Chapter 1

Introduction to International and Comparative Law

 

i.              Definitions

1. Public international law: The division of international law that deals primarily with. the rights and duties of states and intergovernmental organizations as between themselves.

 

2.   Jus cogens: A peremptory norm of general international law, recognized by the. international community of states as a norm from which no derogation is permitted.

 

3.   Executive agreements: A treaty or international agreement entered into by a state’s executive without following the state’s constitutionally required ratification procedure. It is not effective domestically.

 

4.   Servitude: A right to the use of another’s property, such as the right of passage; it. also includes the right to prevent other countries from engaging in harmful acts in their territory, such as the right to prevent the implement transboundary pollution.

 

5.   State responsibility: Liability of a state for the injuries that it causes to foreign. persons. Traditionally, an individual can't claim rights directly from a country that damages his interests.

ii.              True or False

1.    Comity is not law because countries do not regard it as something they are required to respect.

Answer: True

2.    In contemporary international law, the division between public and private law is precise and well defined.

Answer: False

3.    International law is not really law since there is no worldwide legislature to enact it.

Answer: False

4.    Once adopted, customary rules of international law are seldom changed.

Answer: False

5.    In international tribunals, municipal law is regarded as being correlative with international law.

Answer: False

6.    In municipal courts, international law is generally treated as being subservient.

Answer: False

7.   According to the doctrine of incorporation, customary international laws are treated as adopted by a municipal court to the extent that they are not inconsistent with prior municipal legislation or judicial decisions of final authority.

Answer: True

8.    According to the doctrine of transformation, customary international laws are not applicable in a municipal court until they are clearly adopted by legislative action, judicial decision, or established local usage.

Answer: True

9.    A self-executing treaty is one that contains a provision that says the treaty will apply in the parties’ municipal courts once the parties have adopted domestic enabling legislation.

Answer: False

10.  A successor state is not bound by the “dispositive” treaties made by its predecessor.

Answer: False

11.  An intergovernmental organization is a permanent organization set up by two or more states to carry on activities of common interest.

Answer: True

12.  A successor state is not bound by the private contractual obligations of its predecessors.

Answer: False

13. To a treaty made by State A can agree either to terminate the treaty or extend it to the whole territory of the new state.

Answer: True

14.  When State A and State B merge to form State C, State C will no longer be bound by a treaty made by State A if its object and purpose can no longer be accomplished.

Answer: True

15.  When a part of the territory of State X shifts and becomes part of the territory of State Y, the treaties made by State X continue to apply to that territory.

Answer: False

iii.              Multiple Choice

1.         International law regulates relationships between:

a)         states and states.

b)         states and persons.

c)         persons and persons.

d)         All of the above.

Answer: d

2.   Which of the following is an example/are examples of the subject matter of public international law?

a)         Contracts and sales.

b)         Securities regulations.

c)         State succession.

d)         All of the above.

Answer: c

3.    Evidence of the general consent of the international community to the existence of a rule of international law can be found in:

a)         decisions of the International Court of Justice.

b)         resolutions passed by the UN General Assembly.

c)         the conduct and practices of states in their dealings between themselves.

d)         All of the above.

Answer: d

4.   Which of the following sources of international law does the International Court of Justice normally regard as the most authoritative?

a)         Customary international law.

b)         General principles of law.

c)         International conventions.

d)         Judicial decisions.

Answer: c

5.   In the United States, a treaty adopted by authority of the President alone (i.e., without the consent of the Senate) is known as a/an:

a)         constitutional convention.

b)         executive agreement.

c)         presidential treaty.

d)         Truman treaty.

Answer: b

6.   “The legal existence of a government happens automatically by operation of law whenever a government is capable of controlling a territory and its people.”  This is a statement of the:

a)         constitutive doctrine.

b)         declaratory doctrine.

c)         Estrada doctrine.

d)         recognitive doctrine.

Answer: b

7.    The right of all states to transit the Suez and Panama canals is an example of a/an:

a)         easement.

b)         license.

c)         negative servitude.

d)         positive servitude.

 

Answer: d

 

8.    When one speaks of the “supernational powers” of the European Union, one means that:

a)         within its scope of applicability, EU law is superior to the laws of the member states.

b)        member states are required to bring their internal laws into compliance with EU law.

c)         EU law may be directly effective within the member states.

d)        All of the above.

Answer: d

9.    “When a new state comes into being through decolonization, the ex-colony starts with no obligation to succeed to the treaties of its former colonial power.”  This is known as the:

a)         clean slate doctrine.

b)        divorcement policy.

c)         exparte doctrine.

d)        fresh start rule.

Answer: a

10.   Which of the following is NOT a characteristic common to intergovernmental organizations?

a)         They are created by two or more states.

b)        They are meant to pursue interests common to their creators.

c)         They function autonomously as independent international persons.

d)        They operate through branches and subsidiaries around the world.

Answer: d

 

iv.              Case

1. State A came into existence following a lengthy civil war that resulted in dramatic political, economic, and social upheaval.  As part of the changes brought about in State A, the government nationalized property belonging to Company Q, but paid Company Q no compensation for the property.  The owners of Company Q, all State A citizens, who had fled to State B during the course of the civil war, have now brought suit in a State B court claiming that they are the true owners of the property.  They petition the court to grant them title to the property or to order State A to fully compensate them for its wrongful taking.  Should Company Q's owners’ petition be granted?  Discuss.

 (Refer to Case 1-6 De Sanchez v. Banco Central de Nicaragua).

Answer: It's anything but an infringement of global law for a state to seize the property of its nationals. Nor may nationals sue their country in an unfamiliar court for any supposed bad behavior, except if the bad behavior is an appalling depravation of an individual's opportunities that is cognizable as a misdeed under global law. This isn't the circumstance here, so the case ought to be excused.