Course outline
Module 1
Module 1: Foundations and Sources of International Law
Foundations and Sources of International Law
Knowledge check
Q1. Which of the following is considered a primary source of international law under Article 38(1) of the Statute of the International Court of Justice?
- A. Writings of leading legal scholars
- B. International treaties ✓
- C. Judicial decisions of national courts
- D. Resolutions of the United Nations General Assembly
Why: Article 38(1) of the ICJ Statute lists international conventions (treaties), international custom, and general principles of law recognized by civilized nations as primary sources. Scholarly writings and judicial decisions are subsidiary means for determining the rules of law, and UN General Assembly resolutions are generally non-binding.
Q2. What are the two essential elements that must be present for a rule of customary international law to exist?
- A. Ratification and entry into force
- B. State practice and opinio juris ✓
- C. Consensus and written codification
- D. Majority vote and judicial recognition
Why: Customary international law requires a general and consistent practice of states (state practice) and the belief that such practice is legally required (opinio juris sive necessitatis). Both elements must be present together.
Q3. Which principle requires that treaties in force must be performed in good faith?
- A. Pacta sunt servanda ✓
- B. Jus cogens
- C. Erga omnes
- D. Res judicata
Why: Pacta sunt servanda, codified in Article 26 of the Vienna Convention on the Law of Treaties, holds that every treaty in force is binding upon the parties and must be performed in good faith. It is a foundational principle of treaty law.
Q4. Which term describes peremptory norms of international law from which no derogation is permitted?
- A. Soft law
- B. Comity
- C. Jus cogens ✓
- D. Lex specialis
Why: Jus cogens refers to peremptory norms accepted and recognized by the international community of states as a whole as norms from which no derogation is permitted. Examples include the prohibitions on genocide, slavery, and torture.
Q5. Which of the following is an example of a 'general principle of law recognized by civilized nations' as a source of international law?
- A. The principle that a party may not benefit from its own wrong ✓
- B. The requirement that treaties be registered with the UN
- C. The rule that states must hold annual summits
- D. The obligation to adopt a national constitution
Why: General principles of law, listed in Article 38(1)(c) of the ICJ Statute, are principles common to major legal systems, such as good faith, estoppel, and that no one may benefit from their own wrong. They fill gaps where treaties and custom are silent.
Module 2
Module 2: Treaties and the Law of Treaty Interpretation
Treaties and the Law of Treaty Interpretation
Knowledge check
Q1. Under the Vienna Convention on the Law of Treaties (VCLT), which article sets out the general rule of treaty interpretation?
- A. Article 31 ✓
- B. Article 26
- C. Article 46
- D. Article 60
Why: Article 31 of the VCLT sets out the general rule of interpretation: a treaty must be interpreted in good faith, in accordance with the ordinary meaning of its terms in their context and in light of its object and purpose. Article 26 concerns pacta sunt servanda, Article 46 concerns internal law provisions on competence to conclude treaties, and Article 60 concerns termination for material breach.
Q2. Which of the following is NOT one of the elements listed in Article 31 of the VCLT as part of the general rule of interpretation?
- A. The ordinary meaning of the terms of the treaty
- B. The object and purpose of the treaty
- C. The travaux préparatoires of the treaty ✓
- D. Any subsequent agreement between the parties regarding interpretation
Why: Travaux préparatoires (preparatory work) are supplementary means of interpretation under Article 32 of the VCLT, not part of the general rule in Article 31. Article 31 includes the ordinary meaning, context, object and purpose, subsequent agreements, subsequent practice, and relevant rules of international law.
Q3. What is the term for a treaty provision that a state may not 'reserve' against, meaning a state cannot exclude or modify its legal effect when ratifying?
- A. A peremptory norm
- B. A non-derogable clause
- C. A reservation-proof provision ✓
- D. An essential term
Why: Reservation-proof provisions are those where the treaty itself prohibits reservations, or where a reservation would be incompatible with the object and purpose of the treaty (Article 19 VCLT). The other options do not describe the concept of reservations to treaties as accurately.
Q4. Under the VCLT, what is the primary source of the rule that treaties bind the parties and must be performed in good faith?
- A. Article 2, defining a treaty
- B. Article 26, the principle of pacta sunt servanda ✓
- C. Article 53, on jus cogens
- D. Article 80, on registration of treaties
Why: Article 26 of the VCLT codifies pacta sunt servanda: every treaty in force is binding upon the parties and must be performed by them in good faith. Article 2 defines the term 'treaty', Article 53 addresses peremptory norms, and Article 80 concerns registration and publication.
