Public International Law 1 with top-quality answers with guaranteed precision
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Public International Law 1
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Public International Law 1
Cite the development of the law of nations or public international law. - ANSWER-It developed as a system of norms derived from the tradition of the late medieval jus gentium, meaning the natural law established for every human being along with the consent of states.
Why was international law a ...
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Cite the development of the law of nations or public international law. - ANSWER-It
developed as a system of norms derived from the tradition of the late medieval jus
gentium, meaning the natural law established for every human being along with the
consent of states.
Why was international law a question of morality? - ANSWER-During the 13th century,
St. Thomas Aquinas pioneered the questioning of international law's morality for him to
grasp the origins of starting or not starting wars.
Who answered the question of starting
wars? - ANSWER-The ones answering are heads of the nation-states like monarch
rulers.
What was the Peace of Westphalia? - ANSWER-It is a multilateral peace agreement
among European countries to end the 30-year war which occurred from 1618-48.
Is the Westphalian system linked to international law's birth? - ANSWER-It hones the
idea of how the nation-states in international law were established based on territory
and political facets over religious demarcations.
Cite international law's historical origins. - ANSWER-It originated from Europe extending
to the Mediterranean, to Russia, and the Near East. European colonizers like Spain and
Britain introduced international law to their colonies in America, Africa, Asia, & Oceania.
During the 20th century, the former European colonies gained independence and were
acknowledged as states & interacted with organizations in the international community.
What are the natural law origins of international law? - ANSWER-1. Philosophical
traditions of Roman law & Roman church.
2. The law of nations is for the benefit & consent of each state.
,3. We should also consider unlawful things to avoid practicing even against our
enemies.
Cite the accounts of the following experts on international law. - ANSWER-a.) Grotius's
De iure ac pacie (1625)
Development of universal principles of
justice.
b.) Common interests bound Vattel's Le
Droit de gens (1758) Independent
nations & think about the welfare
of other states, unlike the Eurocentric
past.
c.) Wolff bridged the first 2 accounts
Defining just gentium as the collective
formulation of a universal political entity
among states & a supreme state
(Eurocentric) from which would proceed
the law of nations.
d.) Emmanuel Kant proposed an
international federation of republican
states to recharacterize IL's binding
character.
What is positivism in international law? - ANSWER-It is a belief that the positive law or
the authority or sovereign-made law is the one true law & powerful in making sanctions.
Does positivism see international law (IL) as between or above states? - ANSWER-It
sees IL as a law between states since each state entering into agreements needs
consent & fulfillment of obligations with one another.
, What was John Austin's (1790-1859), account on IL & positivism? - ANSWER-Contrary
to positivism, Austin called international law the law improperly so-called due to his
belief that there was no single sovereign commanding, & sanctions were decentralized
and sporadic.
What were Hart's 3 categories of rules proving a developed legal system? - ANSWER-
Primary rules = concerning human action and interaction;
Secondary rules = rules of adjudication, enforcement, & change which underpin and
operate in relation to the primary rules;
Master 'rule of recognition
Enables the observer to identify the components of the system & treat them legally.
Accepting the system mattered more compared to the primary rules.
What is the basis of obligation in IR? - ANSWER-The general authoritativeness of an
obligation is based on how it is effectively adopted or incorporated within the domestic
aspect of various states in the international community.
What is the trajectory of IL as far as state and sovereignty is concerned? - ANSWER-a.)
18th-century Vattel acknowledged that
sovereignty enables equality of states in
the law, obligations, & recognitions within the international community regardless of the
strengths and weaknesses of the state.
b.) Kingsbury called out how the state loses its normative priority & utilizes the
functionalist perspective to compete with supranational, private, & local actors in the
optimal allocation of regulatory authority regardless of how functionalism intensifies
inequality, weakening restraints on coercive intervention, diminishing critical roles of the
state as a locus of identity and an autonomous zone of politics, & redividing the world
into zones.
Differentiate the League of Nations and United Nations? - ANSWER-The League of
Nations was established as part of the Peace or Versailles (1919) In response to avoid
another WWI yet it failed resulting in its dysfunctionality during the 1930s and official
cease of operations on April 10, 1946.
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