History of International Law Exam
Questions and Answers
International Law Definition - ANSWER-Establishment of a set of mutually agreed upon
rules respecting the nature of these states and their fundamental rights and obligations
Jus gentium - ANSWER-law of nations
Hugo Grotius - ANSWER-law of nations also established legal rules that bound the
sovereign states of Europe in their relations with one another
Jeremy Bentham - ANSWER-called law of nations "international law"
John Austin - ANSWER-because there was no international sovereign to enforce it,
international law could not be the same sort of positive law as that enacted by sovereign
states for internal application
Austinian arguments against International Law being Law - ANSWER-no enforcement
mechanism
sovereignty of states
no international legislature
D'Amato - ANSWER-Austinian criitic
arguments for international law
- centuries of practice
- sovereigns agree to bind their sovereignty
even if you don't have enforcement, you have reciprocal entitlements
Reciprocal Entitlements - ANSWER-mutual recognized rights (tit for tat)
Sovereignty Cases - ANSWER-The Investiture Dispute
The Defenestration of Prague, Bohemian Revolt, & Treaty of Westphalia
The Investiture Dispute - ANSWER-the divergence of spiritual and temporal authority
sovereign agreeing to be bound
The Defenestration of Prague, Bohemian Revolt, & Treaty of Westphalia - ANSWER-
thirty years war
set up sovereign nation states as we know them today
reflect the modern treaty: sovereign states agreeing to be bound
Questions and Answers
International Law Definition - ANSWER-Establishment of a set of mutually agreed upon
rules respecting the nature of these states and their fundamental rights and obligations
Jus gentium - ANSWER-law of nations
Hugo Grotius - ANSWER-law of nations also established legal rules that bound the
sovereign states of Europe in their relations with one another
Jeremy Bentham - ANSWER-called law of nations "international law"
John Austin - ANSWER-because there was no international sovereign to enforce it,
international law could not be the same sort of positive law as that enacted by sovereign
states for internal application
Austinian arguments against International Law being Law - ANSWER-no enforcement
mechanism
sovereignty of states
no international legislature
D'Amato - ANSWER-Austinian criitic
arguments for international law
- centuries of practice
- sovereigns agree to bind their sovereignty
even if you don't have enforcement, you have reciprocal entitlements
Reciprocal Entitlements - ANSWER-mutual recognized rights (tit for tat)
Sovereignty Cases - ANSWER-The Investiture Dispute
The Defenestration of Prague, Bohemian Revolt, & Treaty of Westphalia
The Investiture Dispute - ANSWER-the divergence of spiritual and temporal authority
sovereign agreeing to be bound
The Defenestration of Prague, Bohemian Revolt, & Treaty of Westphalia - ANSWER-
thirty years war
set up sovereign nation states as we know them today
reflect the modern treaty: sovereign states agreeing to be bound
