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