International Law Comprehensive Lecture Review

Comprehensive practice question-and-answer flashcards covering core subjects in Public International Law, including sources, treaties, statehood, jurisdiction, immunities, human rights, use of force, environmental law, trade, and investment law.

What was the main legal finding of the Permanent Court of International Justice in the S.S. Lotus case (1927) regarding state jurisdiction on the high seas?

The Court held that Turkey did not violate international law because, while vessels on the high seas are generally subject only to their flag state, a state may exercise jurisdiction within its own territory over acts that occurred abroad on a foreign vessel unless a prohibitive rule of international law forbids it.

What is the 'Lotus principle' derived from the 1927 PCIJ S.S. Lotus judgment?

The principle that restrictions upon the independence of states cannot be presumed, meaning that whatever is not explicitly prohibited by international law is permitted.

According to the Restatement (Third) Foreign Relations Law § 401, what are the three categories of state jurisdiction?

(1) Jurisdiction to prescribe, (2) jurisdiction to adjudicate, and (3) jurisdiction to enforce.

What is the core distinction between prescriptive jurisdiction and enforcement jurisdiction under international law?

Prescriptive jurisdiction allows a state to make its laws applicable to conduct, persons, or property outside its territory, whereas enforcement jurisdiction can generally only be executed on national soil or with another state's cooperation (e.g., extradition).

What are the four primary choices a state has when notified of a reservation made by another state to a treaty under the Vienna Convention on the Law of Treaties (VCLT)?

(1) To remain silent, (2) to accept the reservation, (3) to object to the reservation while accepting that the treaty enters into force between itself and the reserving state, or (4) to object to the reservation and oppose the entry into force of the treaty between itself and the reserving state.

How does Article 31 of the Vienna Convention on the Law of Treaties (VCLT) define the general rule of treaty interpretation?

Article 31 requires a treaty to be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose, treated as a single combined operation.

Under Article 32 of the Vienna Convention on the Law of Treaties (VCLT), when may recourse be had to supplementary means of interpretation, such as preparatory work?

To confirm the meaning resulting from the application of Article 31, or to determine the meaning when the interpretation according to Article 31 leaves the meaning ambiguous or obscure, or leads to a result that is manifestly absurd or unreasonable.

What was the outcome of the ICJ judgment in the Gabčíkovo-Nagymaros Project case (Hungary v. Slovakia, 1997) regarding Hungary's attempt to terminate the 1977 treaty?

The ICJ rejected all five grounds presented by Hungary—including state of necessity, impossibility of performance, fundamental change of circumstances, material breach by Czechoslovakia, and new environmental norms—holding that the 1977 treaty remained in force.

What are the legal conditions required for a countermeasure to be considered lawful under international law as outlined in the Gabčíkovo-Nagymaros case?

A countermeasure must be taken in response to a previous internationally wrongful act, directed against the violating state after calling upon it to discontinue, proportionate to the injury suffered, and provisional in nature.

What are the four formal sources of international law listed in Article 38(1) of the Statute of the International Court of Justice?

(a) International conventions/treaties, (b) international custom as evidence of a general practice accepted as law, (c) general principles of law recognized by civilized nations, and (d) judicial decisions and teachings of highly qualified publicists as a subsidiary means.

What two essential elements must be proven to establish the existence of a rule of customary international law?

An objective element—extensive, widespread, and consistent State practice—and a subjective element—opinio juris (the belief that such practice is rendered obligatory by a rule of law).

What is the persistent objector doctrine in customary international law?

The doctrine that if a state clearly, persistently, and openly objects to a customary norm during its process of formation, that customary norm is not applicable to that state for as long as it maintains its objection.

What is the difference between monism and dualism regarding the relationship between international law and domestic law?

Monism views international law and national law as part of a single legal system, automatically integrating international law; dualism treats international law and domestic law as two separate legal systems, requiring a domestic act of incorporation for international law to take effect internally.

How does Article 10(1) of the 1948 Constitution of Italy incorporate international law into the domestic legal system?

Article 10(1) provides that the Italian legal system automatically conforms to the generally recognized rules of international law (customary international law), making them directly applicable without an incorporating act.

What is the rank of international treaties within the Italian domestic legal order according to Article 117(1) of the Italian Constitution?

Treaties have a rank higher than ordinary domestic legislation but lower than the fundamental principles of the Italian Constitution; if an ordinary law conflicts with a treaty, it must be referred to the Constitutional Court.

In the Pinochet Case before the UK House of Lords, why was Senator Pinochet denied immunity ratione materiae for alleged acts of torture?

Because the 1984 Torture Convention (incorporated into UK law in 1988) defines torture as an official crime; recognizing official immunity for torture would produce the absurd result of granting immunity to the exact officials the convention was created to prosecute.

What was the ruling of the ICJ in Jurisdictional Immunities of the State (Germany v. Italy, 2012) regarding the relationship between State immunity and jus cogens violations?

The ICJ held that State immunity is procedural in character and does not conflict with substantive jus cogens norms prohibiting war crimes; therefore, Italian courts violated Germany's immunity by allowing civil claims against it for Third Reich atrocities.

