INTERNATIONAL LAW
The distinction between jus soli and jus sanguinis is:
the former refers to nationality based on birth, while the latter refers to nationality based on one's parents nationality
The original purpose of the European Union was:
to create a single economic market for the free flow of goods, services, and capital.
The UNSC Resolution ___ established a regime designed to target people and organizations associated with Al Qaeda
1267
In which year did the ASEAN states create a formal legal personality for the association?
2007
1978 Vienna Convention on Succession of States in Respect to Treaties states that:
A state emerging from the break-up of an existing state is bound to the predecessor's treaties.
Territoriality principle
A state has the absolute (but not exclusive) power to regulate conduct that occurs within its own borders
Universality principle
A state may exercise jurisdiction over conduct outside its territory as a means of protecting the global community as a whole
Protective principle
A state may exercise jurisdiction over conduct outside its territory that threatens its security
Nationality principle
A state may exercise jurisdiction over its nationals and over their conduct even when they are physically outside of the state's territory
Passive personality principle
A state may, in limited circumstances, attempt to exercise jurisdiction over acts committed abroad when they injure a national of the state
The Declaration on the Guidelines on the Recognition of New States In Eastern Europe and the Soviet Union (1992) sets for all of the following conditions for a new state to meet EXCEPT:
Accept relevant trade agreements
In which example were wrongful acts of the IO found to be the responsibility of its member states?
Al-Jeddah vs. United Kingdom
The Vienna Convention on Diplomatic Relations (2011)
Codified that the receiving state has an affirmative duty to protect each diplomat, and each diplomat is immune from criminal laws as well as most civil and administrative laws
The ICJ case, US Diplomatic and Consular staff in Tehran
Confirmed that the seizing of embassies and detaining of diplomats as hostages is in violation of states obligations under international law
Treaties establishing IOs are typically:
Constitutions and Charters
An example Murphy uses to explain general principles of international law is:
Corfu Channel
The horizontal structure of international law is
Decentralized as it focuses on fully sovereign states
US' Foreign Sovereign Immunities Act of 1976
Determined both foreign state immunities under US law as well as exceptions under which these state may not be granted immunity
The African Union is loosely structured based on which other IO?
EU
Additional steps must be taken to ratify a treaty after it is signed.
False
In recent years, the UNSC has begun using its legislative authority in a manner that is more targeted in imposing obligations on a group of specific states
False
In the Reparations for Injuries advisory opinion of the ICJ, the court found that Israel could bring charges against the United Nations.
False
National economic sanction programs are implemented through multilateral sanction programs
False
The Treaty on Treaties is formally called the Rome Convention on the Laws of Treaties
False
The criteria for determining the general principles of international law are articulated in the Vienna Convention
False
The international community's rally behind ousted Prime Minister of Pakistan, Nawaz Sharif is an example of government recognition that reflects contemporary attitudes in favor of democracy and Human rights.
False
Thomas Hobbes is regarded as the "father of international law."
False
According to Roth, Pinochet was granted immunity from prosecution in Chile because he gave detailed testimony about his crimes
False, head-of-state immunity
International natural law presupposes that
International law consists in part of fundamental principles of right and wrong
In what way(s) is international different from national law?
International law is largely decentralized
The US Supreme Court case, Schooner Exchange vs. McFadden
Invoked the doctrine of absolute immunity, which it argued had been present in customary law for centuries prior
International law is principally concerned with:
Legal norms that operate among nations (or "states")
The distinction between the two types of NGOs is:
One type of NGO is founded exclusively in national law only, while the other type has affiliated offices with legal status in other nations.
The five general principles of permissible bases of jurisdiction
Passive Personality Principle Universality Principle Territoriality Principle Nationality Principle Protective Principle
Which of the following is NOT a treaty on which the EU is founded?
Rome (1960)
Subsidiary sources of international law include:
Scholarly writings
Opinion juris means
States believe they should act because they are compelled or permitted under international law
The Montevideo Convention (1933) sets for all of the following conditions for a new state to meet EXCEPT:
States must have a permanent capitol.
