Guide for Studying for the Midterm Exam – International Law

2023

Dear Students,

The following is a guide for studying for the First Exam. It only contains
some examples of questions but this is not an exhaustive list. The
questions will not be exactly the same on the exam, but if you study
with this guide you have a good chance of answering the exam
questions correctly. The exam will be based on what we saw in class
AND on the assigned readings (regardless if we were able to cover them
all in class). Please do not claim that a question on the exam is not fair if
we did not see it in class. Be prepared to ask your monitores anything
you don´t understand but don´t expect them to teach you what you
haven´t read or paid attention to.

The exam will be in English.

Good luck!

Liliana
Subjects: The State

- What is a Subject of international law?

- What is a State according to the Montevideo Convention, 1933?
- What element of the State is absolutely indispensable for it to exist?
- What is sovereignty? What is sovereign equality? How does it
contrast regarding the material inequality in the international
order?
- What is recognition of a State? Is it fundamental to the existence
of the State? What is the difference between recognition of State
and recognition of governments?
- Is the recognition of a State essential for the State to exist?
Why or why not?
- Do you consider that the principle of free choice of the political
and economic system of each state applies to current
international reality? Why or why not? (Support your answer)

Subjects: International Organizations (1)

- What is an International Organization? What are its components?
- What are the differences between an IO and a state? Between an
IO and NGO?
- Who can be a member of an IO? Who and how can non-
members participate in an IO ?
- What are the organs of an IO?
- What are the organs of the United Nations?
o Is the International Court of Justice an IO?
 What is the legal status of a resolution of the General Assembly
and in what circumstances can it be strong evidence of a rule of
customary international law?
- When are resolutions of the UN Security Council legally binding,
and when they are binding, how is this reconciled with Article 38
of the Statute of this Court?
Subjects with limited international status Peoples, multinational
companies & NGOs

 Why are some subjects understood as restricted under

international law?
 What is a people under International Law?
 Examples ...
 What is the difference between a State and a people?
 What is the right to self-determination?
 What is an international NGO? How are they different from
International Organization?
 What is the relationship between NGOs and IO?
 What governs the international law of multinational companies?
 What organizations should have more control of international
law over them?
 Can a people, NGOs and multinationals participate in treaties?
 How do individuals access international law ?
 What is the difference between the protections for individuals
under international human rights vrs. International humanitarian
law?
 What is the regional system of human rights for Latin America?
The sources of international law
 Which is the “source of sources”?
 Is there any priority or hierarchy of the sources of
international law mentioned in Art. 38 of the ICJ Statute?
 Are there sources outside of article 38?
o What are they?
Treaties
 What is a treaty?
 Are the effects of a treaty on a subject of international law
that has not ratified it the same as for a persistent objector of
custom?
 What happens when a state ratifies treaties that are mutually
incompatible?
 What is the difference between invalidity and nullity of a treaty?
  If a State has conflicting obligations under two treaties (or under
a treaty on the one hand and customary international law on the
other), which one must be applied?
 What principles does the Court use to determine which obligation
applies?
 What are travaux preparatoires? When are the records of the
drafting and negotiations of the treaty relevant?
 What is a treaty making process?
 What is Colombia´s internal process for ratifying a treaty?
 What is a reservation?
 How do you interpret a treaty?
 How can you terminate, suspend or void a treaty?
 When is a treaty "in force"?
 What is "Jus Cogens" and what is its relation to treaties?
 What is "pacta sunt servanda"?
 What is the force of a treaty for a State which has signed it but
has not ratified it yet?
 Can a third State be bound by a provision of a treaty?
 What is the relationship between a treaty and jus cogens norms?
 Principles of interpretation of a treaty. How can travaux
preparatoires be relevant to the treaty interpretation?
 Invalidity of treaties (change of circumstances, error, duress etc)

Custom
 What is customary international law?
 What are the elements of customary international law?
 What is the difference between the material element
(objective) and psychological (subjective) of custom?
 Where can we find evidence of State practice? What State
practice is relevant?
 How do you prove a custom?
 What has the ICJ said are the requirements for the existence of
regional or bilateral custom?
 Who has the burden of proof?
 What is the relationship of custom to treaties?
 Can there be a negative custom, understood as the widespread
practice of a not doing something?
 According to the ICJ, can resolutions of the General Assembly be
 evidence of custom?
 What is a persistent objector?

Principles
 What are general principles of law?
 What are the fundamental principles of international law?
o How are they determined?
o Where can we find them?

Subsidiary means and unilateral acts

 What are the subsidiary sources of international law?
 What does the ICJ generally use as a subsidiary source?
 Who can be considered a "highly Qualified publicist" in order
for his/her writings to be considered a subsidiary source?
 What is the value of a subsidiary mean of international law
against other sources?
 What is "soft law" and what is its value as a source of IL?
 What unilateral acts are binding and which are not?
 What are unilateral acts of States? What conditions are required
for them to be binding?
 What are unilateral acts of International Organizations? When
are they binding?
 What is estoppel?
 What is the relation between:
* Treaties and Custom
*Soft Law and Custom
* Unilateral Acts and Estoppel

International Responsibility of States

• What are the “Articles on State Responsibility for internationally

wrongful acts”? Are they a treaty? How are they applied?
• What is the UN International Law Commission (ILC) ? What
relationship have they had with the "Articles on Responsibility..."?
• What is an “Internationally Wrongful Act” (IWA) and what are its
elements?
• What are the legal consequences of an IWA?
• What are the circumstances that preclude wrongfulness? Define
each one and give an example.
• How is an IWA repaired? What are the forms of reparation?
Examples?
• When is a violation considered “grave”?
*What is a countermeasure? What are its conditions, limits?