International Law – Questions With Appropriate
Answers
What is a treaty? Correct Answer - VCLT Article 2 defines a treaty as an
international agreement concluded between states in written form and
governed by international law, whether embodied in a single instrument or
two or more related instruments.
Who can initiate treaties? Correct Answer - (1) Individual states;
(2) International organizations;
(3) Non-governmental organizations
What does it mean when a state signs a treaty? Correct Answer - The
state accepts the text as adopted and intends to ratify it.
Upon ___ a treaty becomes __ on the state. Correct Answer - Ratification;
binding
States are the ___ or ___ actors of international law - they both create and can
be the subject of international legal obligations. Correct Answer -
Primary, sole
According to the Montevideo Convention, a state should possess what
qualifications: Correct Answer - (1) A permanent population;
(2) A defined territory;
(3) A government;
(4) Capacity to enter into foreign relations with other states
What are the various ways states can be formed? Correct Answer - (1)
Decolonization;
(2) Secession;
(3) Dissolution;
(4) Mergers;
(5) Peace Treaties
What are some of the abilities of states? Correct Answer - (1) Treaty-
making capacity;
(2) Gain immunity for itself and officials;
,(3) Have a right to self-defense under Article 51 of the UN Charter
(4) Gain access to international courts
What is soft law? Correct Answer - A document, agreement, resolution,
etc. that is framed in legal language but does not create legally binding
obligations.
What are the benefits to soft law compared to treaties? Correct Answer -
Soft law is more flexible/reactionary:
(1)Easier to make changes/treaties require amendments and ratification
(2)Tends to avoid political opposition
Soft law possesses an authority that is comparable to that of ____ or ____
Correct Answer - Treaties or custom
What is prescriptive jurisdiction? Correct Answer - Deals with when a
state can apply its domestic law to specific conduct.
What exercises of prescriptive jurisdiction are generally prohibited? Correct
Answer - Extraterritorial exercises (applying one's domestic law to foreign
conduct).
What are the four forms of prescriptive jurisdiction? Correct Answer -
(1) The Nationality Principle - States can always exercise jurisdiction over
their nationals
(2) The Protective Principle - States can regulate extraterritorial conduct by
non-nationals when their conduct compromises state security/important
interests (i.e. passport counterfeiters)
(3) Passive Personality Principle - A state may apply its law to an
extraterritorial act committed by a non-national when a national is the victim.
(4) Universal Jurisdiction - ANY state may exercise jurisdiction over an
individual who commits heinous crimes such as slavery.
What are the forms soft law comes in? Correct Answer - (1) Declarations
from international organizations;
(2) Industry codes of conduct;
(3) Experts' reports
, What is customary international law? Correct Answer - Rules that stem
from a general and consistent practice of states followed from a sense of legal
obligation.
What two elements make up customary international law? Correct Answer
- (1) State practice - Uniform, extensive, representative (how long has the
practice existed/how many states adhere to it);
(2) Opinio Juris - Followed out of a sense of legal obligation
How does customary international law form? Correct Answer - When
states implicitly or explicitly acquiesce in particular practices and eventually
recognize that these practices are obligated.
Once a customary rule forms, it is ____ on states unless they objected. Correct
Answer - Binding
What are non-governmental organizations (NGO's)? Correct Answer -
Either national or transnational groups of individuals or private entities
united together to advocate a particular agenda on the domestic or
international stage.
What are some of the ways that NGO's participate in international law?
Correct Answer - (1) Preparing studies;
(2) Engage the media to influence public opinion;
(3) Attend international conferences as lobbyists.
What are one benefit of NGO's? Correct Answer - They often help get
treaties adopted quicker. (i.e. Landmines Treaty)
What is an armed attack? Correct Answer - Attacks by states or state-
sanctioned actors that violates Article 51 of the UN Charter and allows states
to exercise individual or collective self-defense.
What is the primary case dealing with armed attacks and intervention in a
nation's domestic affairs?
What is a secondary case? Correct Answer - Nicaragua v. U.S.
