IL1: International Law

What Roman legal term, meaning 'law of nations,' was applied to disputes involving foreigners and rested on universal rationality?

Jus gentium

In which 1789 work did Jeremy Bentham first coin the term 'international law'?

An Introduction to the Principles of Morals and Legislation

According to Oppenheim's classical definition, international law is a body of rules considered legally binding by _____ States.

Civilised

Which modern jurist's definition of international law explicitly includes the functioning of international organizations and the concern for individuals?

J. G. Starke

How does Public International Law differ from Private International Law regarding its subjects?

Public IL concerns states and international persons, while Private IL concerns individuals and corporations.

Which ancient Indian text, authored by Kautilya, contains elaborate rules on diplomacy, treaty-making, and the classification of treaties?

Arthashastra

The concept of 'dharma-yuddha' in ancient Hindu texts refers to what modern international law doctrine?

Just war (jus ad bellum)

What was the significance of the 'jus fetiale' in Ancient Rome?

It regulated the formalities of declaring war and concluding peace through a priestly college.

Which 1648 event is considered the inaugural moment of the modern sovereign state system?

The Peace of Westphalia

Name the three constitutive principles established by the Peace of Westphalia.

Sovereign equality, territorial integrity, and non-intervention in internal affairs.

Who is universally regarded as the 'Father of International Law'?

Hugo Grotius

In his 1609 work 'Mare Liberum,' Hugo Grotius argued for which foundational maritime principle?

Freedom of the seas

How did Hugo Grotius 'secularize' international law?

He grounded it in human reason and natural law rather than divine will or theology.

What Grotian principle states that 'agreements must be kept'?

Pacta sunt servanda

The 1815 Congress of Vienna is historically significant for establishing the modern system of _____ ranks.

Diplomatic

What was the first general-purpose international organization, established in 1919?

The League of Nations

Which 1928 pact attempted to renounce war as an instrument of national policy?

Kellogg-Briand Pact

International law is characterized as 'horizontal' because it regulates relations between _____ states without a supreme central authority.

Juridically equal

What did Hersch Lauterpacht mean by calling international law a 'law of coordination'?

It coordinates conduct between equals rather than subordinating them to a higher power.

According to the Naturalist Theory, international law is derived from universal moral principles discoverable by _____.

Human reason

The Positivist Theory holds that international law is grounded in the express or tacit _____ of states.

Consent

What is the primary 'new state problem' faced by the Positivist Theory?

It cannot explain how new states are bound by existing rules to which they never consented.

Which theory, associated with Georg Jellinek, argues that states are bound by international law because they voluntarily choose to limit their own sovereignty?

Auto-limitation Theory

In Hans Kelsen's 'Pure Theory of Law,' what is the 'Grundnorm' (basic norm) of international law?

Pacta sunt servanda

What does the principle of 'Sovereign Equality' (UN Charter Art. 2(1)) imply about the capacity of states?

Each state has equal capacity to enter treaties and send/receive diplomatic representatives.

Which article of the UN Charter prohibits the threat or use of force against the territorial integrity of any state?

Article 2(4)

What is the only exception to the UN Charter's prohibition of the use of force besides Security Council authorization?

The inherent right of self-defense (Article 51).

The principle of 'Non-Intervention' is codified in which specific article of the UN Charter?

Article 2(7)

Which theory of the IL-ML relationship treats both as parts of a single, unified legal order?

Monism

According to Dualism, why can international law not operate directly within the domestic sphere?

Because the two systems have different sources, subjects, and subject-matter.

The Doctrine of _____ holds that customary international law is automatically part of a state's common law without the need for legislation.

Incorporation

What is required for a treaty to take domestic effect under the Doctrine of Transformation?

Enabling legislation (transformation into domestic law).

Under the 'last-in-time' rule in the United States, what happens if a federal statute conflicts with an earlier treaty?

The later statute prevails domestically.

Which section of the Nepal Treaty Act 2047 governs the domestic application of treaties?

Section 9

Under Section 9(1) of the Nepal Treaty Act 2047, what happens if a ratified treaty conflicts with prevailing domestic law?

The inconsistent provision of domestic law becomes void, and the treaty is enforceable as Nepal law.

According to Section 9(2) of the Nepal Treaty Act 2047, a treaty that is signed but not _____ by Parliament is not enforceable as Nepal law.

Ratified

Nepal's legal system is described as a 'hybrid' because it uses parliamentary ratification as a dualist gateway but grants ratified treaties _____.

Direct supremacy (monist effect)

Article 279 of the Constitution of Nepal requires which type of majority for treaties concerning state boundaries?

Two-thirds majority of both Houses of the Federal Parliament.

List the four categories of treaties requiring a two-thirds majority for ratification in Nepal.

