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LINGUAGGIO GIURIDICO

PUBLIC INTERNATIONAL LAW

Seminar 3

Revision

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PUBLIC INTERNATIONAL LAW

“International law is the body of rules which are legally binding on States in their intercourse with each other.

These rules are primarily those which govern the relations of

States, but States are not the only subjects of international law. International organizations and, to some extent, individuals, may be subject of rights conferred and duties imposed by

international law.”

Oppenheim’s International Law

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STATE SOVEREIGNTY

Which of the following statements is incorrect?

1. Each State is a co-equal sovereign and each is the final

authority within its territorial limits.

2. State sovereignty is the whole body of rights and attributes

which a State possesses in its territory, to the exclusion of all other States, and also in its relations with other States.

3. Sovereignty confers rights upon States and imposes

obligations on them.

4. Those States which are politically or economically more

powerful enjoy more sovereignty, as they have a more important role to play.

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THE PRINCIPLE OF SOVEREIGN EQUALITY

The principle of sovereign equality under contemporary international law includes the following elements:

• States are juridically equal;

• each State enjoys the rights inherent in full sovereignty;

• each state has the duty to respect the personality of other States; • the territorial integrity and political independence of the State are

inviolable;

• each State has the right to freely choose and develop its political, social,

economic and cultural systems;

• each State has the duty to comply fully and in good faith with its

international obligations and to live in peace with other States.

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PRINCIPLE OF NON-INTERVENTION IN THE DOMESTIC

AFFAIRS OF OTHER STATES

A State cannot intervene in matters which are essentially within the domestic jurisdiction of another State.

The principle of non-intervention also applies to the UN: see Article 2(7), UN Charter.

Domestic jurisdiction = dominio riservato

Il concetto di dominio riservato, o domestic jurisdiction, è strettamente collegato alla nozione di sovranità e indica le materie rispetto alle quali uno Stato è libero da obblighi internazionali (derivanti da trattati o da norme consuetudinarie) e quelle che, per il loro carattere intrinsecamente interno, non sono suscettibili di formare oggetto di obblighi internazionali (quali la forma di governo, i modi d’acquisto e di perdita della

cittadinanza).

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PRINCIPLE OF NON-INTERVENTION

Which of the following statements is incorrect?

The principle of non-intervention in the internal affairs of States:

(1) Applies to the UN

(2) Applies to all States of the international community

(3) Does not apply to the United States of America, as they are

the only remaining world super-power

(4) Implies that a State should not interfere with matters which

are within the domestic jurisdiction of another State.

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INTERNATIONAL LEGAL PERSONALITY

Which of the following statement(s) is/are true?

1. An entity which enjoys “international legal personality” has

direct international legal rights and responsibilities;

2. An international legal person has the capacity to bring

claims before international bodies on the basis of international law;

3. An international legal person participates in the creation,

development and enforcement of international law.

4. “international legal personality” is translated in Italian as

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INTERNATIONAL LEGAL PERSONALITY (CONT’D)

5. The notion of “international legal person” has been

progressively replaced by that of “actor” or “participant” in the international legal system, which better reflects the

modern processes of international law;

6. The United Nations possesses international legal personality; 7. The Italian region of Lombardy enjoys international legal

personality;

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TREATIES

Which of the following is not a treaty?

1. Protocol No. 1 to the European Convention on Human Rights 2. Charter of the United Nations

3. Directive 2012/29/EU of 25 October 2012 establishing

minimum standards on the rights, support and protection of victims of crime

4. Convention for the Prevention and Punishment of the Crime

of Genocide

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THE NOTION OF STATE

Which of the following is not a requirement for statehood under international law?

a ) a permanent population; b ) a defined territory;

c ) an independent government; and

d) capacity to enter into relations with the other states. e) possession of a permanent army.

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LEGAL FORCE OF TREATIES

Which of the following statement(s) is/are correct?

1. Treaties are a source of international law

2. Treaties are binding

3. Treaties are binding on all States of the international community

4. Treaties are binding only on those States which have ratified them

5. A State which has ratified a treaty is not required to respect it if its

norms conflict with that State’s Constitution

6. Treaties are concluded between States or between States and

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INTERNATIONAL ORGANIZATION

Which of the following statement(s) is/are incorrect?

1. An international organization is an entity with international legal

personality established by agreement between States for the pursuance of certain shared goals and objectives.

2. The UN is an international organization.

3. Amnesty International and Human Rights Watch are international

organizations.

4. International organizations can intervene in the internal affairs of States. 5. International organizations can also be referred to as

“intergovernmental organization”.

6. The North Atlantic Treaty Organization (NATO) is an international

organization created for mutual defence purposes.

7. International organization can also be referred to as

“non-governmental organizations” (NGOs).

8. The general term used to indicate the acts adopted by international

organizations is “resolutions”

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ACRONYMS AND ABBREVIATIONS

What do the following acronyms stand for?

1. ECHR - European Convention on Human Rights (CEDU)

2. ACHPR - African Charter of Human and Peoples’ Rights

3. WHO - World Health Organization (OMS)

4. WTO - World Trade Organization (OMC)

5. UN - United Nations (ONU)

6. CoE - Council of Europe (Consiglio d’Europa)

7. UNICEF - United Nations International Children's Emergency Fund

8. UNESCO - United Nations Educational, Scientific and Cultural

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FUNDAMENTAL PRINCIPLES OF PIL

• Sovereign equality of States;

• Principle of non-intervention in the domestic affairs of other States;

• Respect for the territorial integrity of other States;

• Prohibition of the use of force in international relations; • Respect for fundamental human rights.

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CUSTOMARY INTERNATIONAL LAW

“Customary international law” is translated into Italian as

1) diritto internazionale consuetudinario 2) diritto internazionale umanitario

3) diritto internazionale del mare

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