Ilc draft articles - Study guides, Revision notes & Summaries

SECTION A - QUESTIONS AND ANSWERS TRUE AND FALSE Indicate whether each of the following statements is true or false. You must substantiate your choice in each instance. There are two requirements which must be present for the formation of a customary international law rule: jus cogens and opinio juris. False - The requirements are usus and opinio iuris , Jus cogens is a norm from which no derogation is permitted The United Nations may exercise diplomatic protection over its agents and it...

LCP4801 EXAM PACK 2023. 100% TRUSTED Answers, guideInternational law lOMoARcPSD| False - In this case the court preferred the declaratory theory – ie only the four objective requirements in the Montevideo Convention must be met for an entity to be considered a state The ICTY is a permanent international criminal tribunal which functions as the judicial arm of the United Nations. False -The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established by Security Co...

LCP4804 EXAM PACK 2023 QUESTIONS WITH LATEST ANSWERS. There are two requirements which must be present for the formation of a customary international law rule: jus cogens and opinio juris. False - The requirements are usus and opinio iuris , Jus cogens is a norm from which no derogation is permitted The United Nations may exercise diplomatic protection over its agents and it may institute an action on their behalf. True - This was confirmed by the ICJ in Reparation for Injuries Suffered i...

Treaty Breach Consequences – Sources of Law - Investment treaty provisions  Treaty provisions • War, armed conflict & insurrections • Monetary damages  No treaty provisions - Customary international law  Chorzow Factory case  ILC Draft Articles • Reparation - Restitution  Material v Juridical - Satisfaction  Declaration  In lieu of damages  No damages - Compensation  Valuation methods  Loss of profits  Moral damage  Causation  C...

TOPIC 1. THE NATURE OF PUBLIC INTERNATIONAL LAW A. DEFINING INTERNATIONAL LAW International Law = a binding regime of principles and rules that regulates the relations among states, and individuals and other non-state entities. UN Charter, Art 2(1): The United Nations is ‘based upon the principle of sovereign equality of all its members’ • No state may compel another to submit to judicial settlement • No state is bound by a new international rule without consent B. IS INTERNATI...

LCP4801 REVISION STUDY PACK. lOMoARcPSD| REVISION STUDY PACK _________________________________________________________________________________ SECTION A - QUESTIONS AND ANSWERS TRUE AND FALSE Indicate whether each of the following statements is true or false. You must substantiate your choice in each instance. There are two requirements which must be present for the formation of a customary international law rule: jus cogens and opinio juris. False - The requirements are usus and ...

LCP4801_ International Law_ STUDY NOTES. Before a state can act on behalf an individual who has suff ered as a result of an international wrong in the territory of another state, the individual must be a national of the state. Nationality is generally in itself a suffi cient nexus but not invariably so. Problems may arise in the event of multiple-nationality. The standard case in this regard is the Nottebohm case 1955 ICJ Rep – make sure that you understand what was decided here. Make su...

Defences - Express Exceptions in Investment Treaties - Security Exceptions - Interpretation - General Exceptions (Art XX GATT/Art XIV GATS) - Tax measures - Government procurement/subsidies/grants - State's financial infrastructure - Existing/Future non-conforming measures Defences - Customary International Law - Consent - Force Majeure - State of Necessity State Counterclaims - Treaties/ICSID Convention/Arbitration Rules - Instruments of consent - Variations of scope of co...

State responsibility - Constituent elements - Legal effects Attribution of wrongful conduct to states - State organs - Entities exercising elements of governmental authority - Ultra vires acts of State organs/agencies - Conduct directed/controlled by State - Subsequent adoption/acknowledgment by State Treaty interpretation - General rule (Art 31 VCLT) - Supplementary means (Art 32 VCLT) - Treaties authenticated in +2 languages (Art 33 VCLT)

LCP4801_International_Law_Exam_Questions AND ANSWERS. INTERNATIONAL LAW LCP4801 - QUESTION PAPERS PERIOD 0CT/NOV 2018 – SEMESTER 1 - 2019 Page 1 ASSIGNMENT 2 (1 APRIL 2019) Total: 15 Marks State whether the following statement is true or false. 1. Two sources of international law include custom and jus cogens. False Article 38 of the ICJ statute lists custom, treaties, general principles and scholarly writings as sources of international law. 2. For a state to meet the requirements of...