International Law Exam Questions with 100% Correct Answers International Law Correct Answer Body of rules and principles which are binding upon states in their relations with one another.
Public international law Correct Answer Defined as: The rules which govern the following relations:
Between sovereign independent states.
Between sovereign independent states and organisations made up of states.
Between organisations made up of states.
Treaty Correct Answer An international agreement concluded between states in written form and governed by international law, whether embodies in a single instrument or in two or more related instruments and whatever its particular designation. Or;
A treaty is an agreement, whether written or oral, concluded between public international law subjects with the intention of creating a public international law relationship. The agreement must give rise to reciprocal rights and duties and must be governed by public international law.
Ways of concluding a treaty Correct Answer * Exchange of instruments
* Ratification
* Acceptance
* Approval
* Accession
* By any other means so agreed
Void Treaties: VC Art 48 - Error Correct Answer A state may invoke error it is assumed the following: A fact or situation (which was) material (and) formed on the basis of consent when the treaty was concluded and it did not itself contribute to the error; or the
circumstances were not suspicious.
Void Treaties: VC Art 49 - Fraud Correct Answer A state may invoke fraud if: It was induced by fraudulent action of other negotiating states to conclude the treaty.
Void Treaties: VC Art 50 - Corruption Correct Answer A state may invoke corruption of there was: Direct or indirect corruption (of) the state's representative (by) another negotiating state.
Void Treaties: VC Art 51 - Coercion Correct Answer A state may invoke coercion where there was: Coercion of a representative by act or threats against the representative by any person. Void Treaties: VC Art 52 - Force Correct Answer A state may invoke force if there was: Coercion of a state by threat or use of force contrary to the principles of international law in the Charter.
Ius Cogens Correct Answer Defined by Article 53 of the VC as: * An obligatory rule (of)
* general international law (which is)
* accepted and recognized by the community of states as a whole * a rule from which no deviation is allowed (and)
* which can be altered only by another norm or rule of the same kind.
When are treaties voidable: Correct Answer 1. Fulfillment of obligations
2. Treaty Provision
3. Consent
4. Unilateral Repudiation
5. Conclusion of a new treaty
6. Breach of treaty
7. Impossibility of performance
8. Fundamental change of circumstances: Rebus sic stantibus
9. War and suspension of diplomatic/consular relations
10. Ius Cogens
The court may have regard to unincorporated treaties: Correct Answer * To interpret ambiguous legislation
* To test the validity of delegated legislation on grounds of reasonableness
* Where the treaty is evidence of a customary public international law.
Definition of treaty reservations Correct Answer A reservation is an offer by the reserving state to the other parties to a multilateral treaty that the agreement between them will have certain content.
Reservations to treaties: A summary... Correct Answer First: Reservations arise only in multilateral treaties
Secondly: Treaties are consensual Thirdly: The aim of a multilateral treaty is to get as many states as possible to agree to as many issues as possible.
Definition of international custom: Correct Answer International custom, as evidence of a general practice accepted as law.
Two legs of customary international law:
1. General practice (usus)
2. Accepted as law (opinio iuris sivew necessitatis (opinio iuris))
Public international law Correct Answer Defined as: The rules which govern the following relations:
Between sovereign independent states.
Between sovereign independent states and organisations made up of states.
Between organisations made up of states.
Treaty Correct Answer An international agreement concluded between states in written form and governed by international law, whether embodies in a single instrument or in two or more related instruments and whatever its particular designation. Or;
A treaty is an agreement, whether written or oral, concluded between public international law subjects with the intention of creating a public international law relationship. The agreement must give rise to reciprocal rights and duties and must be governed by public international law.
Ways of concluding a treaty Correct Answer * Exchange of instruments
* Ratification
* Acceptance
* Approval
* Accession
* By any other means so agreed
Void Treaties: VC Art 48 - Error Correct Answer A state may invoke error it is assumed the following: A fact or situation (which was) material (and) formed on the basis of consent when the treaty was concluded and it did not itself contribute to the error; or the
circumstances were not suspicious.
Void Treaties: VC Art 49 - Fraud Correct Answer A state may invoke fraud if: It was induced by fraudulent action of other negotiating states to conclude the treaty.
Void Treaties: VC Art 50 - Corruption Correct Answer A state may invoke corruption of there was: Direct or indirect corruption (of) the state's representative (by) another negotiating state.
Void Treaties: VC Art 51 - Coercion Correct Answer A state may invoke coercion where there was: Coercion of a representative by act or threats against the representative by any person. Void Treaties: VC Art 52 - Force Correct Answer A state may invoke force if there was: Coercion of a state by threat or use of force contrary to the principles of international law in the Charter.
Ius Cogens Correct Answer Defined by Article 53 of the VC as: * An obligatory rule (of)
* general international law (which is)
* accepted and recognized by the community of states as a whole * a rule from which no deviation is allowed (and)
* which can be altered only by another norm or rule of the same kind.
When are treaties voidable: Correct Answer 1. Fulfillment of obligations
2. Treaty Provision
3. Consent
4. Unilateral Repudiation
5. Conclusion of a new treaty
6. Breach of treaty
7. Impossibility of performance
8. Fundamental change of circumstances: Rebus sic stantibus
9. War and suspension of diplomatic/consular relations
10. Ius Cogens
The court may have regard to unincorporated treaties: Correct Answer * To interpret ambiguous legislation
* To test the validity of delegated legislation on grounds of reasonableness
* Where the treaty is evidence of a customary public international law.
Definition of treaty reservations Correct Answer A reservation is an offer by the reserving state to the other parties to a multilateral treaty that the agreement between them will have certain content.
Reservations to treaties: A summary... Correct Answer First: Reservations arise only in multilateral treaties
Secondly: Treaties are consensual Thirdly: The aim of a multilateral treaty is to get as many states as possible to agree to as many issues as possible.
Definition of international custom: Correct Answer International custom, as evidence of a general practice accepted as law.
Two legs of customary international law:
1. General practice (usus)
2. Accepted as law (opinio iuris sivew necessitatis (opinio iuris))
