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International Law 2026 Assessment File Complete Legal Analysis Guide

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INTERNATIONAL LAW 2026 ASSESSMENT FILE COMPLETE LEGAL ANALYSIS GUIDE

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INTERNATIONAL LAW 2026 ASSESSMENT
FILE COMPLETE LEGAL ANALYSIS GUIDE


◉ Jus gentium
Answer: law of nations!
Universal law applied to foreigners when domestic law was
inadequate
Law as it is not how it ought to be
Filled gaps where roman civil law (jus civile) did not apply


◉ Grotius (1625)
Answer: Wrote The Law of War and Peace
Established that states are bound by legal rules in their relations
Considered the founder of modern international law.


◉ Jeremy Bentham (1789)
Answer: Coined term "international law"
Reframed the law of nations into a systematic discipline


◉ Peace of Westphalia (1648)

,Answer: Ended the Thiry Years' War
Created a system based on sovereign, independent states
Stated that states have rights & obligations toward each other
Horizontal system of authority, not vertical


◉ Montesquieu Principle
Answer: States should maximize good in peace and minimize harm
in war


◉ Public International Law
Answer: Relationship between sovereign states and international
organizations
Concerns organizations like the UN
Content: War, treaties, diplomacy


◉ Private International Law
Answer: Dispute resolution between private individuals and
companies across borders
Determines which country's laws to apply
Content: Jurisdiction, choice of law contracts


◉ Treaties

, Answer: Explicit agreements between states.
Voluntary but legally binding.
Binding only on signatories
Reflect express consent.
Create specific obligations
Codify existing custom & develop new rules


◉ opinio juris
Answer: an opinion of law or necessity


◉ Customary International Law
Answer: Law derived from consistent state practice + belief of legal
obligation (opinio juris).
Binding even without explicit agreement.


◉ General Principles of Law
Answer: Principles common across major legal systems.
Gap-filling when treaties/custom are insufficient.
Ex. Good faith, equity, res judicata


◉ Positivism
Answer: Law derives from state consent

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