Internationaal Recht (Week 1)
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Internationaal Recht (Week 1) - Marcador
Internationaal Recht (Week 1) - Detalles
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Preguntas:
36 preguntas
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| What is the definition of public IL? | The system of law that regulates the interrelationship of sovereign states and their rights and duties with regard to one another. |
| Name the sub-disciplines of IL | The sub-disciplines: 1. International human rights law; 2. International law of the sea; and 3. International environmental law |
| Where was IL invented? | In Europe (middle ages). |
| What was an important event in the history of IL (turning point)? | The peace of Westphalia (1648), which ended the Thirty Years War. |
| What happend at the peace of Westphalia (1648)? | In this peace treaty the European powers tried to establish a semblance of order and structure in an otherwise anarchical Europe. They tried doing this by reducing the powers of transnational forces and dividing European territory and individuals in sovereign states. |
| What is the consensual theory? | This theory stats that a state has to consent to being bound by a rule. |
| When and with what did states try to prohibit war? | With the Kellog-Briand Pact (1928). |
| Name the achievements from after WWII. | Summarized: 1. The League of Nations --> UN (Maintaining peace and security) 2. UN Charter forbids use of force and created UNSC which could take forceful measures 3. UN Charter established General Assembly 4. UN serves as umbrella structure --> WTO, World Bank, etc. 5. NATO 6. Council of Europe (ECHR, ECtHR, etc.) 7. European Union 8. Brexit |
| What do sources of law do? | Determine the rules of legal society. They contain the legal answers to the questions that cannot be answerd in national law. |
| Which problems make it harder to identify sources of IL? | Summarized: 1. The lack of universal legislature; 2. The lack of a system of cours with compulsory jurisdiction; 3. Legal obligations may derive from more than one particular source. |
| What are the sources of IL (art. 38 ICJ Statute)? | Summarized: 1. Treaties 2. Customary IL 3. General principles of IL ________________________ 4. Judicial decisions 5. Academic/scholarly contributions |
| Name the two kinds of law distinguished in the ICJ Statue (and define them). | Summarized: 1. Primary law: this type of law is constituted by conventions (treaties), customary law and general principles (creating) 2. Secondary law: this type of law refers to judicial decisions and scholarly contributions (identifying) |
| Define treaties/conventions. | Summarized: 1. States have to consent 2. Pacta sunt servanda (you are bound to honour your obligations) 3. We distinguish: - Bilateral treaties - Multilateral treaties |
| Define custom. | The requirements: 1. The objective element (state practice): - Consistency (reasonably uniform) - Duration - Generality (practice should include majority of states) 2. The subjective requirement (opinion iuris) |
| Is customary law binding? And what about persistent objectors? | Customary law is almost always binding. Unless a state is a persistent objector. Exception for this kind of consent: ius cogens/peremptory norms. |
| Name two situations where customary law and treaties will co-exist. | Situations: 1. A situation where the content of a treaty-based and a custom-based obligation is identical (they reinforce each other) 2. A situation where the content of the two obligations is not exactly identical - Lex Posterior - Lex Specialis |
| What are legal principles? | Principles from national legal systems that are so generally recognized that their existence under IL must be assumed. |
| Which sources will be used to clarify IL? | The judicial decisions and academic/scholarly contributions. |
| The sources of IL exist without a strict hierarchy (horizontally). Name the three exceptions of normative equality. | The exceptions: 1. According to article 53 VCLT a treaty is void if it conflicts with ius cogens; 2. Erga omnes obligations (communitarian norms, owed to the IL community as a whole); 3. Obligations under the UN Charter (article 103 UN Charter, council resolutions > other legal commitments). |
| Define soft law. | Soft law examples: 1. Resolutions of international organizations (UNGA); 2. Interpretative declarations and reports. When conducting soft law wrongfully, the political price you pay can be very high. |
| What are the principal features of international legal personality? | The features: 1. The capacity to bring claims in respect of breaches of IL; 2. The capacity to conclude treaties; 3. The enjoyment privileges and immunities from the exercise of national jurisdiction. |
| What are the subjects of IL? | The subjects: 1. States; 2. International organizations; 3. Individuals; 4. Other actors; 5. Non-governmental organizations. |
| Name the two competing approaches in regards to statehood. | The approaches: 1. Declaratory view of recognition of states; 2. Constitutive view of recognition of states. |
| Define the declaratory view. | The creation of states is first and foremost a matter of law and the fulfilment of legal criteria. Supports the Montevideo Convention requirements. |
| Define the constitutive view. | Recognition by other states is a precondition for statehood. But how many states must recognize a state for it to be a state? |
| Name the criteria of the Montevideo Convention (1933). | The criteria: 1. A permanent population; 2. A defined territory; 3. A government (no democratic aspect); 4. The capacity to enter in relations with other states. |
| What does the right of self-determination mean? | It means that the people have a right to freely determine their political status and pursue their economic, social and cultural development. The right to secede is often used when a population uses the right to self-determine. |
| Name the two categories of self-determination. | The categories: 1. Internal self-determination: population self-determine (autonomy) 2. External self-determination: only in extreme cases (colony creates their own independent state) |
| Name the ways a state can acquire new territory. | The different ways: 1. Cession (Europe --> Africa) 2. Accretion ((natural forces/man made forces, create new territories) 3. Occupation (terra nullius, European explorers) 4. Prescription (must be peaceful, state gains territory of leaving sovereign state) |
| Define cession. | Cession (Europe --> Africa) - State can't acquire more right to the territory than those possessed by the ceding state - The acquiring state must respect the potential rights of third states |
| Define the three ways of accretion. | The three ways: 1. Artificial accretion (man-made, don't infringe the rights of other states) 2. Avulsion (new land is acquired by sudden violent chargers, storms, etc.) 3. Erosion (gradual disappearance of territory caused by natural forces) |
| Which organ has been considered as the most important IO? | The UN, because it has a lot of member states. |
| Name the six organs of the UN. | The organs: 1. The GA 2. The SC (15 seats, 5 are permanent members --> Veto) 3. The Secretariat (administration) 4. The Economic and Social Council 5. Trusteeship Council 6. The International Court of Justice |