International Law 2023 with 100% correct questions and answers

International Law A binding rule that regulates actions of individuals in a community with methods that enforces rules to those who violate them. Difference between Domestic and International Law Domestic law is made through a legislative body. International law is made through treaties and customs. Four sources of international law Based of off Article 38(1) of ICJ statute. International conventions, international custom, general principles of law recognized by the states, judicial decisions and teachings of the most highly juristic writings. Is there a system of public courts in the international system? No The jurisdiction of international court is.. Voluntary. States must agree for their disputes to transfer. Positivist view of international law. States are bound by international law because they agreed to be bound by it What makes something a formal source of international law? The legal element that gives to the rule its quality as law. ex). treaty, principle Material sources of international law a written document with terms of law states ex). treaty Lotus principle states may act in any way they wish so long as they do not contravene an explicit prohibition. Similar to positivism Are non-state actors and States are equal in matters of international law? No, non-state actors do not get similar treatment. Definition of treaty and convention Binding agreement derived from consent of the state. Two or more parties. What is meant by the principle of pacta servanda as it relates to treaties? Every treaty is binding upon the parties to it and performed in good faith. Can states be bound by a treaty, as a treaty even if they do not consent to it. True. Through custom. Can states get out of peremptory norms ? Yes, they can get out by persistently objecting to it. Conditions in which states can avoid being bound by some provisions of a treaty, despite signing and ratifying the treaty. Bilateral agreements can be avoided through reservations. Multilateral agreements can be opt out of a certain term if agreed upon. Unilateral declarations have force of treaty? It could be binding, depending on the type of declaration. Definition of customary international law Laws that are derived from custom. Have been practiced for a while, despite no existing law. What is opinio juris? An action carried out due to legal obligation. What is State practice. Observing a practice of a state to see if it is carrying out a customary law. What does persistent objectors mean? If a state does not want to follow a customary law, then they must vocally state that in order to being subject to the law. State must clearly and consistently voice opposition to an emerging custom. What are two options in which international legal courts and tribunals could look to if there is no clear answer from existing international law. non-liquet is a judicial finding in which no decision can be given because there is no law on that point. General principles of law could also be looked at to find a reason to apply a particular rule. Civilized nations by Thirlway It means states with developed legal systems. Subsidiary sources Are material sources of law. Domestic law is a subsidiary to international law and can influence international law decisions. A eminent legal writer. What is jus cogens It is a peremptory norm. There is no agreement, but a norm that is adopted by all ). genocide, torture, crimes against humanity, slavery, difference between customary law and jus cogens. Customary law can be objected to, jus cogens cannot. What are obligations erga omnes Towards all subjects of the law jus dispositivum A non peremptory norm which can be departed through agreement. Soft law Law that do not have any legally binding force Lieber Code an instruction signed by President Abraham Lincoln to the Union Forces of the United States during the American Civil War that dictated how soldiers should conduct themselves in wartime. The Geneva Convention 1864 Set guidelines on the treatment of wounded soliders The Geneva Convention 1906 requires all parties to protect and care for the wounded, sick, and shipwrecked. The Geneva Convention 1929 treatment of prisoners of war The Geneva Convention 1949 Protects vulnerable in times of war. Wounded and sick must be cared for by both sides. Protocol I Geneva Convention 1977 relating to the protection of victims of international armed conflicts. It reaffirms the international laws of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern international warfare that have taken place since the Second World War. Protocol II Geneva Convention 1977 It defines certain international laws that strive to provide better protection for victims of internal armed conflicts that take place within the borders of a single country. Protocol III Geneva Convention 2005 relating to the Adoption of an Additional Distinctive Emblem. Under the protocol, the protective sign of the Red Crystal may be displayed by medical and religious personnel at times of war, instead of the traditional Red Cross or Red Crescent symbols. The Hague Convention 1899 human rights and crimes The Hague Convention 1907 human rights and crimes