IICL 2024 Exam with Complete Solutions

IICL 2024 Exam with Complete Solutions Antony Anghie - Answer-i. Central was the distinction between civilized and uncivilized states. These enabled positivists to explain why non-European states were excluded from IL. One reason was that no law existed in non-European, barbaric regions. A second reason was that non-European regions had legal systems that were so alien in character, no proper legal relations could develop. Lassa Oppenheim - Answer-i. For a state to become a member of the family of nations they must be: (1) civilized, (2) in constant intercourse with the family of nations, (3) must expressly or tacitly consent to be bound by international law, and (4) the family of nations must accept that state. Hugo de Groot - Answer-"father of IL," there was a law of nature (not divine) that could be implemented; and had to be applicable to all. i. Three doctrines (still relevant today): (1) applicability of law of war to all parties, (2) freedom of the seas, and (3) extraterritoriality of ambassadors. 3 assumptions of positivism - Answer-(1) law must be expressed, (2) IL created by sovereign states which are the subject of IL, and (3) law is effective even if unjust when measured against some moral standard Terra Nullius - Answer-IL in the 19th century: justified acquisition of territory by colonial powers; Europeans could acquire empty land or terra nullius, land not already under the control of another "state." IL in 20th Century (changes) - Answer-after WWI b/c states sought to resolve conflict w/o war! wanted to develop legal norms in areas like labor, health and communication. WWII sped this up b/c of use of force and major human rights issues; colonial system declined. UN Charter and Declaration of HR - Answer-GA passed in 1948; int'l trials of political and military leaders after WWII solidified individual duties under IL; D's would argue they were following superior's orders but the court's disagreed "crimes again IL are committed by men, not by abstract entities"