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Revision Examination Tests
“Come all for this greatness”
...100% Correct Ans...
LCP4801 - INTERNATIONAL LAW ASSIGNMENT 2 SEMESTER 1 2025
ANSWERS/SOLUTIONS 2024 /2025 - DISTINCTION GUARANTEED
100%
Law
ans:> A series of rules regulating behavior (permissive or coercive)
International Law
ans:> Deals with interaction between entities involved in international
relations (States, IOs, NGOs, groups, individuals).
Domestic Public Law
ans:> Law governing relationships between individuals and the
government.
International Private Law
ans:> Set or rules that regulate relationships between physical and
judicial persons of different nationalities.
Idealism of Creation of Bodies of Law
ans:> To govern new State behavior which has increased increased
interaction between states.
League of Nations
ans:> A world organization established in 1920 to promote international
cooperation and peace. It was first proposed in 1918 by President
Woodrow Wilson, although the United States never joined the League.
Essentially powerless, it was officially dissolved in 1946.
The United Nations
ans:> An international organization formed after WWII to promote
international peace, security, and cooperation.
,Participants of UN
ans:> There are 195 states that are in the UN. The 5 permanent
members are US, Russia, China, France, and Great Britain.
UN Charter
ans:> The founding document of the UN that sets out four main
purposes:
Maintaining worldwide peace and security.
Developing relations among nations.
Fostering cooperation between nations in order to solve economic,
social, cultural, or humanitarian international problems.
Providing a forum for bringing countries together to meet the UN's
purposes and goals.
Interpretation of UN Charter
ans:> The Security Council makes laws based on their interpretations of
the Charter.
Natural Law
ans:> Unchangeable, universal and based on truth. Sets a common
normative basis to regulate state behavior.
Positivism
ans:> Varies from different situations and ephemeral as human
circumstance are. A system of law based on concrete state consent (e.g
International Conventions, Customary Laws).
Liberal Worldview of International Order
ans:> The individual state is an autonomous moral agent prompted by
self-interest. Thus, International Law serves to allow states pursue their
national interest without interfering with other states and serves as rules
about rules.
Communitarian Worldview of International Order
ans:> Interest of the global community and future interests may
transcend national liberal interests. Thus, International Law serves to
promote common values for the good of all, allowing positive-sum
interactions and deal with collective action problems (global warming,
terrorism, etc.).
State Actions in Int'l Law
,ans:> Affecting the development of IL through: conduct in treaty-
preparation, protest/abstain, and diplomatic statements. States can act
in accordance with a recognized law, act as an objector to a law, or
break the law.
Article 38 of the Statute of the ICJ
ans:> The Court will apply (1) international conventions, establishing
rules recognized by contesting states;(2) international custom, as
evidence of a general practice legally accepted;(3)the general principles
of law recognized by civilized nations, and so on.
Jus Cogens
ans:> Article 53 of Vienna Convention on the Law of Treaties: norms
accepted and recognized by the international community as a universal
and unalterable rule. It is determined by universal acceptance of the rule
and vastly major recognition as jus cogens.
Superiority Effect of Jus Cogens
ans:> An agreement that violates a jus cogens is void. Acceptance of
natural laws (superior and universal values).
Erga Omnes Obligations
ans:> Obligations binding all States without exception. Obligation 1:
state to the international community as a whole. Obligation 2: vis-a-vis
another State
Relationship between Jus Cogens and Erga Omnes
ans:> Jus Cogens would have Erga Omnes effect (The Barcelona
Traction case). But the reverse isn't true. Erga omnes doesn't always
have peremptory effects of Jus Cogens.
General Principles of Law
ans:> Common to all systems of law (fundamental unity of law). It is both
procedural and substantive in nature. It prevents non liquet (not clear)
and resolves every international situation as a legal matter. (e.g
Netherlands v. Belgium, Diversion of Water from the Meuse, ICJ, 1937).
5 Categories of General Principles
ans:> 1. Principles of law derived from the specific nature of the int'l
community.
2. Principles intrinsic to the idea of law and basic to all legal systems.
3. Principles of justice founded on the nature of man as a rational and
social being.
, 4. Principles of municipal law recognized by civilized nations
5. Principles valid through all kinds of societies in relationships of
hierarchy and coordination.
Soft Law
ans:> Designed to be non-binding. Types of Soft Law: Judicial Decisions
(No Stare Decisis), UN GA resolutions /declarations, Unilateral
declarations by heads of state, ILC Draft articles.
Judicial Decisions: No Stare Decisis
ans:> ICJ decisions, no binding force except as between the parties
involved. But ICJ decisions are highly influential (no stare decisis applies
precedent cases) and may produce biding doctrines (Genocide,
Nottebohm: Nationality).
UN GA Resolutions and Declarations
ans:> Non-binding; articulating law rather than making it. It can become
binding through codification, generation by treaty or if they are
interpretations of the Charter.
Unilateral Declarations by heads of state
ans:> Not all are binding, but some through public universal declarations
can be intended to make binding commitments (Nuclear Test Cases
(Australia and New Zealand v. France, ICJ, 1974)
International Law Commission Draft Articles
ans:> ILC: a permanent subsidiary organ of the UNGA. It concerns with
the codification and development of international law, but holds no
legislative power to enact binding rules. Most of its provisions are
accepted as customary international law.
Customary Law
ans:> Evidence of general practice accepted as law. A response to the
lack of a unified legislature and a dynamic source of law. It reflects a
positivist view.
Objective Element of CL
ans:> General practice (state practice). Empirical facts on what state
actually did. 3 Types: affirmative actions, affirmative assertions, silence
or non/objection.
