Public International Law Exam questions with comprehensive, verified solutions
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Course
Public International Law
Institution
Public International Law
4 sources of international law - ANSWER-1. Treaty
2. Customary international law
3. General principles of law
4. Subsidiary/tribunal
Sources of international law - ANSWER-Art. 38 ICJ treaty
3 Theories of Compliance - ANSWER-1. Transnational legal process theory
2. Liberal theory
3. ...
Public International Law Exam questions
with comprehensive, verified solutions
4 sources of international law - ANSWER-1. Treaty
2. Customary international law
3. General principles of law
4. Subsidiary/tribunal
Sources of international law - ANSWER-Art. 38 ICJ treaty
3 Theories of Compliance - ANSWER-1. Transnational legal process theory
2. Liberal theory
3. Legitimacy theory - law mobilizes compliance to the extent it is legitimate
ICJ is a treaty that established the international court of justice - ANSWER-1.
international conventions - primary source of law (treaty) 2. International custom
3. General principles of law recognized by civilized nations
4. Judicial decisions and the teachings of the most highly qualified publicists of the
various nations, as subsidiary means for the determination of rules of law
A Treaty under Art. 2(1)(a) of the Vienna Convention must: - ANSWER-1. Be in writing
2. Between states
3. Whatever its particular designations
4. Governed by international law and
5. Can be a single instrument or in two or more related documents
Treaty - Art. 2(1)(a) - Vienna Convention - ANSWER-The person signing must have the
capacity to sign and must be consensual.
,Capacity - 6, 7(1), and 46 of the Vienna Convention - ANSWER-1. Every state has
power to conclude a treaty
2. A person is authorized to represent a state for purposes of entering into a treaty if:
a) full powers or
b) authority clearly appears from the circumstances
3. A state may not invoke a violation of its internal law to vitiate its consent to be bound,
unless the violation was manifest and concerned a rule for fundamental importance
Not defeating objects & purpose of treaty - art. 18 Vienna convention - ANSWER-Can't
do anything that would defeat the object and purpose of the treaty.
Where the state has not yet consented to be bound, the obligation continues "until it has
made its intention clear not to become a party to the treaty."
Reservation - Article 2(1)(d) Vienna convention - ANSWER-A unilateral statement that
purports to exclude or modify the legal effect of certain provisions of the treaty in their
application to that State.
A state may formulate a reservation unless: - art. 19 Vienna convention - ANSWER-a)
the reservation is prohibited by the treaty
b) treaty provides that only specified reservations may be made
c) the reservation is incompatible with the object and purposes of the treaty
Beneficiaries of reservations - ANSWER-Representatives of the State
Beneficiaries of treaties - ANSWER-People of the state
ICCPR (international covenant on civil public rights) - art. 20 Vienna convention -
ANSWER-The most important treaty about human rights. Any advocacy of national,
racial or religious hatred that constitutes an incitement to discrimination, hostility or
violence shall be prohibited by law.
, US had reservation against it saying they wouldn't prosecute if protected by 1st
amendment.
Reservations: Positives - ANSWER-Maximizes the amount of states becoming a party
Reservations: Negatives - ANSWER-Waters down the normative of a treaty and not all
are permissible.
No reservations: - ANSWER-No reservations are allowed in the law of the sea.
Cannot make reservations when it would defeats the object and purpose of the treaty.
Objections to Reservations - Reservations to the convention on genocide - ANSWER-
Every state has the right to object or enter into a reservation.
The objection does modify the treaty as it relates to the relationship between the two
states.
A reservation is inoperable if 2/3 of the parties object.
A state that makes the reservation that has been objected to is still a party of the treaty
if the reservation is still compatible with the object and purpose of the treaty.
If the reservation is not compatible, the state may be kicked out as a party.
Another effect is that the objecting state may view the party who made the reservation
as no longer a party of the treaty in respect to the objecting party.
Pacta sunt servanda - ANSWER-Every treaty in force is binding upon the parties to it
and must be performed by them in good faith.
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