Act of State Doctrine
Suggests that US and other states' judicial bodies generally decline to sit in judgment of other states
An example of a political pact used by Murphy is
The Final Act of the 1975 Helsinki Conference on Security and Cooperation in Europe
An agreement that includes a non-compliance procedure is
The Montreal Protocol
The 1930 Estrada Doctrine posits that:
The manner by which a new government comes to power is wholly a matter of national concern.
What do Kosovo, Palestine, and Taiwan have in common?
These are considered to be quasi-states.
The main point of Kissinger's "The Pitfalls of Universal Jurisdiction is
Though human rights violations should be responded to, neither the ICC nor third-party national courts have the institutionalized procedures necessary to do so effectively
A publication by the United Nations' international Law Commission is an example of a subsidiary source of international law
True
Coercion is a blunt instrument as it is often difficult to target the coercion on the persons responsible for noncompliance
True
Conduct will be attributed to an IO when it is committed by one of the organization's organs, officials, or persons acting ultra virus if the act is close to the official work of the organization.
True
Customary law focuses on both action and inaction taken by states
True
Groups of persons may have certain rights or obligations under international law.
True
If states allow reservations to be included in a treaty, then the treaty will able tend to be more substantive.
True
In the aftermath of WWII, international law truly flourished.
True
Including an opt-out clause may increase the number of parties to an agreement
True
Jus cogens is a norm so widely accepted by the international community that it can only be replaced by one of equal character
True
Resolutions created by international organizations are considered to be sources of international law
True
Soft law may allow for greater flexibility than other sources of international law
True
States can implicitly or explicitly recognize another new state or government.
True
Supranational is a term used to describe international organizations that have extensive powers to bind their members.
True
The UNSC authorized the US' air and ground campaign to expel Iraq from Kuwait
True
The decisions of the UNSC are binding on all UN member-states
True
The jurisdiction of the Yugoslav tribunal was set by the UNSC
True
Which of the organs of the UN has suspended its operations?
Trusteeship Council
Compliance pull is
When the legitimacy of an international agreement encourages states compliance
The criteria by which states will recognize a new government that came to power through unconstitutional processes includes all of the following EXCEPT
Whether the nature of the transition from an old government to a new one was a peaceful one.
The commonly-accepted requirements for customary law are:
a. A relatively uniform and consistent state practice regarding a particular matter b. A belief among states that a relatively uniform and consistent state practice is legally compelled
The ICAO has established substantive rights and obligations including
a. A state's exclusive sovereignty over the airspace above its territory b. Rules that regulate the safety of international air navigation c. Rules that regulate the facilitation of air transport
What coercive actions did the UNSC take against the Taliban in 1999 & 2000?
a. Adopted a resolution stating that the Taliban should transfer Osama bin Laden (either directly or indirectly) to a country where he has been indicted b. Adopted a resolution stating tightened financial, diplomatic, and travel sanctions on Taliban leaders c. Adopted a resolution stating that no Taliban aircraft should be able to take off or land in another member-states' territory
In which ways does Murphy suggest that the UNSC may legislate?
a. Adopting a measure that binds states b. Creating new sub-organs such as criminal tribunals
Which of these are means by which the US brings civil cases against alleged torturers?
a. Alien Tort Statute b. Federal Tort Claims Act c. Torture Victim Protection Act
Which of these are examples of FTOs mentioned by Murphy?
a. Basque Fatherland and Liberty b. Hamas
Which of these are reasons why states comply with international law?
a. Because they have consented to it b. Because they are concerned about reputational consequences
The vertical structure of international law is
a. Complex as it can focus on how national laws relate to international law b. Centralized as it can focus on how supranational organization(s) are capable of creating international laws c. Decentralized as it focuses on fully sovereign states
The vertical/horizontal structure of international law is
a. Decentralized as it focuses on fully sovereign states b. Focuses on the presence and importance of legal and natural persons operating across borders c. Centralized as it can focus on how supranational organization(s) are capable of creating international laws d. Complex as it can focus on how national laws relate to international law
Tools for coercing state compliance include
a. Economic sanctions b. Military enforcement c. Diplomatic sanctions
International legal positivism presupposes that
a. International law consists in part of fundamental principles of right and wrong b. A state must affirmatively consent to a legal norm to be bound by it
The "international legal process" approach to international legal realism presupposes that
a. International law consists in part of fundamental principles of right and wrong b. There is a processes by which decision-makers use their own preferences in the development and application of international law
Criticisms of customary law include which of the following?
a. It is difficult to analyze the practice of 193 states b. It is imprecise c. Relying on analyzing only a handful of states would create bias
In which ways have MNCs been directly involved in public international law?
a. MNCs engage in international agreements such as tripartite negotiations among government, business, and labor. b. MNCs develop or avail themselves of international norms in their relations with states in which they do business.
