LCP4804 Assignment 1 Study Guide - 100
Q&A
Part 1: Foundations and Sources of International Law
1. Q: What is the primary distinction between monism and dualism in international law?
• A: Monism views international and national law as a single legal system, where
international law can be directly applied domestically. Dualism sees them as separate
systems, requiring international law to be explicitly incorporated or transformed into
national law to have domestic effect.
• Rationale: This fundamental concept determines how international obligations are
enforced within a country's legal framework.
2. Q: According to Article 38(1) of the ICJ Statute, what are the primary sources of
international law?
• A: The primary sources are: a) international conventions (treaties), b) international
custom, c) general principles of law recognized by civilized nations, and d) judicial
decisions and teachings of highly qualified publicists as subsidiary means.
• Rationale: Article 38 is the authoritative starting point for identifying the sources of
international legal obligations.
, 3. Q: For a practice to become customary international law, what two key elements must be
present?
• A: 1) State Practice (Objective Element): A widespread and consistent practice of
states. 2) Opinio Juris (Subjective Element): The belief that this practice is legally
obligatory (opinio juris sive necessitatis).
• Rationale: Both elements are essential to distinguish legal custom from mere habit or
courtesy.
4. Q: What is the principle of Jus Cogens? Provide an example.
• A: Jus Cogens (peremptory norm) is a fundamental principle of international law
accepted by the international community as a whole, from which no derogation is
permitted. Examples include the prohibitions against genocide, slavery, torture, and
aggression.
• Rationale: These norms sit at the apex of the international legal order and void any
conflicting treaties.
5. Q: How does a "reservation" to a treaty function?
• A: A reservation is a unilateral statement made by a state when signing, ratifying, or
acceding to a treaty, whereby it purports to exclude or modify the legal effect of certain
provisions of the treaty in their application to that state.
• Rationale: Reservations allow for greater participation in multilateral treaties by
allowing states to opt out of specific problematic provisions.
Q&A
Part 1: Foundations and Sources of International Law
1. Q: What is the primary distinction between monism and dualism in international law?
• A: Monism views international and national law as a single legal system, where
international law can be directly applied domestically. Dualism sees them as separate
systems, requiring international law to be explicitly incorporated or transformed into
national law to have domestic effect.
• Rationale: This fundamental concept determines how international obligations are
enforced within a country's legal framework.
2. Q: According to Article 38(1) of the ICJ Statute, what are the primary sources of
international law?
• A: The primary sources are: a) international conventions (treaties), b) international
custom, c) general principles of law recognized by civilized nations, and d) judicial
decisions and teachings of highly qualified publicists as subsidiary means.
• Rationale: Article 38 is the authoritative starting point for identifying the sources of
international legal obligations.
, 3. Q: For a practice to become customary international law, what two key elements must be
present?
• A: 1) State Practice (Objective Element): A widespread and consistent practice of
states. 2) Opinio Juris (Subjective Element): The belief that this practice is legally
obligatory (opinio juris sive necessitatis).
• Rationale: Both elements are essential to distinguish legal custom from mere habit or
courtesy.
4. Q: What is the principle of Jus Cogens? Provide an example.
• A: Jus Cogens (peremptory norm) is a fundamental principle of international law
accepted by the international community as a whole, from which no derogation is
permitted. Examples include the prohibitions against genocide, slavery, torture, and
aggression.
• Rationale: These norms sit at the apex of the international legal order and void any
conflicting treaties.
5. Q: How does a "reservation" to a treaty function?
• A: A reservation is a unilateral statement made by a state when signing, ratifying, or
acceding to a treaty, whereby it purports to exclude or modify the legal effect of certain
provisions of the treaty in their application to that state.
• Rationale: Reservations allow for greater participation in multilateral treaties by
allowing states to opt out of specific problematic provisions.
