International Law FINAL, international
law Exam Questions With 100%
Correct Answers
Originators - Answer states that create a new court (as opposed to joiners)
Kantian peace theory of court formation - Answer democracies form trade ties and are
more likely to favor a court system
Contagion theory of court formation - Answer intl courts tend to proliferate once a
framework is in place. "Patient zero" is first court to initiate it
Hegemonic theory of court formation - Answer International courts often proliferate after
world order is rearranged
Critique of hegemonic theory of court formation - Answer states that used to be in power
will fall from power but the courts are still there
Critique of contagion theory of court formation - Answer considerable variation in design
of international courts; not all courts have ability to be fair and balanced
Islamic law is ___ in terms of contract formalism - Answer between civil and common
law; in the middle
Least formalized type of Islamic law - Answer procedural
Common law follows an __ court model - Answer adversarial
Civil law follows an ___ court model - Answer inquisitorial
Civil and common law are ___ tolerant of appeals than Islamic law - Answer more
Stare decisis - Answer using precedent to make legal decisions
Civil and common law have become more similar over time but they're still different in
the following ways: - Answer theory behind the law; use of facts/rules; systemization
Common law legal system originated in __ - Answer England, 1066 CE
,What's the number one characteristic of common law? - Answer jury trials
Common law spread to... - Answer almost all former British colonies; except Louisiana
Civil legal system originated with - Answer ancient Roman law in 450 BC; 12 tables
Corpus Juris Civilis - Answer New code of the Roman Law decided by Justinian I in 529
CE that made Orthodox Christianity the law of the land. It means the "body of civil law".
Ius commune - Answer medieval common law
Civil legal tradition does not use -- - Answer jury
Civil legal system is used in - Answer Asia; continental Europe; South America; Africa
Usus - Answer general practice
UN Security Council referral is NOT the most common way to - Answer trigger
proceedings at ICC
UN Charter does NOT provide a precise protocol for - Answer settlement of intl disputes
Reservations ___ be excluded from a treaty - Answer may
the ICC has only rendered verdicts for ... - Answer cases in Africa
ICC is located in - Answer the Hague
Thalweg is a __ - Answer customary norm
Who is the current president of the ICJ? - Answer Yusuf
structure of ICJ - Answer 15 judges elected for 9 year terms
__ is main judicial organ of UN - Answer ICJ
official languages of ICJ - Answer English and French
Types of claims to territory - Answer treaties, geography, economy, culture, effective
control, history, uti possidetis, elitism, ideology
Which claims does the ICJ consider the most valid? - Answer treaties, uti possidetis,
and effective control
,3 ways that cases come before the ICJ - Answer -Referral; Compromis (agreement)
between states
-Treaty provision (most common bc easiest to prove)
-Compulsory jurisdiction
terra nullius - Answer means the land doesn't belong to anybody. Seen as the "sine qua
non" of territory.
Definition of "effective control" - Answer "establishment of governmental control
sufficient to provide security to life and property"
uti possidetis - Answer territorial lines are based on colonial borders
Elitism territorial claim - Answer a certain group has a right to the land; divine right
Ideology territorial claim - Answer a group has a moral right to own or to be rejected
from land (i.e. anticolonial movements make this claim)
how does the ICJ make territorial decisions? - Answer Tripartite methods: first considers
treaty law, then consider uti possidetis, then effective control
In absence of these 3, equity is preferred over geography, history, culture, elitism,
ideology, etc.
Which is the type of territorial claim that the ICJ takes least seriously? - Answer history
What is uti possidetis from a legal point of view? - Answer practically customary law;
bridges gap between contract and property theory
What is the optional clause for? - Answer accepting compulsory jurisdiction: "for all of
my disputes in the future, I accept the jurisdiction of the court"
Rationae personae reservations to optional clause - Answer recognizing jurisdiction
except with certain states. Limits the court's jurisdiction to only encompass disputes with
certain states (states that usually do this are from British commonwealth)
Rationae materiae reservations to optional clause - Answer disputes relating to a
specific topic (i.e. foreign liabilities or debts, or environmental issue)
Rationae temporis reservations to optional clause - Answer disputes around a certain
time period
___ law states are more likely to support the ICJ - Answer civil
Contracts created in __ are longer and more detailed - Answer common law
, Civil law judges are ___ in the interpretation of law - Answer more constrained
Degree of formalism in intl law resembles __ - Answer civil and common law
simultaneously
Grounds for appeal in common law is ___ than in civil law - Answer narrower
Order of strictness in terms of appeals? (most to least) - Answer common, Islamic, civil
Can non-state parties appear in the ICJ? - Answer no
Can disputing states decide whether the decision of a commission of inquiry is binding?
