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Return to International Law Concentrate 4e Resources
Is there any hierarchy or priority among States under international law?
Yes, the States that were the founding members of the United Nations are vested with more powers and authority
Yes, the Permanent Five Members of the UN Security Council (UK, USA, France, Russia, China) are in a superior position than the other States
No, all States are considered equal as sovereign States (the principle of sovereign equality, enshrined in article 2, para 1 UN Charter)
Whether there will be any hierarchy among States is a matter of each international organization to decide
Is there any priority among international courts and tribunals?
According to the
lis pendens rule
, the court or the tribunal that seizes first the dispute has exclusive jurisdiction to adjudicate it
The International Court of Justice has by definition priority over any other court or tribunal
Since there is no
rule in international law and all depends on the consent of the parties to a dispute, there is no priority or hierarchy among international courts and tribunals
Regional or special courts have priority over all others in line of the principle of
What is required for a general rule of customary law to be formed?
Only general, widespread and consistent practice on the part of States is required
The consistent practice of few States is sufficient
The legal conviction that a certain practice of a State is in accordance with international law is the most significant requirement
Both the elements of widespread and consistent State practice and of the
Who is a 'persistent objector'?
The State which persistently objects to the rule in question after its formation
The State which denies to be bound by the rule in question for a short period
The State which persistently and publicly objects to the formation of a rule of customary law from its outset
The State which accepts the formation of a rule of customary law but it retains objections as to its content
How the consent to be bound of a State may be expressed?
The consent of a State to be bound is expressed only by ratification
The consent of a state to be bound by a treaty may be expressed by signature, ratification, acceptance, approval or accession
The consent of a State to be bound is expressed by signature
The consent of a State to be bound is expressed by whatever means they choose
What does the principle '
pacta sunt servanda'
Parties to a treaty should be cognizant of its terms and not misinterpret them
Parties to a treaty should safeguard the object and purpose of the treaty
Parties to a treaty should adhere to its terms in good faith
Parties to a treaty should not violate the most important provisions of the treaty
What does the doctrine of incorporation suggest in respect of treaties?
The doctrine of incorporation requires that all treaties undergo legislative transformation before they become domestic law
The doctrine of incorporation does not require any further action at the domestic level
The doctrine of incorporation treats treaties as inferior to domestic law
The doctrine of incorporation suggests that ratified treaties automatically pass into the sphere of domestic law
What dimension did the Kadi judgment introduce with respect to the incorporation of UN Security Council resolutions?
The Kadi judgment demanded that UNSC resolutions are construed in accordance with human rights
The Kadi judgment demanded that all UNSC resolutions be incorporated without any further implementing legislation
The Kadi judgment required that important UNSC resolutions be transformed and not merely incorporated
The Kadi judgment claimed that UNSC resolutions are not binding if they violate human rights
What is the meaning of international legal personality?
It means that only States are considered subjects of international law
It means having rights and duties under international law and a capacity to enforce these by or against the relevant actor
It means that an entity may challenge the authority of States
It is a term that is meant to denote legal, as opposed, to physical persons under international law
What are the criteria for statehood under the 1933 Montevideo Convention?
It requires that the entity in question is not an aggressor and that it is peaceful
It requires recognition by the majority of other nations
It requires a permanent population, a defined territory, a government and a capacity to enter into foreign relations
It requires stable and indissoluble borders as well as recognition
What is passive personality jurisdiction?
It is jurisdiction based on the nationality of the offender
It is jurisdiction based on where the offence was committed
It is jurisdiction based on the nationality of the victims
It is jurisdiction based on the country where the legal person was Registered
Is piracy under international (jure gentium) law subject to universal jurisdiction?
Piracy jure gentium is subject to flag State jurisdiction
Piracy jure gentium is subject to universal jurisdiction
Piracy jure gentium is subject to port State jurisdiction
Piracy jure gentium is subject to nationality-based jurisdiction
What is an act
are those undertaken by States in a private capacity
All purchases by the State are acts
All acts undertaken by State corporations are
All conduct undertaken by government officials in their free time is considered
What is the meaning of "act of State" doctrine?
