Public International Law: The Origin and More Comprehensive Exam Answers Reviewed by Experts
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Public International Law: The Origin and More
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Public International Law: The Origin And More
Birthplace of International law? - ANSWER-Europe
Customary International Law - ANSWER-long-established norms of behavior among states that, though not formalized in treaties, are routinely respected and come over time to be viewed as obligatory under international law; Customary international la...
Public International Law: The Origin and
More Comprehensive Exam Answers
Reviewed by Experts
Birthplace of International law? - ANSWER-Europe
Customary International Law - ANSWER-long-established norms of behavior among
states that, though not formalized in treaties, are routinely respected and come over
time to be viewed as obligatory under international law; Customary international law
results from a general and consistent practice of states that they follow from a sense of
legal obligation
International law's key formative years? - ANSWER-the time between the decline of the
Holy Roman Empire and the birth of new states in Europe
Father of international law? - ANSWER-Hugo de Groot
three conditions for the admission of new members into the circle of the Family of
Nations? - ANSWER-1. State must be a civilized state which is in constant intercourse
with members of the family of nations
2. state must expressly or tacitly consent to be bound for its future international conduct
by the rules of international law
3. those states which have hitherto formed the family of nations must expressly or tacitly
consent to the reception of the new member
terra nullis - ANSWER-empty land / land not already under the control of another state
treaties - ANSWER-written agreements consented to between parties on a certain
subject
1955 Treaty of Friendship and Good Neighborliness - ANSWER-Treaty between Libya
and France which ultimately binds Chad in the Aozou Strip Dispute
,"State in Succession" theory - ANSWER-The law wants predictability and thus assumes
that treaties that governed Chad before it came to be Chad will suffice and continue to
govern
World War I led to three constructive changes in international order: - ANSWER-1.
European states began to accept that unlimited recourse to war to resolve disputes was
counterproductive to their national interests and that recourse to war should be
regulated regularly
2. European and US leaders concluded that some ethnic groups in Europe that lacked
their own state should determine their own political future
3. the independent states agreed upon a fundamental institutional arrangement to
address questions of war and peace and develop legal norms in other areas such as
health, labor and communications (League of Nations)
What formed the League of Nations? - ANSWER-Treaty of Versailles
Genocide Convention of 1948 - ANSWER-Convention adopted by the UN in 1948 that
defined genocide, based on the definition created by Raphael Lemkin. Importantly, the
UN convention does not define the killing of political groups as genocide. This was
vetoed by the Soviet Union, a member of the UN Permanent member council.
Rainbow Warrior Affair - ANSWER-international NGO used a ship to protest commercial
whaling; members of the French Directorate General of External Security bombed the
ship and two of its members were captured and charged with murder and arson under
New Zealand law
Article 38 - ANSWER-Provides the traditional starting point for where international law is
made
Article 38 is a starting point for two reasons: - ANSWER-1. it suggests that courts and
other decision makers simply find existing IL in one of several predefined sources and
then apply it as appropriate to a given dispute
2. although treaties and custom remain the principal means by which IL is made, they
are increasingly supplemented by alternative forms of law, which stem from lawmaking
, and standard-setting activities of international organizations, regional bodies,
multinational enterprises and NGOs
3 Reasons why treaties may be the preferred form of law: - ANSWER-1. despite issues
of interpretation, their content is relatively easy to determine
2. treaties reflect the formal consent of the states that ratified them to be bound by their
terms
3. treaties may be a more familiar source of law to national policy makers and their
constituents than other sources of international law
Various approaches to International Law: - ANSWER-1. Treaties
2. Custom (evidence of general practice accepted as law)
3. Soft Law (loosely defined as declared norms of conduct understood as legally non-
binding by those accepting the norms)
4. Common Legal Principles (recognized by civilized nations, such as res judicata or
estoppel)
5. Judicial decisions and teachings of the most highly qualified publicists of various
nations
Custom - ANSWER-law that "results from a general and consistent practice of states
followed by them from a sense of legal obligation"
Soft Law - ANSWER-loosely defined as declared norms of conduct understood as
legally non-binding by those accepting the norms
How is a rule of customary international law established? - ANSWER-State practice has
to be virtually uniform, extensive and representative
Opinio Juris - ANSWER-consistent state practice becomes law when states follow the
practice out of a sense of legal obligation
State practice takes numerous forms: - ANSWER-1. Diplomatic contacts and
correspondence
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