SOURCES OF INTERNATIONAL LAW
1. A formal agreement between countries on a specific issue is called a:
6/6
a) Treaty
b) Custom
c) Principle
d) Regulation
Treaty: - overall name - use for many kinds of treaties
(1) Charter -> VN Chapter
(2) Convention -> UNCLOS
(3) Agreement -> NAFTA, EVFTA
(4) Protocol -> Kyoto Protocol -> subsiquence treatys (nghị định thư)
(5) Accord (thỏa ước)
How to name a treaty? The name of the treaties will be decided by
(1) the choice of party (usually bilateral treaty)
(2) By custom (by practice)
2. How are treaties formed in international law?
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(a) By a single powerful country
(b) Through agreements between countries
(c) By a global vote
(d) There are no treaties in international law
3. The principle of "pacta sunt servanda" means:
6/6
a) Treaties are open to negotiation and change
b) Countries should always keep their promises
c) Only powerful countries benefit from treaties
d) Treaties can be broken in times of crisis
4. How does a country typically become bound by a treaty?
0/7
a) By signing the treaty document
b) By ratifying the treaty through its internal process
c) Both signing and ratification are usually required
d) There is no formal process for becoming bound -> the expression of consent is how a country be bound in treaties ->
5. Some treaties require ratification by a country's national legislature before it takes effect. This means:
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a) The treaty is automatically rejected
b) Lawmakers must formally approve the treaty
c) The treaty only applies to specific regions within the country
d) The public gets to vote on the treaty
6. Treaties are an important source of international law because:
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a) They are the only source of international law
b) They allow countries to address specific issues through agreement
c) They are always universally accepted
d) They are easy and quick to create
7. Customary law in international law refers to:
7/7
a) Laws passed by a world government
b) Unwritten rules followed by most countries
c) Laws specific to a particular country's customs
d) Regulations applied in the state border gates for imported goods.
8. How does a practice become customary law?
7/7
a) By being written down in a treaty
b) Through consistent actions by countries over a long time
c) By a vote of the United Nations
d) By being the most popular approach
9. Imagine most countries send greetings to new governments on taking office. This practice could be considered:
0/6
a) A violation of international law
b) An example of customary law
c) Part of a specific treaty
d) Not relevant to international law
10. Imagine most countries send greetings to new ambassadors. This practice, if continued for a long time, could become:
6/6
a) A treaty obligation
b) An example of customary law
c) A general principle of international law
d) Not considered international law at all
11. Which best describes the relationship between treaties and customary law?
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a) Treaties replace customary law entirely
b) Customary law can become the basis for treaties
c) They are completely unrelated
d) All treaties automatically become customary law
12. What are "general principles" in international law based on?
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a) Unique ideas specific to international law
b) Common legal concepts already found in many countries’ laws
c) Scientific discoveries
d) The opinions of world leaders
13. An example of a general principle could be:
7/7
a) The importance of recycling plastic waste
b) The idea that contracts should be respected
c) The specific speed limit on a highway
d) The best way to resolve a border dispute
14. Precedents in international law refer to:
7/7
a) Decisions of national courts automatically binding international courts
b) A completely unimportant concept in international law
c) Past decisions of international courts considered in similar cases
d) Specific rules established by international treaties
15. Why might an international court consider precedents as subsidiary sources?
7/7
a) It creates a binding legal obligation for all countries
b) It can offer persuasive reasoning and legal analysis
c) It automatically sets a precedent for future cases
d) It's the only way they can find relevant law
1. What is the primary legal basis for the sources of international law?
A) The United Nations Charter
B) The Vienna Convention on the Law of Treaties
C) Article 38(1) of the Statute of the International Court of Justice
D) The Universal Declaration of Human Rights
2. Which of the following is NOT listed as a primary source of international law in Article 38(1) of the ICJ Statute?
A) International conventions
B) International custom
C) General principles of law
D) Teachings of publicists
3. What two key elements are required for a practice to become customary international law?
A) Widespread use and state consent
B) Consistent practice and opinio juris
C) UN approval and state ratification
D) Judicial decisions and scholarly writings
4. Which of the following is considered a subsidiary source of international law?
A) Treaties
B) Customary international law
C) Judicial decisions
D) Jus cogens norms
-> Judicial decision is binding some relation parties
5. What is "soft law" in international law?
A) Laws that are easily changed or revoked
B) Non-binding instruments that can influence state behaviour -> may not need to comply