The act of State doctrine denotes that all State acts attract immunity
The act of State doctrine denotes that the assessment as to the existence of an alleged tort committed by a State belongs to the executive and not the courts
The act of State doctrine denotes that the courts are well placed to assess the existence of an alleged tort committed by the State
The act of State doctrine is a legal mechanism that allows the courts to provide immunity to public acts of foreign States
Which is a 'rock'under the UN Convention of the Law of the Sea (UNCLOS)?
Rocks are the islands that are less than 10 square miles
Rocks are the islands that do not have any maritime zone
Rocks are the islands which cannot sustain human habitation or economic life of their own and according to article 121 (3) have no Exclusive Economic Zone or continental shelf.
Rocks are the small islands that can sustain human habitation
What is the function of the contiguous zone?
The contiguous zone functions as security zone of the coastal State
The contiguous zone is a zone, in which the coastal State may explore and exploit its mineral resources
The contiguous zone is a zone in which the coastal State is permitted to prevent and punish infringements of customs, fiscal, immigration or sanitary laws
The contiguous zone is a zone in which the coastal State safeguards its archaeological and historical objects
Are all acts of State organs attributed to the State under the law international responsibility?
The conduct of any State organ shall be considered an act of that State, even in the case that this conduct was unauthorized or
Only the conduct of the higher echelons of the government of State shall be attributable to it
The conduct of any State organs shall be considered an act of that State, provided that it is
Only the conduct of the executive branch of the State shall be considered an act of that State.
When a State may lawfully invoke necessity as a circumstance precluding wrongfulness?
Necessity may be invoked by a State when its organ had not other reasonable way of saving his life
Necessity may be invoked by a State only in cases of environmental disasters
Necessity may be invoked by a State when it acts under the pressure of an irresistible force or an unforeseen event
Necessity may be invoked by a State in the exceptional cases where the only way it can safeguard an essential interest threatened by a grave and imminent peril is, for the time being, to avoid performing some other international obligation of lesser weight or urgency
What is the obligation of the peaceful settlement of disputes?
It is an obligation of result, that is, States are under a strict obligation to resolve their disputes as soon as possible
It is an obligation of conduct, ie States have an obligation to try to resolve their disputes through peaceful means. This does not entail an obligation to resolve their disputes
It is a peremptory norm of international law and all States have a legal interest to safeguard its application in any given dispute
It is an obligation which concerns solely international courts and tribunals
What is the difference between conciliation and mediation?
Conciliation is the continuation of mediation with the difference that conciliation produces a binding result, while mediation not
Conciliation is conducted exclusively by representatives of the UN Secretary-General, while mediation may also be conducted by third States' officials
Mediation is usually conducted by a person appointed with the consent of the parties, while conciliation involves a commission, which proceeds to an impartial examination of the dispute and proposes settlement terms
Conciliation is a method of dispute settlement pursued only by virtue of a treaty, while mediation may also be on an ad hoc basis
Was the use of armed force permitted prior to the United Nations Charter?
Armed force was prohibited
Armed force was permitted with no restrictions
Armed force was permitted subject to few restrictions
Armed force was not regulated under international law prior to 1945
What types of force does Article 2(4) of the UN Charter prohibit?
Article 2(4) encompasses only armed force
Article 2(4) encompasses all types of force, including sanctions
Article 2(4) encompasses all interference in the domestic affairs of States
Article 2(4) encompasses force directed only against a State's territorial integrity
Under what circumstances do human rights violations taking place outside the territory of ECHR member States fall within the remit of the ECtHR?
The ECHR applies outside Europe where human rights are violated by ECHR member States abroad
The ECHR applies extraterritorially in circumstances where a member State exercises effective control
The ECHR applies extraterritorially where a member State has contributed forces to a UN peacekeeping mission
The ECHR applies extraterritorially where human rights violations are taking place in former colonies of member States
When does international humanitarian law apply?
When a war takes place
When an armed attack takes place
When there is even a low intensity exchange of armed violence between two states; when there exists a military occupation or; following a declaration of war
When one state declares its applicability
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