many years later?

Answer 22

We acceded to the Convention Preventing or Prohibiting Genocide in 1995 but it didn’t become part of Singapore law till 2007, when it was incorporated into the Penal Code

Question 23

“Even if a CIL is accepted by the court as part of common law, it may still be superseded by statute.” True or false?

Answer 23

True. However, if the CIL came in at the constitutional law level, then statute may not be able to trump it.

Question 24

“On 23 May 2008, the ICJ ruled that Pedra Branca was under Singapore’s sovereignty”. Does this mean that ICJ has automatic jurisdiction over Singapore?

Answer 24

No, the only reason why ICJ had jurisdiction was because both Singapore and Malaysia had signed a special arrangement to let ICJ resolve this dispute.