International Law Exam Bundle Graded A+

Possible Essay Topics - ANSWER-- The New Zealand approach to International Law - Hierarchy issues with sources of International Law Definition of International Law - ANSWER-It is the system of governing relations between states. It is horizontal, so all states are equal, and countries enter into...

Compare and contrast at least two theoretic accounts of international law (realism vs. liberalism or natural law vs. positive law). - ANSWER-- Realism contends that, in an anarchic international system, states main objective is for survival that obligates them to maximize their relative power in ord...

International Law - ANSWER-A set of rules and principles that govern the relationships and interactions between states and other actors in the international community Origins of International Law - ANSWER-Modern international law developed out of Renaissance Europe and is strongly entwined with t...

What is International Law? - ANSWER-1. Law governing states relations with one another 2. Law that governs states and intergovernmental organizations; law that acts upon states and governs primarily their relations with one another Who makes international law? - ANSWER-States or countries Wes...

Two Types of International Law - ANSWER-1. International Agreements: Treaties, conventions, declarations, and contracts. Technically binding on the parties, and is an articulation of the things you can do or not do. 2. Customary International Law: Universally obligatory, arises out of civilize...

What are the five sources of international law, from most to least authoritative? - ANSWER-Treaties Customary law General principles of law Judicial decisions Teaching of the most highly qualified publicists Who introduced the concept of equality of states? - ANSWER-Vattel, a Swiss lawyer ...

______: "IL as understood among ______ may be defined as consisting in those rules of conduct which reason deduces as consonant to justice from the nature of the society existing among independent nations" - ANSWER-James Madison: civilized nations IL is applying - ANSWER-reason to questions of ...

What is a treaty? - ANSWER-VCLT Article 2 defines a treaty as an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or two or more related instruments. Who can initiate treaties? - ANSWER-(1) Individual state...

Efficacy - ANSWER-Effectiveness of law. Effective law must have rule making, enforcement, and adjudication. Positivism - ANSWER-It is the consent of states (actors) that matters in international law Role of the UN - ANSWER-Creates soft law that generates aspects of international law. "Promote...

International Court of Justice (ICJ) - ANSWER-is the principal judicial organ of the United Nations (UN). It was established by the Charter of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). (Custom) Customary international law - ANSWER-aspects of inte...

Peremptory norm - ANSWER-Norm that is accepted and recognized by the international community of states from which no derogation is permitted (fundamental principle of international law) Threat of force - ANSWER-Is considered a form of 'coercion' and is not legal (deterrence of a threat does not...

Which of the following best describes different sources of international law? - ANSWER-treaties, decisions of state courts, U.N. resolutions forum Non Conveniens ___ - ANSWER-involves situations where there is more than one country has legal jurisdiction and a choice can be made between the two j...

South West Africa cases - ANSWER-ICJ - difference between law and politics Right of Passage over Indian Territory - ANSWER-Customary legal norms need not be universal in scope. ICJ stated that long continued practice between two States accepted by them as regulating their relations' can form th...

Grotius Natural Law - ANSWER-Restitution must be made for a harm done Promises through signature or treatise must be kept International Law typically includes - ANSWER-Relations b/w states Status, rights, and duties of individuals, Status, rights, and duties of certain kinds of organizations a...

International Law Definition - ANSWER-International law is that body of rules which prescribes the reciprocal rights and duties of nation-states in their mutual relations and which governs generally the actions of nation-states in their interface with one another Characteristics State - ANSWER-Th...

International Law - ANSWER-A body of principles, norms, and processes which regulates the relations of states and other international person, and governs their conduct affecting the interests of the international community of states as whole. J.L. Briely - ANSWER-defined international law as the ...

Law - ANSWER-Consists of a series of rules regulating behavior, and reflecting, to some extent, the ideas and preoccupations of the society within which it functions. Law is that element which binds the members of the community together in their adherence to recognized values and standards. It is...

State - ANSWER-Term to describe a country or nation considered to be an organized political community under one government International Law - ANSWER-The set of rules countries follow in dealing with each other. Domestic Law - ANSWER-Are laws that affect people in their Daily lives, they are s...

Treaty (def) - ANSWER-an international agreement in writing and governed by international law Treaties (description) - ANSWER--can be between states and international organizations -can be written or oral Bilateral Treaty - ANSWER--establishes mutual rights and obligations between two states ...

The two theories in international and national law are - ANSWER-Monism and Dualism. The monist theorist believe that the international and domestic law - ANSWER-form one legal system and that international law is hierarchically superior. Domestic=national - ANSWER-municipal law Monist theor...

Definition of IL - ANSWER-The law that governs the relationship between states Austin - IL is not law Higgins - Il is a continuing process of authoritative decisions Mutua - a predatory system that legitimizes, reproduces and sustains the plunder and subordination of the third world by the West ...

How is International Law Made? - ANSWER-- Law-making in international law, a 'horizontal' system, different from national law. - In domestic systems, sources of law are primary and secondary legislation and judicial decisions, and we do not think much more about it. - International law is pr...

Private International Law - ANSWER-Part of State's domestic law and is utilized to determine the legal system applicable to a dispute and which the jurisdiction will resolve. Public International Law* - ANSWER-Comprises rules and norms that regulate the conduct of States and other entities which...

Even when IL is broken, - ANSWER-this does not derogate from its authority To understand IL, one must - ANSWER-have some knowledge of world politics: it is the politics and not the IL of any situation which provides the context through which one should understand the law and its application Ro...

