Week 1

Question 1

2 types of adjudicatory (oordelende) bodies with International Dispute Settlement

Answer 1

1) ICJ = permanent
- organ of UN
2) ad hoc = temporary

Question 2

4 Methods of consent

Answer 2

1) special agreement
2) compromissory clause
3) optional clause declaration
4) forum prorogatum

Question 3

Special agreement (2x)

Answer 3

• North Sea Continental SHelf
• retrospective

Question 4

Compromissory clause (3x)

Answer 4

• prospective
• ICC
• Law of the sea/UN convention

Question 5

Optional clause declaration (1x)

Answer 5

Accepting jurisdiction of ICC

Question 6

Forum prorogatum (4x)

Answer 6

• Retrospective
• Accepting jurisdiction for specific case
• last resort
• one time only basis

Question 7

Customary international law 2 elements

Answer 7

1) State practice
2) Opinio Juris

Question 8

State practice

Answer 8

Followed as general practice among states

Question 9

Opinio Juris

Answer 9

Accepted as legally binding

Question 10

International wrongful act (CHAGOS) 2 elements

Answer 10

1) attribution: conduct/act/omission by a state
2) breach: act or omission not in conformity with international rule

Question 11

Legal consequences (4x)

Answer 11

1) Cessation & non-repetition (= stopzetting)
2) Remedies for preventing
3) establishing the situation prior to the wrongful act
4) reparations

Question 12

3 types of reparations

Answer 12

• restitutions
• compensation
• satisfaction

Question 13

Constituent treaty

Answer 13

Treaty that establishes an international organization –> UN-Charter

Question 14

3 exceptions to general presumption of normative quality

Answer 14

• peremptory norms (jus cogens = dwingend recht)
• obligation erga omnes (= whole international community)
• obligations UN charter

Question 15

Acquisition of new territory (4)

Answer 15

1) cession (= overdracht)
2) accretion (= aanwas door natuur)
3) occupation (= was nog van niemand)
4) conquest

Question 16

Negative obligation

Answer 16

non-action is required

Question 17

Positive obligation

Answer 17

States must adopt measures in order to fulfill their obligations

Question 18

tripartite typology

Answer 18

1) respect (= refrain)
2) protect (= preventing)
3) fulfill (= take action)

Question 19

Functions ICCPR Human rights Committee (3)

Answer 19

1) monitoring
2) enforcement individual complaints
3) interpretation

Question 20

Extraterritorial application

Answer 20

Whether human rights law can apply in circumstances in which a state is exercising jurisdiction of its territory.

Question 21

Personal Model

Answer 21

Physical power & control over a person

Question 22

Spatial model

Answer 22

Effective control over an area

Question 23

Conditions to derogate from human rights obligations (3)

Answer 23

• public emergency certain gravity
• emergency is actual or imminent
• measures must be strictly required

Question 24

Territorial principle

Answer 24

State has jurisdiction over all acts, whether criminal or not, committed on its territory and over everyone located on the territory of a state.

Question 25

Objective territory

Answer 25

Effects of an offence that a state will have jurisdiction over; completed on its territory, eventhough some elements took place abroad.

Question 26

Subjective territory

Answer 26

State has jurisdiction over all acts that are completed abroad as long as they are initiated or planned on territory of state in question.