Module 2: Review Questions

• • What is the main subject of international law?
  • The main subject of international law is the conduct of states and, increasingly, other international entities in the international system. It governs their relationships, rights, and obligations, aiming to maintain order, peace, and cooperation among them.
• • To whom does international law apply?
  • International law applies primarily to sovereign states, but it also encompasses other international actors such as international organizations, entities, and, to some extent, individuals. The application depends on the specific rules and treaties governing the relationships between these entities.
• • What are the main sources of international law?
  • The main sources of international law are treaties, customary international law, general principles of law, judicial decisions, and teachings of highly qualified publicists. Treaties and customary law are particularly prominent, representing agreements between states and practices that are accepted as binding, respectively.
• • How does an international custom evolve? (Which elements contribute to it?)
  • International custom evolves through the convergence of state practices (actual behavior) and opinio juris (the belief that such behavior is legally required, known as a sense of legal obligation). These two elements, combined over time, contribute to the formation of customary international law. Consistency, generality, and the notion of the practice being undertaken as a legal obligation are key factors in establishing a customary norm.
• • How are treaties interlinked with international customary law?
  • Treaties and customary international law are interconnected through the concept of "treaty practice." State practice related to treaty obligations can contribute to the formation of customary law if it reflects a general practice accepted as law. Additionally, some treaties explicitly codify existing customary law. The relationship underscores the dynamic and evolving nature of international law.
• What is the role of the consent of the states in joining international treaties?

  • Joining international treaties requires the consent of states, signifying their agreement to be bound by the treaty's terms.
• What is the role of the consent of the states in forming and adopting an international customary law? (Can they reject such a customary law?)

  Forming and adopting customary law also involves the consent of states, as customary law emerges from their consistent practice and opinio juris. States can influence customary law through objection or persistent objection to a particular practice, indicating their non-consent to the formation of a customary norm.
• Do international treaties have a direct impact on national laws? (Please consider different systems while answering this question.)

  • The impact of international treaties on national laws varies across legal systems. In monist systems, international treaties have direct effect without the need for national legislation. In dualist systems, national legislation is required to incorporate treaty obligations into domestic law. The degree of direct impact depends on the legal system of each state and its approach to the relationship between international and national law.
• What is jus cogens and its role in international law?

  • Jus cogens refers to peremptory norms of international law that are recognized as fundamental and from which no derogation is permitted. These norms prevail over conflicting treaty or customary law provisions. Jus cogens plays a crucial role in upholding fundamental principles, such as prohibitions on genocide, torture, and slavery, and establishes a hierarchy of norms in international law.
• What are the different dimensions of the right to self-determination?

  • The right to self-determination has individual and collective dimensions. Individually, it encompasses the right of individuals to freely determine their political status and pursue economic, social, and cultural development. Collectively, it applies to peoples and includes the right to determine their political, economic, social, and cultural status, leading to the establishment of their own state, autonomy, or other forms of self-governance.
• What were the beginnings of the European Union?

  • The European Union (EU) originated from the European Coal and Steel Community (ECSC) established in 1951, formed by six founding members: Belgium, France, Italy, Luxembourg, the Netherlands, and West Germany. The ECSC aimed to integrate the coal and steel industries to prevent war and deepen economic cooperation. This effort laid the groundwork for further European integration, leading to the creation of the European Economic Community (EEC) and, eventually, the EU.
• What is EU primary law?

  • EU primary law refers to the foundational legal texts that establish the European Union and its institutions. It includes the Treaties of the European Union, such as the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). EU primary law outlines the objectives, competences, and functioning of the EU, serving as the legal basis for all other EU laws and regulations.
• What is the difference between a ‘Regulation’ and a ‘Directive’?

  • A regulation is a legal act that is directly applicable across all EU member states without the need for national implementing measures. A directive, on the other hand, sets out certain goals that member states must achieve but allows them flexibility in choosing the form and method of implementation. Member states must transpose directives into national law to give them legal effect, ensuring that the directive's objectives are achieved at the national level.
• What is the principle of conferral?

  • The principle of conferral is a fundamental principle of EU law that states that the European Union has powers only to the extent that member states have conferred them. The EU can act only within the competences explicitly conferred upon it by member states through the EU treaties. If a competence is not conferred, the EU cannot legislate in that area. The principle of conferral ensures that the EU acts within the limits of its mandate and respects the sovereignty of member states.
• What are the three types of competences of the European Union?

  • The European Union has three types of competences: exclusive, shared, and supporting. Exclusive competences are areas where only the EU can legislate and adopt binding acts. Shared competences involve both the EU and member states having the power to legislate. Supporting competences allow the EU to take actions to support, coordinate, or supplement the actions of member states. The distribution of competences is outlined in the EU treaties.