- Answer yes
Is the Holy See considered a state? - Answer no
Where are both the PCA and ICJ located? - Answer peace palace in the Hague
what does the PCA do? - Answer facilitates use of arbitration by states and non state
actors; provides support to developing countries seeking to arbitrate
What did Auschwitz Monowitz produce? - Answer synthetic rubber
UN Security Council may ... - Answer ask for an advisory opinion
In the past, intl law could only prosecute individuals in cases of - Answer piracy
When was the ICC created? - Answer 2002 (Rome Statute)
How is ICC different from other intl courts? - Answer not allowed to have reservations to
join; treaty-based court of last resort
What type of law does the ICJ use? - Answer civil
What type of law does the ICC use? - Answer combination of civil and common
How is the ICC less adversarial than other courts? - Answer there's a disclosure
requirement; judges have the right to request evidence; chamber may convict the
accused after admission of guilt but doesn't have to; there's the right of appeal
How do Islamic states feel about the ICC? - Answer don't like it bc Islamic law wasn't
included in the formation
Complementarity - Answer ICC can only investigate if states fail to act first
law Exam Questions With 100%
Correct Answers
Originators - Answer states that create a new court (as opposed to joiners)
Kantian peace theory of court formation - Answer democracies form trade ties and are
more likely to favor a court system
Contagion theory of court formation - Answer intl courts tend to proliferate once a
framework is in place. "Patient zero" is first court to initiate it
Hegemonic theory of court formation - Answer International courts often proliferate after
world order is rearranged
Critique of hegemonic theory of court formation - Answer states that used to be in power
will fall from power but the courts are still there
Critique of contagion theory of court formation - Answer considerable variation in design
of international courts; not all courts have ability to be fair and balanced
Islamic law is ___ in terms of contract formalism - Answer between civil and common
law; in the middle
Least formalized type of Islamic law - Answer procedural
Common law follows an __ court model - Answer adversarial
Civil law follows an ___ court model - Answer inquisitorial
Civil and common law are ___ tolerant of appeals than Islamic law - Answer more
Stare decisis - Answer using precedent to make legal decisions
Civil and common law have become more similar over time but they're still different in
the following ways: - Answer theory behind the law; use of facts/rules; systemization
Common law legal system originated in __ - Answer England, 1066 CE
,What's the number one characteristic of common law? - Answer jury trials
Common law spread to... - Answer almost all former British colonies; except Louisiana
Civil legal system originated with - Answer ancient Roman law in 450 BC; 12 tables
Corpus Juris Civilis - Answer New code of the Roman Law decided by Justinian I in 529
CE that made Orthodox Christianity the law of the land. It means the "body of civil law".
Ius commune - Answer medieval common law
Civil legal tradition does not use -- - Answer jury
Civil legal system is used in - Answer Asia; continental Europe; South America; Africa
Usus - Answer general practice
UN Security Council referral is NOT the most common way to - Answer trigger
proceedings at ICC
UN Charter does NOT provide a precise protocol for - Answer settlement of intl disputes
Reservations ___ be excluded from a treaty - Answer may
the ICC has only rendered verdicts for ... - Answer cases in Africa
ICC is located in - Answer the Hague
Thalweg is a __ - Answer customary norm
Who is the current president of the ICJ? - Answer Yusuf
structure of ICJ - Answer 15 judges elected for 9 year terms
__ is main judicial organ of UN - Answer ICJ
official languages of ICJ - Answer English and French
Types of claims to territory - Answer treaties, geography, economy, culture, effective
control, history, uti possidetis, elitism, ideology
Which claims does the ICJ consider the most valid? - Answer treaties, uti possidetis,
and effective control
,3 ways that cases come before the ICJ - Answer -Referral; Compromis (agreement)
between states
-Treaty provision (most common bc easiest to prove)
-Compulsory jurisdiction
terra nullius - Answer means the land doesn't belong to anybody. Seen as the "sine qua
non" of territory.
Definition of "effective control" - Answer "establishment of governmental control
sufficient to provide security to life and property"
uti possidetis - Answer territorial lines are based on colonial borders
Elitism territorial claim - Answer a certain group has a right to the land; divine right
Ideology territorial claim - Answer a group has a moral right to own or to be rejected
from land (i.e. anticolonial movements make this claim)
how does the ICJ make territorial decisions? - Answer Tripartite methods: first considers
treaty law, then consider uti possidetis, then effective control
In absence of these 3, equity is preferred over geography, history, culture, elitism,
ideology, etc.
Which is the type of territorial claim that the ICJ takes least seriously? - Answer history
What is uti possidetis from a legal point of view? - Answer practically customary law;
bridges gap between contract and property theory
What is the optional clause for? - Answer accepting compulsory jurisdiction: "for all of
my disputes in the future, I accept the jurisdiction of the court"
Rationae personae reservations to optional clause - Answer recognizing jurisdiction
except with certain states. Limits the court's jurisdiction to only encompass disputes with
certain states (states that usually do this are from British commonwealth)
Rationae materiae reservations to optional clause - Answer disputes relating to a
specific topic (i.e. foreign liabilities or debts, or environmental issue)
Rationae temporis reservations to optional clause - Answer disputes around a certain
time period
___ law states are more likely to support the ICJ - Answer civil
Contracts created in __ are longer and more detailed - Answer common law
, Civil law judges are ___ in the interpretation of law - Answer more constrained
Degree of formalism in intl law resembles __ - Answer civil and common law
simultaneously
Grounds for appeal in common law is ___ than in civil law - Answer narrower
Order of strictness in terms of appeals? (most to least) - Answer common, Islamic, civil
Can non-state parties appear in the ICJ? - Answer no
Can disputing states decide whether the decision of a commission of inquiry is binding?
- Answer yes
Is the Holy See considered a state? - Answer no
Where are both the PCA and ICJ located? - Answer peace palace in the Hague
what does the PCA do? - Answer facilitates use of arbitration by states and non state
actors; provides support to developing countries seeking to arbitrate
What did Auschwitz Monowitz produce? - Answer synthetic rubber
UN Security Council may ... - Answer ask for an advisory opinion
In the past, intl law could only prosecute individuals in cases of - Answer piracy
When was the ICC created? - Answer 2002 (Rome Statute)
How is ICC different from other intl courts? - Answer not allowed to have reservations to
join; treaty-based court of last resort
What type of law does the ICJ use? - Answer civil
What type of law does the ICC use? - Answer combination of civil and common
How is the ICC less adversarial than other courts? - Answer there's a disclosure
requirement; judges have the right to request evidence; chamber may convict the
accused after admission of guilt but doesn't have to; there's the right of appeal
How do Islamic states feel about the ICC? - Answer don't like it bc Islamic law wasn't
included in the formation
Complementarity - Answer ICC can only investigate if states fail to act first
