1
What is meant by the consistency of international practice?
What is meant by the consistency of international practice is that it is uniform.
Sources in International Law
- 20 soru-cevap
- Internatıonal Law (ENG)
2
What is meant by "continuing international practice"?
It is meant that this practice must have continued within a certain time period.
3
What is required if the local customary rule is an exception to the general customary rules?
If the local customary rule is an exception to the general customary rules, the positive acceptance of all the parties concerned is required.
4
What does opinio juris mean in relation to customary international law?
Opinio juris, requires that the general, consistent and continuous practices of the states be based on a legal belief in order for them to constitute a customary rule.
5
Which practices give rise to the rules of international customary rules?
The practices that give rise to the rules of customary rules are the activities of the states.
6
According to the principle of sovereign equality of states, they cannot impose their will on another state. What is the practical consequence of this principle in relation to international customary law?
The practical consequence of this principle is that states are bound only by rules that they have consented to or are deemed to have consented.
7
What kind of obligations are held that “all states can be heldto have a legal interest in their protection"?
Erga omnes obligations are held that “all states can be heldto have a legal interest in their protection”.
8
What is the term used in the Vienna Convention on the Law of Treaties for the rules which the international community as a whole accepts and recognises as rules from which no derogation is permitted and which can be modified only by subsequent rules of the same character?
It is called as jus cogens.
9
What is the reason behind the widely accepted view that there is no hierarchical relationship between the treaty and customary rules?
The reason is that, because both of these sources are based on the consent of the states, therefore equally binding on them.
10
What does "lex posteriorderogat priori" mean?
It means that the rule later in time will have priority.
11
What does "lex specialis derogat legi generali" mean?
It means that a special rule prevails over a general rule.
12
What does "infra legem" mean?
It means that the "equity as adapting law or choosing between different interpretations".
13
What does legal acts mean in international law?
It means the declaration (or in some cases, conduct) ofintention made by one or more international legal persons in order to bring about legal consequencesin the international legal order.
14
What does recognition mean in relation to international law?
Recognition is a unilateral act of a state, which shows that it accepts the existence of a legally important claim and its validity.
15
Which term does the International Law Commission's definition of “Declarations publicly made and manifesting the intent to be bound may have the effect of creating legal obligations” refer to?
It refers to the independent unilateral acts.
16
What are the examples of the dependent unilateral acts arising from a treaty?
Dependent unilateral acts arising from a treaty include such acts as making reservations to a treaty, withdrawal from a treaty, or the annulment of a treaty.
17
What does protest mean in international law?
Protest is a statement of intention that the legitimacy of a particular claim or situation is not accepted.
18
What does renunciation mean in international law?
Renunciation is the abandonment of an existing right or claim by a legal person without transferring them to someone else.
19
What does notification mean in international law?
Notification is a submission by a state of its claim or its course of action on a situation that will have important consequences upon other states to the knowledge of one or more states.
20
What does unilateral promise in international law?
Unilateral promise is a written ororal statement having the character of a legal undertaking under international law, given with an intent to be bound.