Assignments week 1
The international Legal Order
Hendriksen: H: 1, 2, 4, 5, 6
Part A: True/False Questions
1. The principle of sovereignty forms the foundation of the international
legal order.
The core legal aspect that is being addressed is the principle of
sovereignty. The independence of states is very important on the public
international law. Sovereignty is the principle that stands for this
independency of states. This statement is true because it correctly states
that the principle of sovereignty forms the foundation of the international
legal order.
2. A treaty that codifies customary international law also binds non-
state parties
The Vienna Convention of the laws explains the core rule, which is that
treaties are binding between state parties. This statement is false because
a treaty only binds state parties. Even if the treaty codifies customary
international law.
3. The United Nations has legal personality under both domestic law
and public international law.
This statement is true. The United Nations has legal personality under the
domestic law, on the basis of art. 104 Charter of the United Nations.
The United Nations has also legal personality under the public
international law on the basis of the Reparation for Injuries Suffered in the
Service of the UN, ICJ – Advisory opinion.
4. The personal immunity of high-ranking state officials leads to
impunity.
The statement is false because state immunity is not applicable at home,
where domestic proceedings are possible. A immunity has a cross-border
element which means immunity exists at – for example – the office. For
that actions proceedings can never be started in the domestic court or the
international court. In that case there has to be an international crime in
which impunity is not possible.
Part B: problem questions
IRAC-rule
Issue: introductory sentence, the most important information. What are
the facts and what is the legal question?
Rule: the applicable law. Treaties, case law, sources of public international
law.
Analyse: Argue, play with the facts of the case. Incorporate it into the
argumentation.
Conclusion: conclusion
The international Legal Order
Hendriksen: H: 1, 2, 4, 5, 6
Part A: True/False Questions
1. The principle of sovereignty forms the foundation of the international
legal order.
The core legal aspect that is being addressed is the principle of
sovereignty. The independence of states is very important on the public
international law. Sovereignty is the principle that stands for this
independency of states. This statement is true because it correctly states
that the principle of sovereignty forms the foundation of the international
legal order.
2. A treaty that codifies customary international law also binds non-
state parties
The Vienna Convention of the laws explains the core rule, which is that
treaties are binding between state parties. This statement is false because
a treaty only binds state parties. Even if the treaty codifies customary
international law.
3. The United Nations has legal personality under both domestic law
and public international law.
This statement is true. The United Nations has legal personality under the
domestic law, on the basis of art. 104 Charter of the United Nations.
The United Nations has also legal personality under the public
international law on the basis of the Reparation for Injuries Suffered in the
Service of the UN, ICJ – Advisory opinion.
4. The personal immunity of high-ranking state officials leads to
impunity.
The statement is false because state immunity is not applicable at home,
where domestic proceedings are possible. A immunity has a cross-border
element which means immunity exists at – for example – the office. For
that actions proceedings can never be started in the domestic court or the
international court. In that case there has to be an international crime in
which impunity is not possible.
Part B: problem questions
IRAC-rule
Issue: introductory sentence, the most important information. What are
the facts and what is the legal question?
Rule: the applicable law. Treaties, case law, sources of public international
law.
Analyse: Argue, play with the facts of the case. Incorporate it into the
argumentation.
Conclusion: conclusion