DRC v. Uganda
Answers
What is a treaty? Correct Answer - VCLT Article 2 defines a treaty as an
international agreement concluded between states in written form and
governed by international law, whether embodied in a single instrument or
two or more related instruments.
Who can initiate treaties? Correct Answer - (1) Individual states;
(2) International organizations;
(3) Non-governmental organizations
What does it mean when a state signs a treaty? Correct Answer - The
state accepts the text as adopted and intends to ratify it.
Upon ___ a treaty becomes __ on the state. Correct Answer - Ratification;
binding
States are the ___ or ___ actors of international law - they both create and can
be the subject of international legal obligations. Correct Answer -
Primary, sole
According to the Montevideo Convention, a state should possess what
qualifications: Correct Answer - (1) A permanent population;
(2) A defined territory;
(3) A government;
(4) Capacity to enter into foreign relations with other states
What are the various ways states can be formed? Correct Answer - (1)
Decolonization;
(2) Secession;
(3) Dissolution;
(4) Mergers;
(5) Peace Treaties
What are some of the abilities of states? Correct Answer - (1) Treaty-
making capacity;
(2) Gain immunity for itself and officials;
,(3) Have a right to self-defense under Article 51 of the UN Charter
(4) Gain access to international courts
What is soft law? Correct Answer - A document, agreement, resolution,
etc. that is framed in legal language but does not create legally binding
obligations.
What are the benefits to soft law compared to treaties? Correct Answer -
Soft law is more flexible/reactionary:
(1)Easier to make changes/treaties require amendments and ratification
(2)Tends to avoid political opposition
Soft law possesses an authority that is comparable to that of ____ or ____
Correct Answer - Treaties or custom
What is prescriptive jurisdiction? Correct Answer - Deals with when a
state can apply its domestic law to specific conduct.
What exercises of prescriptive jurisdiction are generally prohibited? Correct
Answer - Extraterritorial exercises (applying one's domestic law to foreign
conduct).
What are the four forms of prescriptive jurisdiction? Correct Answer -
(1) The Nationality Principle - States can always exercise jurisdiction over
their nationals
(2) The Protective Principle - States can regulate extraterritorial conduct by
non-nationals when their conduct compromises state security/important
interests (i.e. passport counterfeiters)
(3) Passive Personality Principle - A state may apply its law to an
extraterritorial act committed by a non-national when a national is the victim.
(4) Universal Jurisdiction - ANY state may exercise jurisdiction over an
individual who commits heinous crimes such as slavery.
What are the forms soft law comes in? Correct Answer - (1) Declarations
from international organizations;
(2) Industry codes of conduct;
(3) Experts' reports
, What is customary international law? Correct Answer - Rules that stem
from a general and consistent practice of states followed from a sense of legal
obligation.
What two elements make up customary international law? Correct Answer
- (1) State practice - Uniform, extensive, representative (how long has the
practice existed/how many states adhere to it);
(2) Opinio Juris - Followed out of a sense of legal obligation
How does customary international law form? Correct Answer - When
states implicitly or explicitly acquiesce in particular practices and eventually
recognize that these practices are obligated.
Once a customary rule forms, it is ____ on states unless they objected. Correct
Answer - Binding
What are non-governmental organizations (NGO's)? Correct Answer -
Either national or transnational groups of individuals or private entities
united together to advocate a particular agenda on the domestic or
international stage.
What are some of the ways that NGO's participate in international law?
Correct Answer - (1) Preparing studies;
(2) Engage the media to influence public opinion;
(3) Attend international conferences as lobbyists.
What are one benefit of NGO's? Correct Answer - They often help get
treaties adopted quicker. (i.e. Landmines Treaty)
What is an armed attack? Correct Answer - Attacks by states or state-
sanctioned actors that violates Article 51 of the UN Charter and allows states
to exercise individual or collective self-defense.
What is the primary case dealing with armed attacks and intervention in a
nation's domestic affairs?
What is a secondary case? Correct Answer - Nicaragua v. U.S.
DRC v. Uganda
