Public International Law Exam with expert-approved solutions for top-score
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Course
Public International Law
Institution
Public International Law
Sources of International Law - ANSWER-Treaties, CIL, General Principles of IL recognized by civilized nations, and judicial decision and writings of legal scholars.
Treaty - ANSWER-A treaty is a written agreement concluded between states and governed by international law, regardless of the name ...
Public International Law Exam with
expert-approved solutions for top-score
Sources of International Law - ANSWER-Treaties, CIL, General Principles of IL
recognized by civilized nations, and judicial decision and writings of legal scholars.
Treaty - ANSWER-A treaty is a written agreement concluded between states and
governed by international law, regardless of the name given to it, and whether
embodied in a single instrument or in two or more related instruments (Art 2(1)(a),
VLCT).
Unilateral Declaration - ANSWER-Where it is the state's intention who is making the
declaration to be bound under its terms, the intention confers on the declaration the
character of a legal undertaking.
Customary International Law - ANSWER-The elements of CIL are (1) state practice and
(2) opinio juris (North Sea Continental Shelf Cases).
State Practice - ANSWER-The relevant practice for establishing a rule of customary law
is essentially the practice of states in relation to each other, or in relation to other
recognized international actors such as international organizations. This is the objective
component.
Opinio Juris - ANSWER-"An opinion of law"—is the belief that an action was carried out
because it was a legal obligation (Why are they doing it?). The states must 'feel that
they are conforming to what amounts to a legal obligation.' (NSCS Cases). This is the
subjective component.
Evidence of Opinio Juris - ANSWER-(1) How the courts are interpreting the custom
(2) Negative Practice (as a conscious decision of the State)
Persistent Objector - ANSWER-Persistent objector is an exception to being bound by
customary international law, where it is generally accepted that a State who objected
consistently to the application of a rule of law while it was still in the process of
, becoming a rule, could continue to opt out of the application of the rule. (Anglo-
Norwegian Fisheries Case). However, there are certain customs that may not be opted
out of such as issues of jus cogens.
Baxter Paradox - ANSWER-To look for evidence of opinio juris for customary
international law, where there is a treaty, the relevant state must refer to their practice
as a result of custom and not in reference to the treaty.
Jus Cogens General - ANSWER-Jus cogens are rules from which no derogation is
permitted and which can be amended only by a new general norm of international law of
the same value.
Jus Cogens Specific - ANSWER-Jus cogens is a peremptory norm, which can be found
in Article 53 of the Vienna convention providing that a treaty will be void if at the time of
its conclusion, it conflicts with a peremptory norm of general international law. The norm
is defined as one accepted and recognized by the international community of states as
a whole as a norm from which no derogation is permitted and which can be modified
only by a subsequent norm having the same nature.
Examples of Jus Cogens - ANSWER-Examples of jus cogens norms will, however,
typically include, prohibiton on the use of force, the law of genocide, principle of racial
non-discrimination, crimes against humanitt , and the rules prohibiting trade in slaves or
human trafficking.
Soft Law - ANSWER-Soft law is a description for a variety of non-legally binding
instruments used in contemporary international relations by States and international
organizations.
Soft Law Instruments - ANSWER-Soft law includes inter-State conference declarations,
UN General Assembly instruments, resolutions dealing with outer space, the deep sea,
decolonization, or natural resources; codes of conduct; guidelines and
recommendations of international organizations, etc.
Authorized to Conclude Treaties - ANSWER-Art 7(1)(a) of the VLCT expresses persons
who produce full powers and those listed in Art 7(2) who, by virtue of their functions, are
considered as representing their state without having to produce full powers.
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