Week 2: distinguishing law from politics

Question 1

Sources of International Law

Answer 1

Identified by article 38 of the ICJ Statute

1. Treaties
2. Customary International Law
3. General principles of law
4. Judicial decisions
5. Teachings of publicists

Question 2

Primary rules

Answer 2

Rules that set out the rights and obligations of States and other international actors

Question 3

Secondary rules

Answer 3

Rules that determine the existence of primary rules, the doctrine of rules

Question 4

Treaty

Answer 4

notion determined by the 1969 Vienna Convention on the Law of Treaties
An international agreement concluded between States i written form and governed by International Law
Treaties v=can look like a contract or legislation

Question 5

State practice

Answer 5

the general and consistent practice by States’ organs

Question 6

Opinio juris sive necessitatis

Answer 6

The sense of legal obligation/ general practice accepted as law (generally observed under the statements of a State)

Question 7

Persistent objector doctrine

Answer 7

A doctrine used in the area of Customary International Law. A State that has persistently objected to customary rule during its formation is not bound by that rule

Question 8

Non liquet

Answer 8

A situation in which a competent court or tribunal fails to decide the merits of an admissible case for whatever reason, be it the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law, or the injustice of the legal consequences

Question 9

Jus cogens norms identified by the ICJ

Answer 9

the prohibition of genocide

the prohibition of torture

Question 10

Jus cogens norms identified by the International Law Commission

Answer 10

Prohibition of aggression, slavery, racial discrimination, crimes against humanity
Right to self-determination

Question 11

Jus cogens norms

Answer 11

Peremptory legal norms from which no derogation is permitted. Art 53 VCLT notes that a jus cogens norm can be modified by a subsequent norm of general IL having the same character.

Question 12

Erga omnes consequence

Answer 12

Related to Jus cogens. It denotes that the obligations of jus cogens norms are owed to the international community as a whole rather than a State. This means that any State can react to its violation, not only those affected.

Question 13

Soft law

Answer 13

A variety of non-legally binding but normatively worded instruments used in contemporary international relations by States and IOs

Question 14

Cheng’s conditions to instant customs of UNGA resolutions

Answer 14

1. Strong consensus in favour of the resolution

2. Appropriate normative wording