How did the Italian Constitutional Court respond to the ICJ's 2012 Germany v. Italy judgment in its Judgment 238/2014?

The Italian Constitutional Court held that granting Germany immunity for grave violations of human rights violated the fundamental right of access to justice under Article 24 of the Italian Constitution, preventing the customary rule from entering Italian law.

Under the Vienna Convention on Diplomatic Relations (1961), as analyzed in Benkharbouche v. Embassy of Sudan, which category of diplomatic mission staff performs functions that are inherently acts jure gestionis?

Staff in the domestic service of the mission, whose employment is of a private law character and not inherently governmental.

What four criteria for statehood are set out in Article 1 of the 1933 Montevideo Convention on Rights and Duties of States?

(a) A permanent population, (b) a defined territory, (c) government, and (d) capacity to enter into relations with other states.

What is the principle of uti possidetis in international law?

The principle that newly independent states inherit the colonial administrative boundaries that existed at the time of independence, preserving existing borders to maintain peace and stability.

In European Court of Human Rights jurisprudence (Al-Skeini v. UK), what are the two main recognized models of extraterritorial jurisdiction under Article 1 of the ECHR?

The spatial model (where a state exercises effective control over an area outside its territory) and the personal model (where state agents exercise authority and control over an individual abroad).

Why did the European Court of Human Rights find Italy in breach of Article 3 of the ECHR in Hirsi Jamaa and others v. Italy (2012)?

Because Italian military vessels intercepted migrants on the high seas and transferred them directly back to Tripoli, exposing them to a real risk of torture or inhuman treatment in Libya without assessing their individual protection needs.

How does Article 2(4) of the UN Charter define the general prohibition on the use of force?

All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

What are the conditions required for lawful self-defence under Article 51 of the UN Charter as interpreted in the Nicaragua case?

Self-defence requires that an armed attack has occurred, and the response must satisfy the customary principles of necessity and proportionality. For collective self-defence, the victim state must declare it was attacked and explicitly request assistance.

What legal doctrine was invoked by the US, UK, and Australia to justify Operation Iraqi Freedom in 2003 without an explicit new Security Council resolution?

The 'revival theory', which argued that Iraq's material breaches of ceasefire conditions in Resolution 687 (1991), declared in Resolution 1441 (2002), revived the original authorization to use force in Resolution 678 (1990).

What three core principles of international environmental law established in the 1992 Rio Declaration are recognized as customary international law?

(1) The prevention principle (Principle 2), (2) the requirement to conduct an environmental impact assessment (Principle 17), and (3) the duty to cooperate through notification and consultation (Principles 18 and 19).

In its 2024 Advisory Opinion on Climate Change, what did the International Tribunal for the Law of the Sea (ITLOS) determine regarding anthropogenic greenhouse gas (GHG) emissions under UNCLOS?

ITLOS determined that anthropogenic GHG emissions constitute 'pollution of the marine environment' under Article 1(1)(4) of UNCLOS as they introduce energy and substances into the sea resulting in deleterious effects.

What standard of performance does Article 194(1) of UNCLOS impose on states regarding marine pollution from GHG emissions according to ITLOS?

It imposes a stringent obligation of conduct requiring due diligence, where states must exercise high vigilance and take all necessary measures in accordance with their capabilities and resources, rather than an obligation of result.

What are the two core non-discrimination rules under the General Agreement on Tariffs and Trade (GATT) in the WTO system?

The Most-Favoured-Nation (MFN) clause (Article I), requiring equal treatment of like products from all trading partners, and the National Treatment clause (Article III), prohibiting discrimination between imported and like domestic products once they enter the market.

What classic distinction was drawn in Mavrommatis Palestine Concessions (1924) regarding diplomatic protection?

That by taking up the claim of one of its subjects, a state is in reality asserting its own right to ensure respect for the rules of international law in the person of its subjects.

What is the significance of the principle of non-intervention in international law?

It prohibits foreign intervention in the internal affairs of sovereign states, reinforcing state sovereignty.

How does international humanitarian law (IHL) relate to armed conflict?

IHL governs the conduct of armed conflicts and seeks to limit their effects, protecting persons who are not participating in hostilities.

What does the term 'jus ad bellum' refer to in international law?

It refers to the set of criteria that must be met for a state to legally justify the use of force in war.

What is 'jus in bello' in the context of international armed conflicts?

It refers to the legal norms that regulate the conduct of hostilities during armed conflict, focusing on the protection of non-combatants.

What is the role of the International Criminal Court (ICC)?

The ICC prosecutes individuals for crimes such as genocide, war crimes, and crimes against humanity, aiming to hold perpetrators accountable.

What is the purpose of the United Nations Security Council (UNSC) under the UN Charter?

The UNSC is responsible for maintaining international peace and security, with the authority to impose sanctions or authorize the use of force.

What defines the principle of 'pacta sunt servanda' in international law?

It is the principle that agreements must be kept, meaning states are obligated to adhere to treaties they have ratified.

What is the doctrine of 'responsibility to protect' (R2P)?

It is a global political commitment to prevent genocide, war crimes, ethnic cleansing, and crimes against humanity, endorsing intervention when a state fails to protect its own citizens.