/
Public International Law Essentials
Save to my account
Sign up
Public International Law Essentials
Public International Law Essentials
Study
1
Question
What is Public International Law?
Answer
Public International Law governs the relationships between sovereign states, international organizations, individuals, and multinational corporations. It addresses issues such as peace, security, human rights, trade, environmental protection, and international justice.
2
Question
What are the primary sources of Public International Law?
Answer
1. Treaties and Conventions e.g., United Nations Charter, Paris Agreement 2. Customary International Law e.g., prohibition of slavery 3. General Principles of Law e.g., self-defense 4. Judicial Decisions 5. Scholarly Writings
3
Question
What role do treaties play in Public International Law?
Answer
Treaties are binding agreements between states or organizations that regulate interactions on issues such as trade, human rights, and the environment. Examples include the Paris Agreement and United Nations Charter.
4
Question
What are the key institutions in Public International Law?
Answer
1. United Nations promotes peace, security, and human rights 2. International Court of Justice settles disputes between states 3. International Criminal Court prosecutes international crimes 4. World Trade Organization regulates trade 5. Regional Organizations e.g., European Union, African Union
5
Question
What is the principle of Sovereign Equality of States?
Answer
The principle holds that all states, regardless of size, power, or wealth, have equal rights and obligations under international law.
6
Question
What does the principle of Non-Intervention mean?
Answer
States should not interfere in the internal affairs of other states, respecting their sovereignty and independence.
7
Question
What is Customary International Law?
Answer
Customary international law comprises practices that states accept as legally binding, such as the prohibition of torture and the concept of diplomatic immunity.
8
Question
What is the role of Human Rights in Public International Law?
Answer
Human rights law protects individual freedoms and ensures dignity, as codified in documents like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
9
Question
What is International Humanitarian Law?
Answer
International Humanitarian Law governs the conduct of armed conflicts and protects non-combatants. Its key sources include the Geneva Conventions and Hague Conventions.
10
Question
What are the types of jurisdictions in International Law?
Answer
1. Territorial Jurisdiction within a state's borders 2. Extraterritorial Jurisdiction the state extends legal powers beyond territorial boundaries 3. Nationality Jurisdiction over a state's citizens abroad 4. Protective Jurisdiction to protect state security 5. Universal Jurisdiction for heinous crimes like genocide 6. Passive Personality Jurisdiction over crimes affecting a state's nationals.
11
Question
What is State Immunity?
Answer
State immunity protects states from being sued in foreign courts, except for Commercial activities, Tortious acts causing harm, Human rights violations e.g., torture or genocide.
12
Question
What is State Responsibility in International Law?
Answer
States are accountable for violations of international law and must repair damages. For example, in the Gabčíkovo-Nagymaros Case, a state was held liable for breaching a treaty.
13
Question
What are some challenges in Public International Law?
Answer
Lack of centralized enforcement mechanisms, Balancing state sovereignty with international obligations, Addressing global issues like terrorism and climate change.
14
Question
What are some emerging areas in Public International Law?
Answer
Emerging areas include cybersecurity law, space law, and regulations on artificial intelligence.
15
Question
What is Peaceful Coexistence?
Answer
Peaceful coexistence emphasizes respect for sovereignty, non-aggression, and cooperation among states, promoting mutual understanding through diplomacy and trade.
16
Question
Who are the primary subjects of International Law?
Answer
The primary subjects of International Law are states, recognized as equal and sovereign entities. Other subjects include international organizations, individuals, and non-state actors like liberation movements.
17
Question
What are the criteria for statehood according to the Montevideo Convention?
Answer
1. Permanent population no minimum required, nomadic populations included 2. Defined territory boundaries may not need full resolution 3. Government with effective control 4. Capacity to enter into relations with other states.
18
Question
What does sovereignty entail in International Law?
Answer
Sovereignty grants states full legal capacity to create and enforce laws, engage in international relations, and claim immunities. Sovereignty includes prescriptive, adjudicative, and enforcement powers.
19
Question
What are the fundamental principles of International Law?
Answer
1. Sovereign equality of states 2. Non-intervention 3. Good faith pacta sunt servanda agreements must be kept 4. Peaceful resolution of disputes 5. Prohibition on use of force except for self-defense or Security Council authorization.
20
Question
What are the primary sources of Public International Law according to Article 38 of the ICJ Statute?
Answer
1. International conventions and treaties 2. International custom general practice accepted as law 3. General principles of law recognized by civilized nations 4. Judicial decisions and scholarly writings as subsidiary means.
21
Question
What are the two elements required for Customary International Law?
Answer
1. Usus Material Element: Consistent state practice. 2. Opinio Juris Psychological Element: Belief that such practice is legally obligatory.
22
Question
What are Jus Cogens norms in International Law?
Answer
Jus Cogens norms are fundamental principles accepted by the international community as non-derogable, such as prohibitions against genocide, slavery, and torture.
23
Question
What is 'soft law' in International Law?
Answer
Soft law includes non-binding standards, declarations, and guidelines that influence the development of binding legal norms and contribute to customary international law.
24
Question
How do monist and dualist systems differ in their relationship with International Law?
Answer
Monism: International law is automatically part of domestic law. Dualism: International law must be translated into domestic law through legislation.
25
Question
What are the consequences of breaching International Law?
Answer
States must provide restitution, compensation, or satisfaction. Countermeasures may be taken if justified under international law. Breaches can lead to state or individual accountability.
26
Question
What mechanisms exist for peaceful dispute resolution in International Law?
Answer
1. Negotiation 2. Mediation 3. Arbitration 4. Judicial Settlement e.g., ICJ rulings.
27
Question
How do international organizations gain legal personality?
Answer
By treaty provisions, implied powers, or fulfilling criteria for autonomy e.g., the ability to enter agreements, sue, and be sued.
28
Question
What happens if a treaty conflicts with a Jus Cogens norm?
Answer
The treaty is void from the outset, and states must undo any consequences of acts performed under the invalid treaty.
29
Question
What are obligations erga omnes?
Answer
Obligations owed to the international community as a whole, such as protecting human rights and preventing genocide.
30
Question
What role do international treaties play in Public International Law?
Answer
Treaties are binding agreements between states or organizations that regulate interactions on issues such as trade, human rights, and the environment. Examples include the Paris Agreement and United Nations Charter.