__________ Law sources include... • constitutions • legislative bodies • statutorily authorized rule making by government agencies and officials • judicial decisions • custom - ANSWER-Domestic _________ law sources include... • treaties • international custom • general ...

What, if any, is the difference between 'Conflict of Laws' and 'Private International Law'? - ANSWER-There is no significant difference between "conflict of laws" and "private international law." These terms are often used interchangeably to refer to the branch of law that deals with legal i...

What are the sources of international law? - ANSWER-The Statute of ICJ 38.1: 1. International treaties 2. International customs 3. The general principles of law recognized by civilized nations 4. Judicial decisions and the teachings of the most highly qualified publicists of the various natio...

Filartiga v. Pena - ANSWER-Officials who violate the rights of their own citizens can be brought to justice in US courts under Alien Tort Act Jus Cogens - ANSWER-A Preemptory norm of international law from which there can be no derogation. Sources of International Law/Article 38 of the ICJ Sta...

What is public international law? - ANSWER-law applicable on international community; tool to regulate the relations in international community through binding rules of conduct What is the International community? - ANSWER-originally interstate community → international law today: internationa...

Definition (and nature) of PIL - ANSWER-PIL - area of law that deals with private law matters involving a foreign element --'private' e.g. contract, delict, UE, marriage/divorce, adoption + succession --'foreign element' connects a matter to more than one legal system e.g. parties could b...

Treaty - ANSWER-A formal agreement between nations Embassy - ANSWER-The office of a country's diplomatic representatives in the capital city of another country Diplomatic Immunity - ANSWER-The exemption from prosecution a country's representatives enjoy while serving in another country. (A...

monist approach - ANSWER-Approach is often used by civil law countries - Under the monist approach, there is no division between the international and domestic systems of law - The legal system is an organic whole, there is a continuum between the international and domestic levels - You can rely ...

Universal Jurisdiction - ANSWER-refers to the idea that a national court may prosecute individuals for any serious crime against international law — such as crimes against humanity, war crimes, genocide, and torture — based on the principle that such crimes harm the international community or in...

What is John Austin's definition of law? - ANSWER-'A command issued by a sovereign backed by a sanction' What is International Law? - ANSWER-Int Law consists of 'rules' that govern relationships involving states and international organizations. What is another name for int law? - ANSWER-P...

what is international law? - ANSWER-rules that govern the relationship between states and international organizations Why is international law necessary? - ANSWER-The international realm is anarchic and each state has their own sovereignty - therefore conflicts are inevitable. Other issues such a...

Public international law - ANSWER-The law of nations; a body of rules that nations consider to be binding in their mutual relations; based on the "consent" of the nation-state "Persons" with standing - ANSWER-international organizations, nations, NGOs, corporations, and individuals Private...

International Court of Justice - ANSWER-International Court that is unique because it has universal geographic jurisdiction and universal subject jurisdiction, states must submit to its authority 5 Stages of ICJ Dispute Hearing - ANSWER-1. Does the court have jurisdiction? 2. Is the complaint adm...

Uti possidetis refers to: - ANSWER-States emerging from colonization succeed to existing administrative boundaries. The ICJ ruled that the island of Lete fell under which states authority? - ANSWER-Niger. Exclusive economic zones are up to ______ nautical miles from shore. - ANSWER-200 Each...

Public international law - ANSWER-the law of the international society and is a body of rules governing interstate relations, relations between states and international organizations, inter-international organization relations, some aspects of private relations. It is also a law that governs some as...

International law is principally concerned with: - ANSWER-Legal norms that operate among nations (or "states") In what way(s) is international different from national law? - ANSWER-International law is largely decentralized The horizontal structure of international law is - ANSWER-Decentrali...

What are the characteristics of the horizontal structure of international law? [multi-select] Fully sovereign states Compulsory jurisdiction Reciprocity Decentralized - ANSWER-decentralized, Fully sovereign states, Reciprocity Which of the following is an example of the vertical structure of...

Many countries have entered into agreements to facilitate trade with certain regions of the world. Two examples of these Regional Trade Communities are the European Union (EU) and Central American Common Market (CACM). - ANSWER-True The most important multilateral trade treaty is probably the Gen...

Who are the main subjects and sources of International Public Law? - ANSWER-States What are the 3 main characteristics of International law? - ANSWER-Natural Law (concepts shared by all), consent (to bind to other states), reciprocity Inter. Public Law is different to Inter. Private Law becaus...

What is International Law (IL) ? - ANSWER-When most nations consider it a part of mutual expectations in their relations with each other. International Law (IL) is only effective: - ANSWER-When enough nations apply it in their international relations The rules of IL are derived from: - ANSWER-...

jus gentium - ANSWER-law of nations public international law - ANSWER-concerning the political actions of state or individuals forum non conveniens - ANSWER-another court may more conveniently hear a case binding - ANSWER-to impose one or more legal duties on a person or institution that re...

Which of the following best describes different sources of international law? - ANSWER-treaties, decisions of state courts, U.N. resolutions The strongest case for a U.S. court to assume jurisdiction over a business dispute would be ________. - ANSWER-over a dispute involving a U.S. company arisi...

Fathers of International Law - ANSWER-Hugo Grotius and Emerich Vattek International Law - ANSWER-Face common coordination and collaboration problems. Cannot have United Nations without international law. Designed to facilitate international order Customary International Law - ANSWER-accepted p...