INTERNATIONAL LAW EXAM
QUESTIONS AND EXPECTED CORRECT
ANSWERS
private international law
conflict of laws that govern within states (travel, crime)
regulates private transactions, dealings, and disputes
between legal subjects that involve foreign elements
domestic legal system
laws that operate within a state
public international law
governs relations primarily between states and other
subjects of IL (in times of war, peace, treaties, etc.)
traditionally, IL only applied to states. what was the
exception to this (16th, 17th c.)?
pirates
where and by whom would pirates be tried?
any state could capture and try within that state
when did IL expand beyond regulating just states?
post WWII
natural persons
human beings
artificial persons
institutions, corporations
domestic laws are addressed to two types of
individuals:
natural and artificial
,IL regulates ________ of states and other entities
behavior
differences between international law and domestic
law
-IL lack of central authority
-decentralization of legal function
-domestic realm is hierarchical, use of force is forbidden
-lack of enforcement in IL
how do international courts differ from domestic (ICJ,
ICC)
issue judgements but largely no enforcement, states elect
to be in them
decentralization
Degree to which decision-making authority is given to
lower levels in an organization's hierarchy.
the transfer of authority from central to local government
what does it mean that international law has
decentralization of legal function
no one governing/legislative body, rely on political
associations (EU, Arab League), treaties (TPP, NATO,
Paris Accords), UN, ICC, ICJ
can't weigh against each other
horizontal relationships between states
all states equal in theory, same plane/playing field
what does the seesaw example explicate?
though states are equal in theory, some have more power
in the formation of IL
(weigh Russia against Tuvalu--should balance but in
reality Russia more substantial)
anarchy
,a lack of government and law; lack of centralized
rules/political authority
how can IL be abused (i.e. Russia invading Crimea)
use IL to appear to be law-abiding citizens, but then use it
as justification for something illegal (Russia invades
Crimea because Crimea traditionally a part of Russia)
who makes the rules in IL, who has to follow
the powerful make the rules for everyone to follow
how does Montesquieu explain international law
"in its present state, this branch of law is a science which
explains to a king how far he can violate justice without
damaging their own interests"
counterarguments to critics of IL because states
violate
-just because people violate doesn't mean laws
don't/shouldn't exist
-overestimate efficacy of DL (speed limits)
what is an example of overestimation of the efficacy of
domestic law
speed limits
what three major things is missing in IL (and present
in DL)
1. no third party enforcement
2. legislators
3. judiciary with compulsory jurisdiction
why is it beneficial for states to abide by IL?
-to have a positive reputation
-more order, predictability --> easier for economic
transactions to take place
-trade, foreign investments --> need to gauge risks,
, benefits
-more confident if operating under same set of rules
reciprocity
what you give you expect to get back in return
traditional definition of international law
body of principles, customs, and rules recognized as
effectively binding obligations by sovereign states and
other entities with international personality
modern definition of international law (American Law
Institute)
consists of rules and principles of general application
dealing with the conduct of states
history: IL in Mesopotamia
treaty that talks about how to peacefully resolve disputes
between communities/identites
history: IL in Greece
interrelationships built within Hellenistic War (treaties),
protection of diplomats (still valid), declaration of war
international arbitration developed in __________
(country)
Greece
diplomatic immunity
A privilege under which diplomats' activities fall outside the
jurisdiction of the host country's national courts
-cannot be personally violated, stuff can't be touched
where did diplomatic immunity originate
Greece
history: IL in Rome
jus gentium governs relationships between Roman
citizens and foreigners as well as relationships between
foreigners within the Roman Empire (trade, travel)
QUESTIONS AND EXPECTED CORRECT
ANSWERS
private international law
conflict of laws that govern within states (travel, crime)
regulates private transactions, dealings, and disputes
between legal subjects that involve foreign elements
domestic legal system
laws that operate within a state
public international law
governs relations primarily between states and other
subjects of IL (in times of war, peace, treaties, etc.)
traditionally, IL only applied to states. what was the
exception to this (16th, 17th c.)?
pirates
where and by whom would pirates be tried?
any state could capture and try within that state
when did IL expand beyond regulating just states?
post WWII
natural persons
human beings
artificial persons
institutions, corporations
domestic laws are addressed to two types of
individuals:
natural and artificial
,IL regulates ________ of states and other entities
behavior
differences between international law and domestic
law
-IL lack of central authority
-decentralization of legal function
-domestic realm is hierarchical, use of force is forbidden
-lack of enforcement in IL
how do international courts differ from domestic (ICJ,
ICC)
issue judgements but largely no enforcement, states elect
to be in them
decentralization
Degree to which decision-making authority is given to
lower levels in an organization's hierarchy.
the transfer of authority from central to local government
what does it mean that international law has
decentralization of legal function
no one governing/legislative body, rely on political
associations (EU, Arab League), treaties (TPP, NATO,
Paris Accords), UN, ICC, ICJ
can't weigh against each other
horizontal relationships between states
all states equal in theory, same plane/playing field
what does the seesaw example explicate?
though states are equal in theory, some have more power
in the formation of IL
(weigh Russia against Tuvalu--should balance but in
reality Russia more substantial)
anarchy
,a lack of government and law; lack of centralized
rules/political authority
how can IL be abused (i.e. Russia invading Crimea)
use IL to appear to be law-abiding citizens, but then use it
as justification for something illegal (Russia invades
Crimea because Crimea traditionally a part of Russia)
who makes the rules in IL, who has to follow
the powerful make the rules for everyone to follow
how does Montesquieu explain international law
"in its present state, this branch of law is a science which
explains to a king how far he can violate justice without
damaging their own interests"
counterarguments to critics of IL because states
violate
-just because people violate doesn't mean laws
don't/shouldn't exist
-overestimate efficacy of DL (speed limits)
what is an example of overestimation of the efficacy of
domestic law
speed limits
what three major things is missing in IL (and present
in DL)
1. no third party enforcement
2. legislators
3. judiciary with compulsory jurisdiction
why is it beneficial for states to abide by IL?
-to have a positive reputation
-more order, predictability --> easier for economic
transactions to take place
-trade, foreign investments --> need to gauge risks,
, benefits
-more confident if operating under same set of rules
reciprocity
what you give you expect to get back in return
traditional definition of international law
body of principles, customs, and rules recognized as
effectively binding obligations by sovereign states and
other entities with international personality
modern definition of international law (American Law
Institute)
consists of rules and principles of general application
dealing with the conduct of states
history: IL in Mesopotamia
treaty that talks about how to peacefully resolve disputes
between communities/identites
history: IL in Greece
interrelationships built within Hellenistic War (treaties),
protection of diplomats (still valid), declaration of war
international arbitration developed in __________
(country)
Greece
diplomatic immunity
A privilege under which diplomats' activities fall outside the
jurisdiction of the host country's national courts
-cannot be personally violated, stuff can't be touched
where did diplomatic immunity originate
Greece
history: IL in Rome
jus gentium governs relationships between Roman
citizens and foreigners as well as relationships between
foreigners within the Roman Empire (trade, travel)