Subjective Element of CL
Revision Examination Tests
“Come all for this greatness”
...100% Correct Ans...
LCP4801 - INTERNATIONAL LAW ASSIGNMENT 2 SEMESTER 1 2025
ANSWERS/SOLUTIONS 2024 /2025 - DISTINCTION GUARANTEED
100%
Law
ans:> A series of rules regulating behavior (permissive or coercive)
International Law
ans:> Deals with interaction between entities involved in international
relations (States, IOs, NGOs, groups, individuals).
Domestic Public Law
ans:> Law governing relationships between individuals and the
government.
International Private Law
ans:> Set or rules that regulate relationships between physical and
judicial persons of different nationalities.
Idealism of Creation of Bodies of Law
ans:> To govern new State behavior which has increased increased
interaction between states.
League of Nations
ans:> A world organization established in 1920 to promote international
cooperation and peace. It was first proposed in 1918 by President
Woodrow Wilson, although the United States never joined the League.
Essentially powerless, it was officially dissolved in 1946.
The United Nations
ans:> An international organization formed after WWII to promote
international peace, security, and cooperation.
,Participants of UN
ans:> There are 195 states that are in the UN. The 5 permanent
members are US, Russia, China, France, and Great Britain.
UN Charter
ans:> The founding document of the UN that sets out four main
purposes:
Maintaining worldwide peace and security.
Developing relations among nations.
Fostering cooperation between nations in order to solve economic,
social, cultural, or humanitarian international problems.
Providing a forum for bringing countries together to meet the UN's
purposes and goals.
Interpretation of UN Charter
ans:> The Security Council makes laws based on their interpretations of
the Charter.
Natural Law
ans:> Unchangeable, universal and based on truth. Sets a common
normative basis to regulate state behavior.
Positivism
ans:> Varies from different situations and ephemeral as human
circumstance are. A system of law based on concrete state consent (e.g
International Conventions, Customary Laws).
Liberal Worldview of International Order
ans:> The individual state is an autonomous moral agent prompted by
self-interest. Thus, International Law serves to allow states pursue their
national interest without interfering with other states and serves as rules
about rules.
Communitarian Worldview of International Order
ans:> Interest of the global community and future interests may
transcend national liberal interests. Thus, International Law serves to
promote common values for the good of all, allowing positive-sum
interactions and deal with collective action problems (global warming,
terrorism, etc.).
State Actions in Int'l Law
,ans:> Affecting the development of IL through: conduct in treaty-
preparation, protest/abstain, and diplomatic statements. States can act
in accordance with a recognized law, act as an objector to a law, or
break the law.
Article 38 of the Statute of the ICJ
ans:> The Court will apply (1) international conventions, establishing
rules recognized by contesting states;(2) international custom, as
evidence of a general practice legally accepted;(3)the general principles
of law recognized by civilized nations, and so on.
Jus Cogens
ans:> Article 53 of Vienna Convention on the Law of Treaties: norms
accepted and recognized by the international community as a universal
and unalterable rule. It is determined by universal acceptance of the rule
and vastly major recognition as jus cogens.
Superiority Effect of Jus Cogens
ans:> An agreement that violates a jus cogens is void. Acceptance of
natural laws (superior and universal values).
Erga Omnes Obligations
ans:> Obligations binding all States without exception. Obligation 1:
state to the international community as a whole. Obligation 2: vis-a-vis
another State
Relationship between Jus Cogens and Erga Omnes
ans:> Jus Cogens would have Erga Omnes effect (The Barcelona
Traction case). But the reverse isn't true. Erga omnes doesn't always
have peremptory effects of Jus Cogens.
General Principles of Law
ans:> Common to all systems of law (fundamental unity of law). It is both
procedural and substantive in nature. It prevents non liquet (not clear)
and resolves every international situation as a legal matter. (e.g
Netherlands v. Belgium, Diversion of Water from the Meuse, ICJ, 1937).
5 Categories of General Principles
ans:> 1. Principles of law derived from the specific nature of the int'l
community.
2. Principles intrinsic to the idea of law and basic to all legal systems.
3. Principles of justice founded on the nature of man as a rational and
social being.
, 4. Principles of municipal law recognized by civilized nations
5. Principles valid through all kinds of societies in relationships of
hierarchy and coordination.
Soft Law
ans:> Designed to be non-binding. Types of Soft Law: Judicial Decisions
(No Stare Decisis), UN GA resolutions /declarations, Unilateral
declarations by heads of state, ILC Draft articles.
Judicial Decisions: No Stare Decisis
ans:> ICJ decisions, no binding force except as between the parties
involved. But ICJ decisions are highly influential (no stare decisis applies
precedent cases) and may produce biding doctrines (Genocide,
Nottebohm: Nationality).
UN GA Resolutions and Declarations
ans:> Non-binding; articulating law rather than making it. It can become
binding through codification, generation by treaty or if they are
interpretations of the Charter.
Unilateral Declarations by heads of state
ans:> Not all are binding, but some through public universal declarations
can be intended to make binding commitments (Nuclear Test Cases
(Australia and New Zealand v. France, ICJ, 1974)
International Law Commission Draft Articles
ans:> ILC: a permanent subsidiary organ of the UNGA. It concerns with
the codification and development of international law, but holds no
legislative power to enact binding rules. Most of its provisions are
accepted as customary international law.
Customary Law
ans:> Evidence of general practice accepted as law. A response to the
lack of a unified legislature and a dynamic source of law. It reflects a
positivist view.
Objective Element of CL
ans:> General practice (state practice). Empirical facts on what state
actually did. 3 Types: affirmative actions, affirmative assertions, silence
or non/objection.
Subjective Element of CL