C) Domestic laws with international implications
D) Treaties that have not been widely ratified
6. Which characteristic of international law sources reflects the principle of sovereign equality of states?
A) Consent-based nature
B) Horizontal structure
C) Dynamism
D) Lack of formal hierarchy
Vertical: Constitution -> Code/Law/Ordinance -> Decree…
Horizontal: —
7. What does the term "opinio juris" refer to in the context of customary international law?
A) The opinion of legal scholars
B) The belief that a practice is required by law
C) The decision of international courts
D) The text of international treaties
8. Which case emphasised the importance of state consent in forming international law, particularly customary law?
A) The Lotus Case (1927)
B) North Sea Continental Shelf Cases (1969)
C) Nicaragua v. United States (1986)
D) Gabčíkovo-Nagymaros Project (1997)
9. What is the principle of "lex specialis derogat legi generali"?
A) New law overrides old law
B) International law overrides domestic law
C) Specific law overrides general law
D) Written law overrides unwritten law
10. Which of the following is an example of a unilateral act of a state that can create legal obligations?
A) Signing a treaty
B) Voting in the UN General Assembly
C) Making a declaration or promise
D) Enacting domestic legislation
11. What is the primary function of general principles of law in international law?
A) To create new legal obligations
B) To override treaty provisions
C) To fill gaps in treaty or customary law
D) To establish state practice
12. How do resolutions of international organizations, particularly those of the UN General Assembly, contribute to international law?
A) They are always binding on all states
B) They can contribute to the formation of customary law or aid in treaty interpretation
C) They automatically become treaties
D) They have no legal significance
13. What is the significance of the "lack of formal hierarchy" among sources of international law?
0/4
A) All sources are equally important in all situations
B) There is no international law
C) It can sometimes lead to conflicts between different sources
D) Only treaties are considered valid sources
14. How can treaties interact with customary international law?
4/4
A) Treaties always override customary law
B) Customary law always overrides treaties
C) Treaties may codify existing customary law or generate new customary rules
D) Treaties and customary law never interact
15. What is the status of judicial decisions in international law according to the ICJ Statute?
4/4
A) They are primary sources of law
B) They are subsidiary means for determining rules of law
C) They are binding on all states
D) They have no legal significance
16. What is the relationship between jus cogens norms and other sources of international law?
4/4
A) Jus cogens norms are inferior to all other sources
B) Jus cogens norms are equal to all other sources
C) Jus cogens norms are superior to other sources
D) Jus cogens norms only apply to treaties
17. What did the ICJ clarify in the North Sea Continental Shelf Cases (1969)?
A) The role of the UN in creating international law
B) The formation of customary international law and its relationship with treaty law
C) The supremacy of domestic law over international law
D) The process of treaty ratification
18. How do the sources of international law accommodate the evolving needs of the international community?
A) They remain static and unchanging
B) They can only be changed through formal amendments to the ICJ Statute
C) New sources can emerge, and existing sources can evolve
D) They automatically update every year
19. What role do the teachings of publicists play in international law?
A) They are primary sources of law
B) They can influence the development and interpretation of international law
C) They are binding on all states
D) They have no relevance in modern international law
20. Which case discussed the concept of jus cogens norms and their relationship with other sources of international law?
A) The Lotus Case (1927)
B) Nicaragua v. United States (1986)
C) Pulp Mills on the River Uruguay (2010)
D) Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal) (2012)
21. What is the significance of the "consent-based" nature of many international law sources?
A) It reflects the principle of state sovereignty
B) It means all states must agree to every rule
C) It only applies to treaties
D) It makes international law irrelevant
22. How do soft law instruments potentially contribute to the development of international law?
A) They immediately become binding treaties
B) They have no impact on international law
C) They can influence the interpretation of hard law and may contribute to forming new hard law rules
D) They only affect domestic law
23. What did the ICJ address in the Gabčíkovo-Nagymaros Project case (1997)?
A) The formation of customary international law
B) The relationship between treaty law and the law of state responsibility
C) The role of the UN Security Council in international law
D) The process of treaty ratification
24. How are the sources of international law typically referenced in diplomatic negotiations?
A) They are never mentioned in negotiations
B) States often refer to treaties, customary law, and general principles
C) Only UN resolutions are considered relevant
D) Diplomatic negotiations create new sources of international law
25. What is the significance of the dynamic nature of international law sources?
A) It means international law is unreliable
B) It allows the law to adapt to changing global circumstances and needs
C) It only affects newly formed states
D) It makes all previous sources of law irrelevant