Q5. Which of the following best describes a 'bilateral treaty' as distinct from a 'multilateral treaty'?
- A. A treaty concluded between two States only, as opposed to one open to many States ✓
- B. A treaty that requires ratification by two-thirds of states
- C. A treaty that can only be amended by two parties
- D. A treaty whose provisions apply to two separate legal systems within one State
Why: A bilateral treaty is concluded between two parties, whereas a multilateral treaty involves three or more parties. The classification refers to the number of parties to the agreement, not to ratification thresholds, amendment procedures, or internal legal systems.
Module 3
Module 3: States, Sovereignty and Recognition
States, Sovereignty and Recognition
Knowledge check
Q1. Under the Montevideo Convention (1933), which of the following is NOT one of the four criteria for statehood?
- A. A permanent population
- B. A defined territory
- C. Recognition by other states ✓
- D. Government capable of entering into relations with other states
Why: The Montevideo Convention lists a permanent population, a defined territory, a government, and the capacity to enter into relations with other states. Recognition by other states is not one of the criteria; this is the declaratory theory of statehood, which holds that a state exists once it meets the factual criteria.
Q2. What is the key difference between the declaratory and constitutive theories of recognition?
- A. Declaratory theory says recognition creates statehood; constitutive theory says it merely acknowledges existing statehood
- B. Declaratory theory says recognition merely acknowledges existing statehood; constitutive theory says recognition creates statehood ✓
- C. Both theories hold that recognition is legally required for statehood
- D. Declaratory theory applies only to international organizations, while constitutive theory applies to states
Why: Under the declaratory theory, a state exists once it meets the objective criteria, and recognition simply confirms this. Under the constitutive theory, a state only becomes a legal person of international law once other states recognize it.
Q3. Which principle holds that a state has supreme authority over its territory and affairs, free from external interference?
- A. Pacta sunt servanda
- B. Uti possidetis
- C. Sovereignty ✓
- D. Erga omnes
Why: State sovereignty is the principle that a state holds supreme authority within its territory and is free from external interference in its domestic affairs, as reflected in the UN Charter and customary international law.
Q4. What is de facto recognition?
- A. Formal, legally binding acknowledgment of a state's full legal status
- B. Provisional acknowledgment that a government controls territory and functions, without full legal acceptance ✓
- C. Recognition granted only by the UN Security Council
- D. Automatic recognition granted upon a state's admission to the UN
Why: De facto recognition is a provisional or informal acknowledgment that an authority exercises effective control, often used where legal status is uncertain. De jure recognition, by contrast, is full and formal acceptance of legal status.
Q5. Which of the following is an example of a situation where a government was recognized in practice but its statehood remained contested?
- A. Switzerland after 1648
- B. Kosovo after its 2008 declaration of independence ✓
- C. Germany after 1990 reunification
- D. Canada after 1867 Confederation
Why: Kosovo declared independence in 2008 and has been recognized by many states, but not by others (including several UN members such as Spain, Greece, and Russia), so its statehood remains disputed. The other examples involved broadly accepted statehood.
Module 4
Module 4: Jurisdiction and State Responsibility
Jurisdiction and State Responsibility
Knowledge check
Q1. Which principle holds that a State has jurisdiction over crimes committed within its own territory?
- A. The nationality principle
- B. The territorial principle ✓
- C. The protective principle
- D. The universality principle
Why: The territorial principle is the most widely recognized basis of jurisdiction: a State may prescribe and enforce its laws over conduct occurring within its territory, regardless of the nationality of the persons involved.
Q2. Under the law of State responsibility, what must be established for an internationally wrongful act to exist?
- A. Proof of intent to harm another State
- B. Damage to a foreign national's property only
- C. Conduct attributable to the State that breaches an international obligation ✓
- D. A ruling by the International Court of Justice
Why: The ILC Articles on State Responsibility (2001) set out two elements: the conduct must be attributable to the State under international law, and it must constitute a breach of an international obligation in force for that State. Intent and prior adjudication are not required.
Q3. Which of the following is generally considered a conduct attributable to a State under the ILC Articles?
- A. Actions of a private company with no government link
- B. Actions of organs of the State, including its judiciary and armed forces ✓
- C. Actions of tourists visiting the State
- D. Actions of an international organization acting independently
Why: Under Article 4 of the ILC Articles, the conduct of any State organ, whether legislative, executive, judicial, or other, is attributed to the State. This includes the armed forces and judicial bodies, regardless of their rank or function.
Q4. What is the nationality principle of jurisdiction?
