International law - mentimeter quizzes
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46 Terms
SC recommendation & UNGA decision
What is required for a state to be admitted to the UN?
No vote but right to observe & speak
What does observer status in the UN entail?
It must apply for UN membership
What happens if a state secedes from another state?
Security Council
Which organ has primary responsibility for peace and security?
Non-binding recommendations
What is the role of the General Assembly in peace matters?
9 votes including all P5
How many votes are needed for the SC to act on non-procedural issues?
When it is party to a Chapter VI dispute
When must a P5 member abstain from voting?
No, it needs SC recommendation
Can the General Assembly expel a member state on its own?
Veto power
What distinguishes a permanent Security Council member?
Security Council
Which of the following organs may authorize the use of force under Chapter VII of the UN Charter?
Relations between states
What does international law traditionally regulate?
Consent-based system
What is a core feature of international law?
It lacks strong enforcement
Why do some jurists question IL's legal status?
No central law-making authority
What is one major weakness of IL?
International custom
What is a primary source of international law?
Belief that a practice is legally required
What does opinio juris mean?
Subsidiary sources of law
What role do judicial decisions play?
Can exercise rights and duties internationally
key characteristic of an international legal person
States
has original legal personality
Treaty signatories
Who confers international legal personality on IOs?
permanent population, defined territory, government
Montevideo Convention criterion
Area under stable control
Defined territory, definition in law
No, only stability matters
Does statehood require a democratic government?
proves state capacity
permanent population, government, defined territory, and capacity to enter into relations with other states.
Statehood exists if criteria are met
declaratory theory
Constitutive theory
asserts that a state becomes a subject of international law and gains legal personality through the act of recognition by other states.
effective government
Ability to govern territory
Foreign Occupation and statehood
Foreign occupation does not end statehood as long as the state's sovereignty is preserved, meaning it retains legal recognition and the capacity to function as a state under international law.
Voluntary merger into another state
leads to the extinction of statehood
individuals legal status
Subjects with rights and duties
IOs have implied powers
What is the International court of justice’s (ICJ) view on IO legal personality?
its personality limits to its objectives
What does objective legal personality mean for IOs?
What does the Estrada doctrine promote
No official recognition of governments
Vienna Convention on the Law of Treaties
primary legal source governing treaties
In good faith
A treaty must be performed by parties in what manner?
No, internal law is not a valid excuse
Can a state use its internal law to avoid a treaty?
As agreed or upon ratification
When does a treaty enter into force?
Coercion of a representative
What makes a treaty invalid due to duress?
reservation
Unilateral modification of a provision
Only with their consent
Can a treaty create obligations for third states?
In good faith and ordinary meaning
How should a treaty be interpreted?
Treaties must be observed
‘pacta sunt servanda’
Signature, ratification, or accession
Treaties must be observed
UN Charter takes priority
What happens if a treaty conflicts with UN Charter?
If the other party was notified in advance
When is a treaty invalid due to agent’s lack of power?
It must not contradict object and purpose
What is required for a valid reservation?