exam questions with step-by-step
solutions
How many nation states are involved in the horizontal structure of international law? -
ANSWER-193
Why is there universal adherence in international law? - ANSWER-Fear of sanctions,
same motivation as to why we adhere to traffic regulations, mutual well-being of
members of society
International Law Definition - ANSWER-International law is that body of rules or norms
that are considered legally binding by states in their intercourse with each other.
Horizontal System of International Law - ANSWER-State to State, each state is
independent sovereign and presumably equal with all other states
Who is not included in the member states? - ANSWER-Holy see and Palestine
Principle characteristic in the Horizontal System - ANSWER-Sovereignty
2 fundamental principles of Sovereignty - ANSWER-Perfect equality and entire
independence of all distinct states
States are _____, and only bound by what they agree to. Therefore, that which is
____________ - ANSWER-sovereign, not prohibited is permitted
Vertical System of International Organizations include - ANSWER-European Union,
International Court of Justice Compulsory Jurisdiction, United Nations Security Council
How many member states are in the EU? - ANSWER-28
, What constitutes the EU - ANSWER-gives up some elements of sovereignty and
consenting to be governed by the rule of the court
What is the International Court of Justice Compulsory Jurisdiction? - ANSWER-Over 70
countries have agreed to have the ICJ go over any dispute with any other countries that
have signed this declaration
Natural Law - ANSWER-Fundamental principles of right and wrong. Separate from
those consented to by states
Jus cogens - ANSWER-compelling law/preemptory norms (slavery), certain things that
are considered to be prohibited
Pacta sunt servanda - ANSWER-treaties are to be observed in good faith
Notwithstanding - ANSWER-hard to discern
Positivism - ANSWER-emphasizes state consent (treaty based and on custom and
practice)
Treaty of Westphalia - ANSWER-1648, establishes our current era of sovereign states
What is a state? - ANSWER-Under international law, a state is an entity that has a
defined territory and a permanent population, under the control of its own government
and that engages in or has the capacity to engage in, formal relations with other such
entities.
Four elements of a state - ANSWER-Defined territory, permanent population, effective
government, capacity to enter into relations
How are international organizations formed? - ANSWER-Typically by a treaty, charter or
constitution