Jus cogens - Samenvattingen, Aantekeningen en Examens

Universal Jurisdiction - ANSWER-refers to the idea that a national court may prosecute individuals for any serious crime against international law — such as crimes against humanity, war crimes, genocide, and torture — based on the principle that such crimes harm the international community or international order itself, which individual States may act to protect. Example: Spanish law & courts used universal jurisdiction to charge Chilean dictator, Pinochet, with genocide (re: political opin...

A+ Questions And Answers 2023 1 Jus cogens norms constitute a special class of general rules made by custom. They have been endowed with a special legal force, i.e. they are peremptory norms so that they may not be derogated from by treaty or by ordinary customary rules. They have a rank and status superior to those of all the other rules of the international community. A treaty contrary to a jus cogens norm is null and void ab initio.Jus cogens norms can also have effect on making re...

A summary with all the required readings and required case law for the course international responsibility.

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...

Pacta Sunt Servanda - ANSWER-Latin for "agreements must be kept," term for the legal principle that states are bound to the treaties they sign, that they respect the obligations of those treaties, and that they act on those obligations in good faith. Jus Cogens - ANSWER-Term denoting international laws so fundamental that they prohibit acts by states even if such conduct is expressly sanctioned by state consent. Once something is declared this, it cannot be deregulated from. United Natio...

Multilateral Treaty - ANSWER-An instrument concluded by a number of countries acting in their joint interest, which is intended to create a new rule. It is this kind of treaty through which conventional international law is created. Article 38 of the Statute of the ICJ - ANSWER-States the following as sources of law: 1) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; 2) international custom, as evidence of a gener...

Summary - book "International Business Law", tutorial work Summary International Business Law Chapter 1 International law = the body of legal rules and norms that regulates activities carried on beyond the legal boundaries of a single state Public international law = the division of international law that deals primarily with the rights and duties of states and intergovernmental organizations as between themselves Private international law = the part of international law that deals ...

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...

Filartiga v. Pena - -Officials who violate the rights of their own citizens can be brought to justice in US courts under Alien Tort Act -Jus Cogens - -A Preemptory norm of international law from which there can be no derogation. -Sources of International Law/Article 38 of the ICJ Statute - -Treaties Customs General principles of law recognized by civilized nations Judicial decisions and the teachings of the most highly qualified publicists of the various nations [but not binding] Ex ae...

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...