Law > EXAM > International Law Summary Full (All chapters) Q&A – April 2023 (All)

International Law Summary Full (All chapters) Q&A – April 2023

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Sources of international law - -treaties, customary law, general principles, [judicial decisions and teachings by the mot highly qualified scholars] -Henkin - -international law is identified where nations reflect it ...

Sources of international law - -treaties, customary law, general principles, [judicial decisions and teachings by the mot highly qualified scholars] -Henkin - -international law is identified where nations reflect it in their own policies and in their relations with other nations -Natural law - -5 principles: self-preservation, independence, respect, equality, intercourse -Positivism - -international law only exists where states consent to be bound -Lotus Case (France v. Turkey) - -Holding: Exercise of Turkish jurisdiction permissible where international law does not exist Dissent: Exercise of jurisdiction should only exist where there is a principle granting jurisdiction -Franck - -Four Elements of international law: Determinacy, Symbolic Validation, Coherence, Adherence -Koh (transnational legal process) - -states shape each other's behavior, interactions define international law -Requirements of a treaty - -written form, between states, governed by international law -Australia v. France - -unilateral declaration binding despite not being made in an agreement between states -Denmark v. Norway - -oral statement can be binding -Accession to a treaty - -when a state that was not part of the initial negotiation of a treaty joins the treaty -reservations - -when a state declares that it excludes or modifies the way a treaty is applied to it. reservations cannot defeat the object and purpose of a treaty, generally a treaty must state the object and purpose -declarations - -statement of how a state interprets a provision of a treaty -objection to a reservation - -if a state objects to a reservation, the provision does not apply to it. if a state claims that the reservation defeats the object and purpose, the entire treaty does not apply between the two parties -terminating a treaty - -material breach, impossibility, changed circumstances, new treaty, expiration -Hungary v. Slovakia - -impossibility of performance not established by economic loss, change of circumstances not established by switching from communism to capitalism or increased global environmental awareness

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