Peace and friendship; Security and strategic alliance; Boundaries of Nepal; Natural resources and their distribution.

In which landmark case did the Supreme Court of Nepal apply CEDAW to invalidate discriminatory inheritance laws in the Muluki Ain?

Meera Dhungana v. HMG

What is the 'Lotus presumption' established in the S.S. Lotus case (1927)?

Restrictions upon the independence of States cannot be presumed; what is not prohibited is permitted.

The ICJ held in 'Nicaragua v. USA' that the prohibition on the use of force is not just a treaty rule but also a norm of _____.

Customary international law (or jus cogens)

Which 1949 ICJ case established that states have an obligation not to knowingly allow their territory to be used for acts contrary to the rights of other states?

Corfu Channel Case

What legal status did the ICJ grant the United Nations in the 1949 'Reparations for Injuries' advisory opinion?

International legal personality

The 'Trendtex' case (1977) affirmed that customary international law is part of English law and that it _____ as custom evolves.

Changes

Which case is the foundational English authority for the Doctrine of Transformation, stating treaties require legislation to change domestic law?

The Parlement Belge (1879)

In the Pinochet case (1999), the House of Lords ruled that sovereign immunity does not cover which international crime?

Torture

Define 'Jus Cogens' (Peremptory Norms).

Norms accepted by the international community from which no derogation is permitted.

Under Article 53 of the VCLT, what is the consequence of a treaty conflicting with an existing 'jus cogens' norm at the time of its conclusion?

The treaty is void.

What does the doctrine of 'rebus sic stantibus' allow regarding treaty obligations?

Termination or withdrawal due to a fundamental, unforeseen change of circumstances.

Which article of the ICJ Statute is the canonical enumeration of the sources of international law?

Article 38(1)

The Latin maxim 'par in parem non habet imperium' is the basis for which legal concept?

Sovereign immunity (an equal has no authority over an equal).

What are the two elements required to establish a rule of customary international law?

General state practice (usus) and a sense of legal obligation (opinio juris).

The 'Pure Theory of Law' regarding monism with the primacy of international law was championed by which jurist?

Hans Kelsen

Which 18th-century jurist wrote 'The Law of Nations' (1758) and emphasized the sovereign equality of states?

Emer de Vattel

What distinguishes 'Public International Law' from domestic 'Municipal Law' regarding their structure?

Municipal law is vertical (subordination), while International Law is horizontal (coordination).

What is the significance of the 1982 UNCLOS?

It is the comprehensive codification of the law of the sea.

According to the 'Siyar' in Islamic tradition, international law predates Grotius and was systematized by jurists such as _____.

Muhammad al-Shaybani

What are 'erga omnes' obligations?

Obligations owed to the international community as a whole.

In the context of the basis of IL, what does the 'Solidarity Theory' argue?

States are bound because IL serves the objective necessity of an interdependent international community.

The 'Doctrine of Harmonious Construction' presumes that domestic legislation is consistent with _____.

The state's international obligations

Which 19th-century positivist critic argued that international law is not 'true law' but merely 'positive morality'?

John Austin

Why did John Austin claim international law lacks the character of law?

It lacks a determinate sovereign, a command, and a coercive sanction.

Professor Louis Henkin famously observed that 'almost all nations observe almost all principles of international law… almost all of the _____.'

Time

Article 26 of the Vienna Convention on the Law of Treaties (1969) codifies which fundamental principle?

Pacta sunt servanda (Good faith performance of treaties).

Under Article 27 of the VCLT, a state cannot invoke its _____ as justification for failing to perform a treaty.

Internal (municipal) law

Which ICJ case is cited to show that international courts produce compliance and that state responsibility is an effective doctrine?

Corfu Channel Case

What role does the 'opinio juris' play in the formation of custom?

It distinguishes law from mere habit or usage by providing the psychological element of legal obligation.

Name one contemporary challenge to international law mentioned in the text.

Cyber warfare (or climate change, international terrorism, pandemics).

Which Nepali statute implements extradition obligations and reflects the dualist-monist hybrid approach?

Extradition Act 2070

Who coined the term 'vanishing point of jurisprudence' to describe international law?

Sir Thomas Erskine Holland (cited via Oppenheim)

What is the 'internal' dimension of the right to self-determination?

The right of a people to participate in their government.

Which 1970 UN General Assembly Resolution supplements Article 2 of the Charter regarding friendly relations among states?

Resolution 2625 (XXV)

What is the primary difference in 'subjects' between Public and Private International Law?

Public IL subjects include states and IOs; Private IL subjects are private individuals and corporations.

In the case 'Paquete Habana' (1900), the US Supreme Court affirmed that international law is part of US law and must be administered by _____.

Courts of justice