International Law Exam 2UPDATED ACTUAL Questions and
CORRECT Answers
human right conviction that every person entitled to certain basic protections as a human
universalism/natural law rights inherent and inalienable; law as recognizing rights
voluntarism rights created by law, not nature
communitrianism rights reflect shared social and cultural values, evolve over time
universalism human rights universal
relativism human rights relative to local tradition/context
physical integrity rights protection of bodily security
non-derogable rights states must uphold in all circumstances
political rights enable participation
civil rights preserve individual autonomy
economic rights allow individuals to earn livelihoods, gain economic self-sufficiency
social rights foster survival and development
cultural rights permit expression of collective identity
international human rights law body of international treaties and customary laws that obligate governments to
respect, protect, and fulfill the fundamental freedoms of all humans
Universal Declaration of Human Rights (UDHR) customary international law; established 1948
International Covenant on Civil and Political Rights creates legal obligations for states, building on UDHR
(ICCPR)
Human Rights Commission independent body monitoring human rights; states to submit reports
International Covenant on Economic, Social, and builds on UDHR positive rights; requires states to actively promote rights
Cultural Rights (ICESCR)
CERD prohibits discrimination based on racial categories or characteristics
CEDAW prohibits discrimination against women
, CAT prohibits torture and cruel or unusual punishment
non-refoulement persons may not be transferred to states where torture is likely
CRC recognized children as independent rights-holders
CMW protects rights of documented and undocumented workers
CRPD promotes equality and dignity for persons with disabilities
CPED bans forced disappearance as a crime against humanity
The European System based on ECHR; enforced by Court of Human Rights; robust "individual
petition" system
The Inter-American System based on Declaration of Rights and Duties of Man and Convention on Human
Rights; enforced by commission and court; known for aggressive remedies
The African System based on Charter on Human and Peoples' Rights; enforced by court; only
system balancing individual with group rights
new/emerging systems Arab Charter and ASEAN Human Rights Declaration
jus ad bellum law governing when states may use force
jus in bello law governing how states may use force
Just War Doctrine just cause, legitimate authority, right intention, necessity, proportionality
Permanent Court of Arbitration established by 1899 Hague Conference
1907 Hague Peace Conference mandated explicit declaration of war
collective security an attack on one is an attack on all
Kellogg-Briand Pact 1928 renounced war as instrument of national policy; lacked enforcement
mechanism
UN Charter foundational treaty and constitution of UN
Article 2(4) members to refrain from threat or use of force
Article 39 gives SC power to identify a threat
Article 41 authorizes SC to use economic and diplomatic sanctions
Article 42 permits SC to use military action if non-forceful methods fail
Article 25 UNSC resolutions as binding
2003 Iraq invasion ambiguity of resolution led to conflicting opinions on legality of invasion
CORRECT Answers
human right conviction that every person entitled to certain basic protections as a human
universalism/natural law rights inherent and inalienable; law as recognizing rights
voluntarism rights created by law, not nature
communitrianism rights reflect shared social and cultural values, evolve over time
universalism human rights universal
relativism human rights relative to local tradition/context
physical integrity rights protection of bodily security
non-derogable rights states must uphold in all circumstances
political rights enable participation
civil rights preserve individual autonomy
economic rights allow individuals to earn livelihoods, gain economic self-sufficiency
social rights foster survival and development
cultural rights permit expression of collective identity
international human rights law body of international treaties and customary laws that obligate governments to
respect, protect, and fulfill the fundamental freedoms of all humans
Universal Declaration of Human Rights (UDHR) customary international law; established 1948
International Covenant on Civil and Political Rights creates legal obligations for states, building on UDHR
(ICCPR)
Human Rights Commission independent body monitoring human rights; states to submit reports
International Covenant on Economic, Social, and builds on UDHR positive rights; requires states to actively promote rights
Cultural Rights (ICESCR)
CERD prohibits discrimination based on racial categories or characteristics
CEDAW prohibits discrimination against women
, CAT prohibits torture and cruel or unusual punishment
non-refoulement persons may not be transferred to states where torture is likely
CRC recognized children as independent rights-holders
CMW protects rights of documented and undocumented workers
CRPD promotes equality and dignity for persons with disabilities
CPED bans forced disappearance as a crime against humanity
The European System based on ECHR; enforced by Court of Human Rights; robust "individual
petition" system
The Inter-American System based on Declaration of Rights and Duties of Man and Convention on Human
Rights; enforced by commission and court; known for aggressive remedies
The African System based on Charter on Human and Peoples' Rights; enforced by court; only
system balancing individual with group rights
new/emerging systems Arab Charter and ASEAN Human Rights Declaration
jus ad bellum law governing when states may use force
jus in bello law governing how states may use force
Just War Doctrine just cause, legitimate authority, right intention, necessity, proportionality
Permanent Court of Arbitration established by 1899 Hague Conference
1907 Hague Peace Conference mandated explicit declaration of war
collective security an attack on one is an attack on all
Kellogg-Briand Pact 1928 renounced war as instrument of national policy; lacked enforcement
mechanism
UN Charter foundational treaty and constitution of UN
Article 2(4) members to refrain from threat or use of force
Article 39 gives SC power to identify a threat
Article 41 authorizes SC to use economic and diplomatic sanctions
Article 42 permits SC to use military action if non-forceful methods fail
Article 25 UNSC resolutions as binding
2003 Iraq invasion ambiguity of resolution led to conflicting opinions on legality of invasion
