Public International law exam UPDATED ACTUAL
QUESTIONS AND CORRECT Answers
What is public international law? law applicable on international community; tool to regulate the relations in
international community through binding rules of conduct
What is the International community? originally interstate community → international law
today: international recognition of an individual
+ creation and multiplication of international organizations
It's no longer interstate but IL is about the role of states in international
relations and about the influence of state sovereignty in IL
Who are the subjects of international law? States - double role: creators of IL + addressees of IL
What spheres are regulated by IL? Cooperation, settlement of disputes, human rights and other spheres
What is covered under cooperation? (diplomatic relations,peaceful coexistence,communication,trade/commercial
law,State jurisdiction,law of the sea, law of outer space, polar regions (common
heritage of mankind)environmental law, procedural rules - treaty law,
international organizations, international institutional law)
What is covered under settlement of disputes? peaceful settlement of disputes (mediation, judicial methodes, diplomatic
action etc.)
recourse to coercion (sanctions, use of force)
international humanitarian law
international responsibility for the violation of IL
what are the main principles of IL? Sovereign equality
Pacta sunt servanda
Prohibition to use force
Peaceful settlement of disputes
International cooperation
Non-intervention
Self-determination
, what is the principle of soverign equality? confirms the fundamental character of today's public international law -
cooperative body of law - and of the international community - based on the
equality of States before the law
sovereignty + equality
other principles derive from it: non-intervention, respect for territorial integrity
..., permanent sovereignty over natural resources, immunities of State's leaders
and members of government in foreign States etc.
Sovereign equality
- States are subject only to international law
- States have an identic international legal personality = is expressed by the
maximum of competences an entity can possess on the international level: the
same capacity to act, to obtain rights and assume obligations
the same rights and obligations within the conditions posed by international
law
equal participation in the creation of international law
- sovereign equality and United Nations (equal particiation in all activities,
organs)
equality before law x differentiated treatement
What is state sovereignty? in the international order, characteristics of a State meaning that it is not subject
to any other power of the same nature
power of the State to decide itself the limits of its powers without any external
interference
What is Pacta sunt survanda? broader sense: States shall fulfill in good faith their international obligations →
to comply with all public international law
→ obligations assumed by States in accordance with the UN Charter;
international treaties and customs and other relevant sources of IL
→ "in good faith": according to the treaty's letter and spirit (Art. 26, Vienna
Convention on the Law of Treaties)
What is the prohibition to use force? "the corner stone of peace in the Charter", "the basic rule of contemporary
public international law"
threat and use of force
armed force; indirect use of force
territorial integrity, political independence
or in any other manner inconsistent
← Article 2 (4) of the UN Charter
What are the two exceptions to the prohibition to use 2 exceptions: UN Security Council's authorization, right to self-defence
force? attempts to justify 2 exceptions external to the UN Charter:
right of a State to assure a protection of its citizens abroad in a state of
emergency endangering their life abroad
humanitarian intervention (massive and flagrant violations of human rights,
without the consent of the State and the UN Security Council)
What is peaceful settlement of disputes? necessary correlation of the prohibition to use force - force is excluded from
the solution of disputes → disputes must be settled peacefully
different means enumerated in the UN Charter
comprehensive and fully effective system is missing
limited to regional systems, not always fully ratified
QUESTIONS AND CORRECT Answers
What is public international law? law applicable on international community; tool to regulate the relations in
international community through binding rules of conduct
What is the International community? originally interstate community → international law
today: international recognition of an individual
+ creation and multiplication of international organizations
It's no longer interstate but IL is about the role of states in international
relations and about the influence of state sovereignty in IL
Who are the subjects of international law? States - double role: creators of IL + addressees of IL
What spheres are regulated by IL? Cooperation, settlement of disputes, human rights and other spheres
What is covered under cooperation? (diplomatic relations,peaceful coexistence,communication,trade/commercial
law,State jurisdiction,law of the sea, law of outer space, polar regions (common
heritage of mankind)environmental law, procedural rules - treaty law,
international organizations, international institutional law)
What is covered under settlement of disputes? peaceful settlement of disputes (mediation, judicial methodes, diplomatic
action etc.)
recourse to coercion (sanctions, use of force)
international humanitarian law
international responsibility for the violation of IL
what are the main principles of IL? Sovereign equality
Pacta sunt servanda
Prohibition to use force
Peaceful settlement of disputes
International cooperation
Non-intervention
Self-determination
, what is the principle of soverign equality? confirms the fundamental character of today's public international law -
cooperative body of law - and of the international community - based on the
equality of States before the law
sovereignty + equality
other principles derive from it: non-intervention, respect for territorial integrity
..., permanent sovereignty over natural resources, immunities of State's leaders
and members of government in foreign States etc.
Sovereign equality
- States are subject only to international law
- States have an identic international legal personality = is expressed by the
maximum of competences an entity can possess on the international level: the
same capacity to act, to obtain rights and assume obligations
the same rights and obligations within the conditions posed by international
law
equal participation in the creation of international law
- sovereign equality and United Nations (equal particiation in all activities,
organs)
equality before law x differentiated treatement
What is state sovereignty? in the international order, characteristics of a State meaning that it is not subject
to any other power of the same nature
power of the State to decide itself the limits of its powers without any external
interference
What is Pacta sunt survanda? broader sense: States shall fulfill in good faith their international obligations →
to comply with all public international law
→ obligations assumed by States in accordance with the UN Charter;
international treaties and customs and other relevant sources of IL
→ "in good faith": according to the treaty's letter and spirit (Art. 26, Vienna
Convention on the Law of Treaties)
What is the prohibition to use force? "the corner stone of peace in the Charter", "the basic rule of contemporary
public international law"
threat and use of force
armed force; indirect use of force
territorial integrity, political independence
or in any other manner inconsistent
← Article 2 (4) of the UN Charter
What are the two exceptions to the prohibition to use 2 exceptions: UN Security Council's authorization, right to self-defence
force? attempts to justify 2 exceptions external to the UN Charter:
right of a State to assure a protection of its citizens abroad in a state of
emergency endangering their life abroad
humanitarian intervention (massive and flagrant violations of human rights,
without the consent of the State and the UN Security Council)
What is peaceful settlement of disputes? necessary correlation of the prohibition to use force - force is excluded from
the solution of disputes → disputes must be settled peacefully
different means enumerated in the UN Charter
comprehensive and fully effective system is missing
limited to regional systems, not always fully ratified