Soft international laws are
a. Non-legally binding norms b. Often politically-binding
Which of the following can be general principles of international law?
a. Pacta sunt servanda b. Principles within national law c. Notions of justice or fairness
Soft law may be
a. Political pacts issued by states b. Treaty provisions that only call for general cooperation among states c. Codes of behavior that states or non-state actors operating internationally are invited to adopt
Techniques states uses for identifying non-compliance include
a. Reporting by the member states on their activities in regard to their obligations under the agreement b. Establishing monitoring bodies to review reports by member states on their activities in regards to their obligations under the agreement c. Engaging in independent verification to ensure that activities are in keeping with their obligations under the agreement
What counterpoint(s) did Roth use in response to Kissinger's claim that universal jurisdiction was never intended to be used by national courts
a. Roth argues that the exercise of universal jurisdiction is an accepted practice by the US and has been reflected in several treaties from the 1980s b. Roth argues that the exercise of universal jurisdiction by national courts was explicitly intended by creators of treaties such as the Torture Convention of 1984
Treaties establishing IOs usually:
a. Specify where the organization will be located. b. Specify which kinds of states may join c. Specify how states may participate once they become members d. Set forth the purposes of the IO.
Which of these are organs of the United Nations?
a. The International Court of Justice (ICJ) b. The General Assembly c. The U.N. Security Council (UNSC)
According to Kissinger, which two approaches to universal jurisdiction have emerged recently?
a. The application of international judicial standards within a judicial international organization b. The application of international judicial standards within domestic criminal justice procedures
If there is no explicit mention of how to handle reservations in a treaty and one state objects to a reservation made by another state, to which course(s) of action might the objecting state agree? Whether the treaty will apply except that provision Or, whether the treaty does not apply to it and the reserving state
a. The objecting state can agree to have the entire treaty except the provision under reservation apply to all states. b. The objecting state can agree to have the entire treaty apply to all states except the state with the reservation
Codes of conduct for MNCs set forth by the UN include
a. The rights of workers (e.g. against forced or child labor) b. The right to physical security c. The right to equal opportunity and non-discriminatory treatment
The new stream approach to international law presupposes that:
a. There are hidden ideologies, attitudes, and structures within international law that create contradictions and antinomies b. A state must affirmatively consent to a legal norm to be bound by it. c. International law consists in part of fundamental principles of right and wrong.
The "policy-oriented jurisprudence" approach to international legal realism presupposes that
a. There is a processes by which decision-makers use their own preferences in the development and application of international law. b. International law consists in part of fundamental principles of right and wrong. c. There is a processes by which decision-makers use their own preferences in the development and application of international law. Furthermore, this process is acceptable so long as these preferences promote desirable economic and social objectives.
What do Kosovo, Serbia, and Croatia have in common?
a. These states were formed when an existing state fragmented into separate states. b. These are considered to be quasi-states.
Based on the Permanent Court of International Justice (the predecessor to the International Court of Justice), the sources of international law identified in 1920 were:
a. Treaties b. general principles c. the teachings of international law scholars d. judicial decisions e. international custom
The Security Council includes which permanent members?
a. United Kingdom b. China c. France
Under which circumstances is military force permitted?
a. When authorized by the UNSC b. When a state is acting in self defense
According to scholars, when does an IO have the power to conclude international agreements, to bring claims on behalf of the organization, or to be sued?
a. When member states have expressly provided for such powers b. These powers can be implied from the overall purpose of the organization.
A treaty normally:
a. specifies about membership b. sets forth the purposes of the organization c. notes how disputes might be resolved d. highlights the structure of the organization
The Constitution states that the power to recognize foreign governments belongs to:
the President
