Exercises in International law
What is NOT true about NGOs?
Private actors can establish them
They are governed by national law
They must be established by a treaty
They do not possess international legal personality
General practice can only be acts carried out by a state in the exercise of its functions, inaction may never be classified as such
True
False
Every state is bound by customary international law, regardless of its will
Only members of the Security Council are always bound by CIL
If a state persistently objects during a rule's formation, it may not be bound by CIL
All states are bound by CIL if it falls under ius cogens
States need to agree in order to be bound by CIL
The VCLT...
Only applies to written agreements
Applies to treaties between states and non-state actors
Can nowadays be seen as CIL and applied to treaties earlier than its ratification
Has been ratified by every UN member state
If a state uses force against part of its own population, this may be a violation of international law, but it is not a violation of Article 2(4) of the UN Charter
True
False
Not sure
Which of the following are circumstances precluding wrongfulness according to ARSIWA?
Force Majeure
Breach of an obligation
Counter-Measures
Consent
What are the 3 main categories of legal status a detainee/POW can have in international humanitarian law?
Combatants
Detained in non-international armed conflict
Civilians
Deprived of their liberty in international armed conflict
Persons
Detained in international armed conflict
What are the principles of international humanitarian law?
Principle of fairness
Principle of distinction
Principle of precautions
Principle of proportionality
Which is NOT a core principle of international humanitarian law?
Principle of distinction
Principle of proportionality
Prohibition of detaining combatants
Prohibition of unnecessary suffering
Which of the following as the first collective security system before the Security Council?
Covenant of the League of Nations
General Assembly
International Committee of the Red Cross
Organization for the Cooperation and Security of Europe
Which is the most important source of international law?
General principles
Treaties
Customary International Law
Judicial decisions
What are the stages of treaty making?
4
Adoption of a text
5
Consent to be bound (signature, ratification, accession, exchange of instruments)
7
Authentication of text
1
Registration with the UN
6
Entry into force
3
Deposit
2
Negotiations
Name the 3 most important treaties for Austria
State Treaty
Human Rights Treaties
Paris Accords
Genocide Convention
Not sure
True or false: Article 38 of the ICJ provides the classic catalog of sources
True
False
True, but it is incomplete
What are the two constitutive elements for the emergence of customary international law?
General Practice
At least 10 years of existence
Opinio juris
True or false? General principles mainly play a gap-filling role where treaty and custom are silent/unspecific
True
False
Why are general principles of law considered subsidiary to treaty and customary law, even though formally they are of equal rank?
Treaties and custom are more specific in line with lex specialis
Treaties and Custom have been around longer in line with lex posterior
General principles are too specific to their domestic legal systems
What is the basis for the legal effects of unilateral legal acts?
Reciprocity
Principles of good faith
Judicial decisions and scholarly writings are binding sources of law
True
False
Which are the primary and original subjects of international law?
Individuals
Peoples
International Organizations
States
NGOs are established under national law
True
False
Mediation is legally binding on the parties
True
False
Mark the right statements about the UN
Within the Security Council, 9 of the 15 members have to vote in favor for an action to pass
Within the General Assembly, votes are weighted according to monetary contribution
The Security Council is mainly responsible for threats to peace, breack of peace, and acts of aggression
The chief administrator of the secretariat is appointed by ECOSOC
What are explicit and implied powers of an International Organization?
Implied
Those necessary to perform their functions effectively
Explicit
Powers conferred in founding treaties.
IOs enjoy far-reaching privileges and immunities. These are often found in which of the following?
The constituent instrument of the IO
A multilateral agreement on privileges and immunities
The headquarters agreement with the host state
Contracts with local suppliers
A party to an international armed conflict must not locate military objectives in densely populated areas. This is a result of the principle of:
Distinction
Proportionality
Precautions
Prohibition of unnecessary suffering
Not sure
A state concludes an international agreement contrary to its domestic law. Which of the following statements are true?
The state has to amend, replace, or repeal the domestic provision
The state has to withdraw from the agreement
The state can invoke its national law to change the treaty
The state does not become a member of the treaty because its internal legal order did not allow for its conclusion
Which of the following are not criteria for statehood under the Montevideo Convention
Permanent population
People with the right to self-determination
Government controlling the whole territory
Capacity to enter into international relations
Which factors determine the extent of UN powers?
Conferred powers in the Charter
Binding majority decisions in the Security Council
Implied powers from founding documents
National provisions implementing the UN Charter
Which of the following is not a criterion of statehood according to the Montevideo Convention?
Permanent population
Defined territory
At least 10,000 residents
Effective government
Which of these are generally true about the immunities of IOs?
They do not have immunity with regard to private acts
They enjoy functional immunity
Because the UN enjoys immunity, it cannot be neither be brought before national courts, nor before administrative tribunals within the UN itself
Not sure
What constitutive elements are required for the emergence of CIL according to the prevailing view?
A written expression of consent by all Member States of the UN
State practice referring to the conduct of subjects of IL (in the form of action or ommission)
A sense of legal obligation (opinio iuris)
A specific duration of time (no instantaneous custom)
What are the primary subjects in international law?
IOs
Individuals
States
NGOs
The sources of international law are listed in Art 36 of the VCLT
True
False
A practice must be in place for at least 50 years for it to be considered CIL
True
False
How can membership in an organization be brought to an end?
Termination
Expulsion
Withdrawal
Cancellation
Not sure
Which of these criteria are generally accepted as the criteria for statehood?
Minimum territory size
Democratic government
Permanent population
Military force
Individuals cannot bring claims before the ICJ
True
False
The ICC is part of the UN's jurisdiction
True
False
Which methods of dispute settlement are considered judicial methods?
