LAWS101 Final Exam INT. LAW & ADV.
REASON + ARGUMENT QUESTIONS
AND ANSWERS
What is international public law? - Answer-International law is the body of rules,
compromising rights and obligations, which are legally binding on entities with
international legal personality including states, international organizations and
individuals
7 features of international law - Answer-1. Limited participants and emphasis on the
nation state
2. Indeterminate nature of the sources of international law.
3. The consensual nature of international law
4. Judicial decisions compromise only a subsidiary source of international law
5. Absence of a central legislative authority or parliament.
6. Collective responsibility.
7. Relative absence of effective sanctions
Sources of international law - Answer-1. International conventions such as treaties.
(primary)
2. International custom
3. General principles of the law
Anatomy of a treaty - Answer-International treaty
Between States
In written form
Governed by international law.
Consent and Treaties - Answer-States consent to treaties, have to formally ratify them
for the treaty to be binding.
Treaties cannot bind third parties without consent.
States can (generally) withdraw from treaties on giving 6 months or 1 years notice.
Reservation - Answer-The treaty may permit a state to object to a particular part of
provision within that treaty. That part or provision will not bind that state that has entered
an objection
International custom - Answer-State practice (what states do and say)
Opinio Juris (what states believe)
Practice must be widespread
Examples of custom - Answer-Physical acts (or absence)
Adopting treaties
, Policy statements
Press releases
Legal manuals
Adopting national legislation
General Assembly Resolutions
Persistent Objector Rule - Answer-During the formation of a customary rule a state can
'persistently object' to that rule. Provided that the objection is sufficiently persistent, that
state will not be bound.
Examples of customary norm - Answer-Prohibition on aggression
Prohibition on entering a foreign embassy or otherwise interfering with foreign
diplomats.
Right of non-intervention
Examples of General Principles - Answer-Good Faith
Equity - fairness, deal fairly
Subsidiary sources of int. law - Answer-Writings of Eminent Publicists and Judicial
decisions.
Other possible sources of int. law - Answer-Soft law (2012+2020 Rio Declaration), UN
General Assembly Resolutions, Decisions of Int. organizations.
Hierarchy of International Norms - Answer-1. Jus Cogens
2. Treaties, General principles, customs
3. Judicial Decisions, Academic wriitng
4. Soft law
Jus Cogens examples - Answer-Prohibition on aggression
Prohibition on genocide
Prohibition of War Crimes and Crimes against Humanity
Self-determination (limited by uti possidetis/territorial integrity).
Jus Cogen jurisidiction - Answer-They bind all states; no exceptions.
No objections or reservations allowed.
They can only be replaced by another jus cogens norm.
They prevail over competing rules.
How to decide a Jus Cogen - Answer-No clear process to define a Jus Cogens.
Customs and treaties are where they normally come from.
What does a hierarchy tell you about the role of consent in the creation of int. law? -
Answer-Consent is less integral in this hierarchy. In practice terms it is lower as states
are using more informal instruments that do not require consent. The idea that IL is
based on consent is being challenged in 2023.
REASON + ARGUMENT QUESTIONS
AND ANSWERS
What is international public law? - Answer-International law is the body of rules,
compromising rights and obligations, which are legally binding on entities with
international legal personality including states, international organizations and
individuals
7 features of international law - Answer-1. Limited participants and emphasis on the
nation state
2. Indeterminate nature of the sources of international law.
3. The consensual nature of international law
4. Judicial decisions compromise only a subsidiary source of international law
5. Absence of a central legislative authority or parliament.
6. Collective responsibility.
7. Relative absence of effective sanctions
Sources of international law - Answer-1. International conventions such as treaties.
(primary)
2. International custom
3. General principles of the law
Anatomy of a treaty - Answer-International treaty
Between States
In written form
Governed by international law.
Consent and Treaties - Answer-States consent to treaties, have to formally ratify them
for the treaty to be binding.
Treaties cannot bind third parties without consent.
States can (generally) withdraw from treaties on giving 6 months or 1 years notice.
Reservation - Answer-The treaty may permit a state to object to a particular part of
provision within that treaty. That part or provision will not bind that state that has entered
an objection
International custom - Answer-State practice (what states do and say)
Opinio Juris (what states believe)
Practice must be widespread
Examples of custom - Answer-Physical acts (or absence)
Adopting treaties
, Policy statements
Press releases
Legal manuals
Adopting national legislation
General Assembly Resolutions
Persistent Objector Rule - Answer-During the formation of a customary rule a state can
'persistently object' to that rule. Provided that the objection is sufficiently persistent, that
state will not be bound.
Examples of customary norm - Answer-Prohibition on aggression
Prohibition on entering a foreign embassy or otherwise interfering with foreign
diplomats.
Right of non-intervention
Examples of General Principles - Answer-Good Faith
Equity - fairness, deal fairly
Subsidiary sources of int. law - Answer-Writings of Eminent Publicists and Judicial
decisions.
Other possible sources of int. law - Answer-Soft law (2012+2020 Rio Declaration), UN
General Assembly Resolutions, Decisions of Int. organizations.
Hierarchy of International Norms - Answer-1. Jus Cogens
2. Treaties, General principles, customs
3. Judicial Decisions, Academic wriitng
4. Soft law
Jus Cogens examples - Answer-Prohibition on aggression
Prohibition on genocide
Prohibition of War Crimes and Crimes against Humanity
Self-determination (limited by uti possidetis/territorial integrity).
Jus Cogen jurisidiction - Answer-They bind all states; no exceptions.
No objections or reservations allowed.
They can only be replaced by another jus cogens norm.
They prevail over competing rules.
How to decide a Jus Cogen - Answer-No clear process to define a Jus Cogens.
Customs and treaties are where they normally come from.
What does a hierarchy tell you about the role of consent in the creation of int. law? -
Answer-Consent is less integral in this hierarchy. In practice terms it is lower as states
are using more informal instruments that do not require consent. The idea that IL is
based on consent is being challenged in 2023.
