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Description
Flashcards by Elizabeth Cheetham, updated more than 1 year ago
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Created by Elizabeth Cheetham
over 5 years ago
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| Question | Answer |
| International law has no supreme authority, unified sanctions or international legislature, making it what kind of system? |
Horizontal system
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| L. Henkin on compliance is the norm |
'Almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time'
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| There are 6 reasons that states follow international rules | 1. They have no incentives to break it 2. Bureaucratic inertia [one they follow one it becomes easier to continue that] 3. It legitimized the state 4. It appeals to public support in disputes 5. States have to consider reciprocity 6. Where state A infringes other states are less inclined to continue to interact |
| Who is within the scope of international Law? | States, Individuals and International Organisations |
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What are the four main sources of International Law
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1. International Conventions 2. International Customs 3. General Principles of law 4. Judicial Decisions |
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In what piece of legislation can you find the sources of law?
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Article 38 the statute of the international court of justice |
| What treaty governs treaties? |
The Vienna Law of Treaties (VCLT)
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| Where does it outline the two criteria needed for an international custom? | Article 38(1)(b) Statute of the International Court of Justice |
| What are the two evidence criteria needed for international custom to become accepted in law? | State practice Opinio Juris |
| State practice is the _____ element | Objective Element (What states do and say) |
| In what case did the ICJ decide that in state practice there had to be a degree of uniformity in state practices [it was essetnial] | Asylum Case (ICJ 1950) |
| What case did the ICJ say that extensive and virtually uniformity were essentail to established state practice | North Sea Continental Shelf Case |
| The ICJ decided in what case that at absolute conformity was not necessary fbut would be a strong indication of the rule establishing state practicec | Nicaragua Case |
| Opinio Juris is the ______ element | Psycological element (why do they act in this way) |
| What is the Opinio Juris | When a state acts in a way because they belive there is a legal obligation/right |
| What case did the ICJ decide thatStates must feel that they are conforming to what amounts to a legal obligation to amount to an opinio juris | North Sea Continental Shelf Case |
| What two sources of International ALw are strongly linked | Customary law and Treaties |
| Where can one find rules for outlntlining General Practice | Article 38(1)(C) Statute of International Law |
| What is a general Practice | General Pricniples recognised by civilised countries |
| Where can one find the rules on Judicial decisions in International Law? | Article 38(1)(d) Statute of International Law |
| What statute bind judicial decisions as having no doctrine of binding precendent | Article 59 Statute of International Law |
| What is a UN resolution, non-binding codes of conduct, infomral agreementes categorised as? | Soft Law |
| International Law is a mix of what two forms of law | Soft law and Hard law |
| What law comes into play when there is a conflict between treaties and customary rules | UN Charter resolution 103 |
| What legal pricniple comes intoplay under UN charter resolution 103 | Jus Cogens |
| What is Jus Cogens | PrPrinciples that form norms in international law cannot be set aside |
| Where does it say that there can be no derogation forom a norm that is accepted and recognise by international community | Vienna convention on treaties Article 53 & Article 64 |
| What is the hierarchy of international lsources of law? | There is no definitive hierarchy |
| W | To create resolutions (None binding) |
| What is the work of the ICJ | to hear cases (non enforcement power) |
| What is the work of the UN Security Council | Executive function that can be vetoed by some states |
| What doctrine rules over international Law | Pacta Sunt Servanda (Agreements are binding) |
| What do all states have to give when entering international agreements | Consent |
| What rules states that obligation to international law comes from not following would not be helpful in the long run | Rule of Recuprocity |
| What rules states that obligations only come where they have agreed to the obligation first | Self-limitations |
| What Doctrine states that where a majority of states create norms then they are accepted by all states | Doctrine of Consensus |
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