Mediation
Arbitration
Conciliation
Adjudication
In a case of committing an international wrongful act, what are the forms of reparations?
Restitution
Settlement
Satisfaction
Compensation
What are the necessary elements of force majeure?
Unforeseen event
Beyond state's control
Inconvenience
Impossible to act without damaging the economic interests of the citizens
What are the conditions for lawful self-defense?
Prior armed attack
Necessary and proportionate reaction
Injustice
Reported to the General Assembly
Which principles are connected to the extra-territorial use of national jurisdiction?
Territory
Nationality
Protective
Universality
All of the above
Territory and nationality
The "Hague Law" is a term used for governing the conduct of hostilities, namely the means and methods of warfare in international humanitarian law.
True
False
To which groups of people did the first Geneva Convention originally limit their protection to?
Wounded
Imprisoned members of armed forces
Civilians
Shipwrecked
What are the diplomatic methods of international dispute settlement?
Negotiation
Mediation
Conciliation
Inquiry
Arbitration
Adjudication
What are the advantages of arbitration as a method of dispute settlement?
Parties decide about the level of confidentiality
Decisions are legally binding
No application of law
Cheaper than court proceedings
What are the main goals of the UN?
Maintain international peace and security
Reaffirming faith in fundamental human rights
Promoting social progress
Improving economic relations
Develop new human rights
End competition between the U.S. and Russia
Not sure
The UN does not possess legal personality
True
False
Why are the prohibitions on the threat of the use of force binding for parties outside the UN?
The prohibitions are part of CIL and therefore binding
There are no prohibitions
These prohibitions are seen as jus cogens
These prohibitions are seen as jus distributive
Match the forms of self-determination
External
The right to establish an independent state
Internal
People are entitled to freely determine their political status and freely pursue their economic, social, and cultural development within an existing state
Which dispute settlement method is not a political/diplomatic one?
Inquiry
Arbitration
Conciliation
Mediation
The League of Nations issued a continuous commitment to world peace by establishing the Covenant of the League of Nations. This multilateral treaty entailed a comprehensive prohibition on the use of force, which, if deemed necessary, was to be enforced by military means
True
False
What needs to be considered when interpreting a treaty in the textual context?
The preamble and annexes of the treaty text
Subsequent agreements between the contracting parties
The object and purpose of the treaty
Subsequent treaty practice and other relevant rules of international law
How is mediation distinct from good offices?
Mediation involves active participation of a 3rd party in initiating or continuing negotiations
In good offices a 3rd party does not have decisive authority along the way
In good offices parties do not enjoy high control over the outcome of negotiations
Only mediation is fitting for highly sensitive disputes
Which of the following are the main bodies of the UN?
Security Council
Administrative Tribunal
World Bank
General Assembly
What does NOT belong to the accepted decision-making practices of international organizations?
Unanimity of members
Majority vote
Consensus
Decision by state with veto power
Not sure
Which of the following statements is true about unilateral declarations?
They always exist independently of another source of international law
The term refers to an exclusively political commitment by a state
They played a central role in the ICJ Nuclear Tests Case between New Zealand and France
Under what conditions is the right to self-defense, as stated in Article 51 of the UN Charter, permitted?
When there is a perceived threat to national security
When am armed attack has occurred or is imminent, and there is a clear necessity and proportionality in the defense, additionally, when the armed attack originated from a non-state actor
Without any specific conditions, as long as the state feels endangered
Only when the imminent threat is confirmed by an international body, regardless of the nature of the threat or the presence of an armed attack
The UN is derived from the International Labor Organization
True
False
What characteristics must state practice have in order to create customary law?
Uniformity and consistency without significant variations in state practice
Written form
Universality ensuring a globally binding effect for subjects of international law
Which of the following sources of international law are NOT included in Article 38 of the ICJ?
Unilateral acts
Customary international law
Decisions of IOs
Treaties
How many permanent members does the Security Council have?
3
4
5
What are the two methods by which domestic law grants nationality?
Jus sanguinis (through bloodline)
Jus cogens (through customary law)
Jus soli (through birth on state territory)
How can the right to self-defense by exercized?
Individually by the Member State or collectively by a 3rd party upon the request of the victim state
Individually
Collectively by the Member States
Not at all
The only subjects of international law with full legal capacity are states
True
False
Protections of victims of international armed conflicts during alien occupation, colonialism, and racist regimes is regulated in:
AP1
AP2
The Geneva Conventions
Which of the following aspects is NOT covered by the Hague Convention?
Methods of warfare
Means of warfare
Protection of wounded
Which of the following statements is true
Unanimous decisions are usually faster decided than majority votes
Unanimous means voting without knowing who voted for or against something
Decision-making by consensus is more informal and doesn't include proper voting
Majority voting was the initial concept of IOs
Not sure
Which International Organization "declared" that is is possible (if not necessary) that some international organizations may enjoy international legal status (not just states)?
The League of Nations
The Telegraph Union
The UN
NATO
Is the UN an international legal person?
No, because the founding members did not want to create a superstate
No, because it is not mentioned in the Charter
Yes, because it is explicitly mentioned in the Charter
Yes, because it is implied by the functions and goals mentioned in the Charter
Territorial sovereignty can be exercised jointly through condominium
True
False
What are the methods for consenting to arbitration and adjudication?
Special agreement or compromise
Treaty with a compromissory clause
Optional clause declarations
Forum prorogatum
How does opinio juris differentiate general practice?
It shows that a practice is done repeatedly
It shows that a practice is done out of political obligation
It shows that a practice is done out of legal obligation
What is meant by general practice?
Sufficiently widespread
Not necessarily universal
Demonstrates consistency and uniformity
Needs a certain duration (cannot be instantaneous)
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