International law Test bank ,2026 questions and answers
Answers
What is theory?
What does theory do?
What does theory tells us? - answer-System of ideas meant to explain something
-Generates hypotheses, which are declarative statements positing a relationship among
variables
-Testing hypotheses generated by theory can explain why things happen and suggest
best courses of action
MUNICIPAL
government
people
command
rules
legal code
written - answerINTERNATIONAL
governance
states
consent/consensus
rules & norms
treaties/custom
written & unwritten
Law - answeris a set of rules that govern the relations between members of a society,
that have an obligational basis and whose violation is punishable.
International law - answeris a body of rules governing the relationships of states.
Sources of Law - answerSlide 4
Treaties - answer-Written evidence of formal consent to a set of legal obligations (pacta
sunt servanda)
-Selective application
-Generally requires consent through state signature and ratification or accession.
-Most have min # of states nec. for ratification
Jus Cogens - answerthe principles that form the norms of international law that cannot
be set aside
, ex; Genocide
Customary International Law - answerEvidence of consent based upon practice.
Generally involves two elements:
1) systematic practice over time
2) opinion juris or evidence that states regard the practice as legal obligation.
No necessary number of states or timeline
No authoritative list
Paquette Habana Case (1900) - answerCUSTOMARY INTERNATIONAL LAW
During Spanish-American war, US Navy seized two commercial fishing ships (unarmed)
sailing from Havana. The ships were owned by a Spanish citizen living in Cuba and they
were sailing under Spanish flags. The ships were sold by the Navy in Florida as "prizes
of war." The original (Spanish) owner sued for damages in US district court, the court
upheld the seizure of the boats and the owner appealed.
DECISON: Supreme court reversed the decision and said that under customary
international law peaceful fishing vessels are exempt from capture as prizes of war.
Ruling: Yes (customary international law)
Importance: (precedents set)
1. IL is a part of US municipal law
2. IL is determined by "the works of jurists and laws"
3. Comity may "ripen" into IL
4. Positivism is the legitimate basis of IL
Realism: Core Assumptions - answer-Starts with Thucydides' History of the
Peloponnesian War:
-State is principal actor in international relations
-State is a unitary actor: acts with one voice
-Decision makers are rational actors
-Primacy of security: states must first protect themselves from foreign & domestic
enemies
Evolution of Neorealism - answer-St. Augustine
Humans are flawed, egoistic, and selfish
Humans are power seeking & self-absorbed
-Machiavelli
Leaders need to focus on maintaining the security and stability of the state
-Hobbes
States exist in an anarchic international system in which the threat of war is perpetual
Answers
What is theory?
What does theory do?
What does theory tells us? - answer-System of ideas meant to explain something
-Generates hypotheses, which are declarative statements positing a relationship among
variables
-Testing hypotheses generated by theory can explain why things happen and suggest
best courses of action
MUNICIPAL
government
people
command
rules
legal code
written - answerINTERNATIONAL
governance
states
consent/consensus
rules & norms
treaties/custom
written & unwritten
Law - answeris a set of rules that govern the relations between members of a society,
that have an obligational basis and whose violation is punishable.
International law - answeris a body of rules governing the relationships of states.
Sources of Law - answerSlide 4
Treaties - answer-Written evidence of formal consent to a set of legal obligations (pacta
sunt servanda)
-Selective application
-Generally requires consent through state signature and ratification or accession.
-Most have min # of states nec. for ratification
Jus Cogens - answerthe principles that form the norms of international law that cannot
be set aside
, ex; Genocide
Customary International Law - answerEvidence of consent based upon practice.
Generally involves two elements:
1) systematic practice over time
2) opinion juris or evidence that states regard the practice as legal obligation.
No necessary number of states or timeline
No authoritative list
Paquette Habana Case (1900) - answerCUSTOMARY INTERNATIONAL LAW
During Spanish-American war, US Navy seized two commercial fishing ships (unarmed)
sailing from Havana. The ships were owned by a Spanish citizen living in Cuba and they
were sailing under Spanish flags. The ships were sold by the Navy in Florida as "prizes
of war." The original (Spanish) owner sued for damages in US district court, the court
upheld the seizure of the boats and the owner appealed.
DECISON: Supreme court reversed the decision and said that under customary
international law peaceful fishing vessels are exempt from capture as prizes of war.
Ruling: Yes (customary international law)
Importance: (precedents set)
1. IL is a part of US municipal law
2. IL is determined by "the works of jurists and laws"
3. Comity may "ripen" into IL
4. Positivism is the legitimate basis of IL
Realism: Core Assumptions - answer-Starts with Thucydides' History of the
Peloponnesian War:
-State is principal actor in international relations
-State is a unitary actor: acts with one voice
-Decision makers are rational actors
-Primacy of security: states must first protect themselves from foreign & domestic
enemies
Evolution of Neorealism - answer-St. Augustine
Humans are flawed, egoistic, and selfish
Humans are power seeking & self-absorbed
-Machiavelli
Leaders need to focus on maintaining the security and stability of the state
-Hobbes
States exist in an anarchic international system in which the threat of war is perpetual
