Sources of International Law - Test 1

has been ratified by 140 countries, but people are being tried, convicted, and sentenced for genocide, whether their country ratified the anti-genocide treaty or not, because genocide is arguable a crime under international law, and that standard is binding on all states whether or not they are party to the treaty

The Convention on the Prevention and Punishment of the Crime of Genocide (1948)

Compared to the generally recognized preceding four sources of international law, the idea that laws can come from the ___ is much more controversial

UN

Examples of important international treaties include the __________ and the ____________ defining the laws of war

UN Charter 1949 Geneva Conventions

Treaties are often open for signature (and subsequent ratification) for a finite amount of time, after which becoming party to the treaty is known as _________

accession

Specialized agreements (e.g. fishery management agreements) are typically _______ to interpret and more _______ than broad treaties such as the UN Charter

easier enforceable

Some treaties have built-in _________ clauses that let states legally withdraw from them, after giving due notice, without violating international law

escape

A state's domestic laws cannot _________ it from compliance with international laws and often must be amended to comply with international agreements

exempt

States violate the terms of treaties they have signed only if the matter is very __________ or the _________ for such a violation seem very small

important penalties

This source of international law is considered subsidiary to the others

Legal Scholarship

consists of the written arguments of judges and lawyers around the world on the issues in question

Legal Scholarship

Decisions of international or domestic courts have __________ applicability for legal decisions in future cases

limited

Many __________ treaties are hammered out in common forums, such as special conferences or intergovernmental organizations (IGOs) like the UN or the Organization of American States

multilateral

With the increased amount of globalization, there is an ever-growing number of __________ treaties, which are subscribed to by a substantial number of states

multilateral

_______ treaties set out to create more general and wide-ranging legal obligations, and are often designed to set down in writing an emerging general principle of law

multilateral

Some treaties are also applicable to ________

nonsignatories (When a large number of states agree to a principle, it begins to take on system-wide legitimacy)

Although customary legal rules are considered binding on all states, an exception is made in the case of states whose governments have consistently ______ to the rule

objected

Agreements between states are binding according to the doctrine of

pacta sunt servanda (treaties are to be served/carried out)

A formal agreement signed by states that specifies their rights and obligations in some area of international interaction

treaties

the primary, or most important, source of international law

treaties

Also known as a charter, covenant, pact, or convention

treaty

Since it identifies for the parties what each has a legal right to expect from the others under various conditions, a ________ has the same function in international law as a contract has in domestic law

treaty

Some treaties become part of international law in a process quite similar to that of __________ legislation

domestic

3 Examples of areas of law that grew out of custom

(1) 3 mile international water rule (2) Maritime rules (3) Diplomatic practice

UN conventions become law in a three stage process • Delegates from a member state must ______ the treaty • The state's national legislature must then _____ it • _______ legislation must be enacted to bring the state into compliance

(1) sign (2) ratify (3) Domestic

__________ Law sources include... • constitutions • legislative bodies • statutorily authorized rule making by government agencies and officials • judicial decisions • custom

Domestic

has some judicial review authority over the 46 countries in Europe that adhere to Europe's Convention for the Protection of Human Rights and Fundamental Freedoms

European Court of Human Rights

can review decisions of the EU political and bureaucratic decisions makers for compliance with EU law and to a degree can also review decisions of EU member-states by the same standard

European Court of Justice (ECJ)

Actions such as theft and assault recognized in most national legal systems as crimes tend to have the same meaning in an international context

General Principles of law

found within many domestic legal systems

General Principles of law

legal obligations must ordinarily be reciprocal

General Principles of law

_________ law sources include... • treaties • international custom • general principles of law • judicial decisions and scholarly legal writing. • the resolutions and other pronouncements of the UN General Assembly

International

Example of International violation of General Principle of law

Iraqi invasion of Kuwait

States typically do not recognize _________ from prior legal rulings unless those rulings have been reinforced by treaty or widespread customary practice

Precedent

Traditionally, most treaties have included only a ______ number of states and have dealt with commercial, security, or cultural matters of direct concern only to those parties, but in recent decades, this pattern has shifted somewhat

Small

Their primary advantage is that they codify, or write down, the law

Treaties

5 sources of International Law

Treaties Custom General Principles Judicial Decisions (Scholarly writing) Resolutions

_______ and other international obligations such as ________ are binding on successor governments whether the new government takes power through an election, a coup, or a revolution

Treaties debts

Not all treaties are enacted through the UN, with many treaties only being __________ agreements, meaning they are only between two countries.

bilateral

All treaties are _______ on those countries that are party to them (have signed and ratified or otherwise given their legal consent)

binding

Because _________ helps remove any ambiguity regarding what is meant and what is not, there has been a steady effort since WWII to codify essential aspects of custom and general principles of law into formal agreements

codifying

International ______ is also found in domestic legal practices and standards that are common to most states (domestic court cases)

custom

Sometimes long-standing ________ is eventually codified in treaties (e.g. the Vienna Convention on Diplomatic Relations of 1961, which codified many existing rules of diplomatic standing and practice)

custom

refers to established and consistent practices of states in international relations

custom

rooted in the ancient Roman concept of jus gentium ("law of the tribes"), which was the set of common features Roman jurists identified among the subject peoples of their empire

custom

the oldest and second most important source of international law

custom

Treaty negotiations can strengthen _________ practices by creating new organizational venues to disseminate information and foster international cooperation

customary

The most prominent aspects of customary international law include ________ _________ and many provisions of _______ _______ law

diplomatic immunity human rights

UN members are bound by treaty to abide by some of the decisions of the General Assembly and the Security Council, thereby making these bodies ___________, and leading some scholars to contend that resolutions approved by overwhelming majorities of the General Assembly constitute international law because such votes reflect international custom and/or general principles of law

quasi legislative

If a state has signed but not yet ________ a treaty it is not obligated by its specific terms, but the signatory may not actively seek to undermine the treaty's general purpose

ratified

Diplomats and lawyers draft treaties very carefully, so that their states are obligated to do only very _________ things in well-defined circumstances

specific

this doctrine is specifically rejected in Article 59 of the Statute of the International Court of Justice

stare decisis (let the decision stand)

International law clearly, at least to date, is not ________, and the General Assembly cannot legislate international law the way that a national legislature does

statutory