- A. A State may prosecute crimes committed against its own nationals abroad
- B. A State may regulate conduct by its own nationals wherever that conduct occurs ✓
- C. A State may prosecute any crime committed anywhere in the world
- D. A State may only exercise jurisdiction over its territory's residents
Why: The nationality (or active personality) principle lets a State apply its laws to its nationals even when they act outside its territory. The protective principle, by contrast, concerns harm to the State's own vital interests.
Q5. What is the typical legal consequence of a State committing an internationally wrongful act?
- A. Automatic expulsion from the United Nations
- B. An obligation to cease the wrongful act and make full reparation for the injury caused ✓
- C. Mandatory payment of criminal fines to the injured individual
- D. Loss of sovereignty over the territory where the act occurred
Why: Under the ILC Articles, the responsible State must cease the wrongful conduct if it continues, offer assurances of non-repetition where appropriate, and provide full reparation (restitution, compensation, or satisfaction) for the injury caused.
Module 5
Module 5: International Human Rights Law
International Human Rights Law
Knowledge check
Q1. Which document, adopted by the United Nations General Assembly in 1948, is considered the foundational instrument of international human rights law?
- A. The Geneva Conventions
- B. The Universal Declaration of Human Rights ✓
- C. The Charter of the United Nations
- D. The Vienna Convention on the Law of Treaties
Why: The Universal Declaration of Human Rights (UDHR), adopted on 10 December 1948, set out the basic civil, political, economic, social and cultural rights that later treaties developed into binding legal obligations.
Q2. Which two binding treaties were adopted in 1966 to give legal force to the principles of the Universal Declaration of Human Rights?
- A. The Convention on the Rights of the Child and the Convention against Torture
- B. The Genocide Convention and the Refugee Convention
- C. The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights ✓
- D. The Rome Statute and the Geneva Protocol
Why: The two International Covenants, both adopted in 1966, translated the UDHR into binding treaty obligations: the ICCPR covers civil and political rights, while the ICESCR covers economic, social and cultural rights.
Q3. What is the primary characteristic that distinguishes human rights treaties from traditional bilateral treaties between states?
- A. They only apply during armed conflict
- B. They create obligations primarily owed to individuals within a state's jurisdiction rather than reciprocal obligations between states ✓
- C. They can only be enforced by the International Criminal Court
- D. They are non-binding recommendations
Why: Human rights treaties protect individuals against their own state, so their obligations are owed to rights-holders within the jurisdiction and are not simply a matter of reciprocal exchange between states.
Q4. Which principle holds that all human rights are interrelated, interdependent and indivisible?
- A. The principle of sovereignty
- B. The principle of universality and indivisibility of human rights ✓
- C. The principle of non-refoulement
- D. The principle of proportionality
Why: The 1993 Vienna Declaration and Programme of Action affirmed that all human rights are universal, interdependent, interrelated and indivisible, meaning civil, political, economic, social and cultural rights must be treated as a whole.
Q5. Which of the following rights is generally considered non-derogable, meaning it cannot be suspended even during a public emergency threatening the life of the nation?
- A. The right to freedom of movement
- B. The right to freedom of expression
- C. The right to be free from torture ✓
- D. The right to peaceful assembly
Why: Under the ICCPR (Article 4), the prohibition of torture and cruel, inhuman or degrading treatment is among the rights that may never be derogated from, even in emergencies, alongside protections such as the right to life and freedom from slavery.
Module 6
Module 6: Use of Force and the Law of Armed Conflict
Use of Force and the Law of Armed Conflict
Knowledge check
Q1. Which article of the UN Charter contains the general prohibition on the threat or use of force against the territorial integrity or political independence of any state?
- A. Article 2(4) ✓
- B. Article 51
- C. Article 39
- D. Article 42
Why: Article 2(4) of the UN Charter prohibits member states from the threat or use of force against the territorial integrity or political independence of any state. Article 51 recognizes the inherent right of self-defense, Article 39 concerns the Security Council's determination of threats to peace, and Article 42 authorizes collective military action by the Security Council.
Q2. Under the UN Charter, which body has the primary responsibility for determining the existence of a threat to the peace, breach of the peace, or act of aggression?
- A. The General Assembly
- B. The International Court of Justice
- C. The Security Council ✓
- D. The Secretary-General
Why: Article 39 of the UN Charter assigns the Security Council primary responsibility for determining whether a threat to the peace, breach of the peace, or act of aggression exists. The General Assembly can make recommendations, the ICJ resolves legal disputes between states, and the Secretary-General has administrative and good offices roles but not this determinative power.
