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Public international law Fundamentals exam questions with thoroughly correct answers

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What does public international law regulate? - ANSWER-Public international law is a set of rules and principles that govern the relationships between sovereign states and other international actors. It plays a crucial role in facilitating cooperation, resolving conflicts, and promoting stability in...

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  • October 20, 2024
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  • Public international law Fundamentals
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Public international law Fundamentals
exam questions with thoroughly correct
answers

What does public international law regulate? - ANSWER-Public international law is a set
of rules and principles that govern the relationships between sovereign states and other
international actors. It plays a crucial role in facilitating cooperation, resolving conflicts,
and promoting stability in the global community.

Public international law regulates various aspects, including: sovereignty, peace and
security, human rights, diplomacy, treaties and agreements, international organizations,
environmental law, law of the sea, space law, and state responsibility.

Public international law is a dynamic field that continues to evolve as new challenges
and issues emerge in the international arena



What in the 17th century resulted in the creation of the "modern state system"? -
ANSWER-The Peace of Westphalia (1648) which put an end to the Thirty Years War.
The aftermath was that Europe would be divided into a number of territorial unites, and
each could decide for itself which religion to adopt: cuius regio eius religio. No outside
interference was permitted, the result being the creation of sovereign states, and also
the birth of the modern state system.



Who was an established person in the developpment of international law in the 17th
century? - ANSWER-Hugo Grotius who was well known for his publication on the Law
of War and Peace (1625).



What two things were particularly significant in Grotius´ work? - ANSWER-1. The fact
that he formed a bridge between the classic naturalist way of looking at law and later
positivist theorizing.

2. He presented a synthetic, comprehensive vision of international law.



What does the term "terra nullius" mean? - ANSWER-Territory not having been subject
to sovereignity (territory belonging to no one).

, What does the term "terra communis" mean? - ANSWER-Common property, and thus
not being susceptibleto occupation and sovereignty.



What are two methods of expressing dismay with anither state´s actions? - ANSWER-1.
retorsion (a measure taken within the limits of the law and seen to send a clear political
signal)

2. Countermeasure (characterized by their own illegality, but this illegality is rendered
lawful IF they are done in response to an earlier wrongful act by the other side.)



What are the three main international relations theories? - ANSWER-1. realist theory

2. liberal institutionalist approach

3. constructive approach



What is global governance? - ANSWER-The exercise of authority, on the global level,
outside regular legal structures. For example different committiees and boards.



What were the main points about the 1927 Lotus case (France v. Turkey)? - ANSWER-
The Lotus case case established that International law is a permissive system
(behaviour must be considered permitted unless and until it is prohibited) instead of a
prohabitive system( behaviour is only lawful if there is a rule that specifically allows it )



1923 Wimbledon case (Britain et al. v. Germany) - ANSWER-Being able to enter into
international agreements is an emanation of a state´s sovereignty, instead of a violation
of it.



What are the sources of International law ? - ANSWER-As article 38 of the ICJ Statute
follows:

1. international conventions

2. international custom

3. general principles

4. judicial decisions and teachings (subsidiary means)



What does John Austin think about international law? - ANSWER-"positive morality"

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