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POSI 4356
Texas State International Law Chapter 1
| Question | Answer |
|---|---|
| How can the structure of the international society be displayed? | International society consists of a constellation of sovereign States and other international organizations, which are dispersed in a rather horizontal order of authority |
| How can the structure of the international society be displayed? | International society consists of a constellation of sovereign States and other international organizations, which are dispersed in a rather horizontal order of authority Page reference: 4 |
| Is there any hierarchy or priority among States under international law? | No, all States are considered equal as sovereign States (the principle of sovereign equality, enshrined in article 2, para 1 UN Charter |
| Is there any hierarchy or priority among States under international law? | All States are considered equal as sovereign States (the principle of sovereign equality, enshrined in article 2, para 1 UN Charter) and are not subject to the power of any supranational authority without their consent. Page reference: 4 |
| What is the 'Lotus principle'? | restrictions upon the independence of States cannot therefore be presumed', or, as it has been construed, 'whatever is not prohibited is permitted in international law' |
| What is the 'Lotus principle'? | restrictions upon the independence of States cannot therefore be presumed '(PCIJ, Lotus case, 1927, p 18), or, as it has been construed, |
| What is the 'Lotus principle'? | 'whatever is not prohibited is permitted in international law'-has underpinned the international legal system for a long time. Page reference: 5 |
| What is the problem of 'fragmentation' of international law | It is possible for several legal regimes (ie foreign investment law and human rights law) to exist and develop in isolation of each other, ultimately culminating in the production of divergent rules of international law |
| What is the problem of 'fragmentation' of international law | Due to its horizontal structure: to exist and develop in isolation of each other, ultimately culminating in the production of divergent rules of international law. |
| What is the problem of 'fragmentation' of international law | Page reference: 6 it is possible for several legal regimes |
| What is the major difference between naturalism and positivism? | a) On the one hand, naturalism is based on a set of rules that are of universal and objective scope and on the other hand, positivism is based on a structured and coherent legal system that is created by States in light of their interests and desires |
| What is the major difference between naturalism and positivism? | On the one hand, naturalism is based on a set of rules that are of universal and objective scope and on the other hand, positivism is based on a structured and coherent legal system that is created by States in light of their interests and desires. |
| What is the major difference between naturalism and positivism? | In general, positivism rejects any extra-legal considerations, such as morality, politics etc. Page reference: 7 |
| What is jus cogens? | They are peremptory norms of international law, from which no derogations are allowed and which can never be altered even with the consent of the States |
| What is jus cogens? | They are peremptory norms of international law, from which no derogations are allowed and which can never be altered even with the consent of the States. Page reference: 10 |
| Which rule of jus cogens was the first to be accepted explicitly as such by the ICJ? | The prohibition of genocide |
| Which rule of jus cogens was the first to be accepted explicitly as such by the ICJ? | (Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo v Rwanda) (2006). Page reference: 11 |
| Are the peremptory norms of international law the only norms that set out obligations erga omnes? | No, even though all peremptory norms set out obligations erga omnes, the latter may also spring from treaties regulating objective regimes or unilateral acts |
| Are the peremptory norms of international law the only norms that set out obligations erga omnes? | the statement of the French President that France would not engage in any atmospheric nuclear tests conducted in the South Pacific region in the context of the Nuclear Tests cases (1974). Page reference: 11 |
| Are there any limits to the application of article 103 of the UN Charter? | Yes, article 103 of the UN Charter cannot trump jus cogens norms |
| Are there any limits to the application of article 103 of the UN Charter? | As it has been held by the European Court of Justice, article 103 of the UN Charter cannot trump jus cogens norms (see ECJ, Yassin Abdullah Kadi and Al Barakaat International Foundation v Council and Commission 2008). Page reference: 139 |
Created by:
superd1987