Q3. Which principle of International Humanitarian Law requires parties to a conflict to distinguish between combatants and civilians and between military objectives and civilian objects?
- A. The principle of proportionality
- B. The principle of military necessity
- C. The principle of distinction ✓
- D. The principle of humanity
Why: The principle of distinction requires parties to an armed conflict to always distinguish between civilians and combatants, and between civilian objects and military objectives, directing attacks only at the latter. Proportionality concerns whether expected civilian harm is excessive relative to anticipated military advantage, military necessity permits measures needed to achieve a legitimate military aim, and humanity prohibits unnecessary suffering.
Q4. Which of the following is generally recognized as a requirement for an act to qualify as lawful self-defense under customary international law, as reflected in the Caroline case?
- A. The attack must be authorized by the Security Council in advance
- B. The threat must be instant, overwhelming, and leave no choice of means and no moment for deliberation ✓
- C. The defending state must have suffered prior economic sanctions
- D. The response must target the aggressor's civilian population to deter future attacks
Why: The Caroline case (1837) established that anticipatory self-defense requires a necessity that is instant, overwhelming, and leaves no choice of means and no moment for deliberation. Security Council authorization is not a precondition for individual self-defense, economic sanctions are unrelated, and targeting civilians would violate IHL principles.
Q5. Which treaty, adopted in 1949, consists of four conventions that establish protections for wounded and sick soldiers, prisoners of war, and civilians during armed conflict?
- A. The Hague Conventions of 1907
- B. The Geneva Conventions ✓
- C. The Rome Statute
- D. The Chemical Weapons Convention
Why: The four Geneva Conventions of 1949 protect wounded and sick armed forces, shipwrecked members of armed forces, prisoners of war, and civilians in wartime. The Hague Conventions of 1907 primarily regulated the conduct of hostilities, the Rome Statute established the International Criminal Court, and the Chemical Weapons Convention prohibits chemical weapons.
Module 7
Module 7: International Courts, Tribunals and Dispute Settlement
International Courts, Tribunals and Dispute Settlement
Knowledge check
Q1. Which principal judicial organ of the United Nations is responsible for settling legal disputes between States?
- A. The International Criminal Court
- B. The International Court of Justice ✓
- C. The Permanent Court of Arbitration
- D. The International Tribunal for the Law of the Sea
Why: The International Court of Justice (ICJ), seated in The Hague, is the principal judicial organ of the United Nations and decides legal disputes submitted to it by States. The ICC prosecutes individuals for serious crimes, not States' disputes.
Q2. Under the Statute of the International Court of Justice, which of the following is a recognised source of international law that the Court applies?
- A. Decisions of national parliaments
- B. Writings of the most highly qualified publicists as a subsidiary means for determining rules of law ✓
- C. Resolutions of regional courts only
- D. Private contracts between corporations
Why: Article 38(1) of the ICJ Statute lists international conventions, international custom, general principles of law, and judicial decisions and scholarly writings (the latter as subsidiary means). Parliamentary decisions and private contracts are not listed.
Q3. Which court is primarily competent to try individuals for genocide, crimes against humanity and war crimes?
- A. The International Court of Justice
- B. The World Trade Organization Appellate Body
- C. The International Criminal Court ✓
- D. The European Court of Human Rights
Why: The International Criminal Court, established by the Rome Statute, has jurisdiction over individuals for genocide, crimes against humanity, war crimes and the crime of aggression. The ICJ handles disputes between States, not individual criminal responsibility.
Q4. What is a key characteristic of advisory opinions given by the International Court of Justice?
- A. They are legally binding on the requesting State only
- B. They can only be requested by individual citizens
- C. They are non-binding but carry significant legal authority ✓
- D. They are issued automatically in every case before the Court
Why: ICJ advisory opinions are not binding in the strict sense, but they carry great legal weight and influence. They are requested by authorised UN organs and specialised agencies, not by individuals, and are given only when requested.
Q5. What does the principle of consent mean for the jurisdiction of international courts in inter-State disputes?
- A. A State is automatically bound to any court's jurisdiction upon joining the UN
- B. A court can only hear a dispute if the States concerned have consented to its jurisdiction ✓
- C. Courts may impose jurisdiction on any State that trades with a member state
- D. Consent is only needed for criminal proceedings against individuals
Why: Jurisdiction over inter-State disputes is generally based on consent, which may be given by special agreement, compromissory clauses in treaties, or optional clause declarations. Membership of the UN alone does not automatically confer jurisdiction on the ICJ.