Constitutions
What are the three branches of government and what do they do?
Executive: Government, daily affairs of the state
Legislative: Parliament, makes the laws
Judicial: Courts, protect rights
What are the requirements for something to be International Custom
General Practice (Opinio Juris)
Accepted as Law
What are the two parts of freedom of expression?
Freedom of opinion - not limited
Freedom of expression - limited
What is the source of treaty law?
Vienna convention on the law of treaties (VCLT)
Noe and Maddy are government employees of the Thuas Law GC nation. They discover illegal behaviour and leak confidential information. Are Noe and Maddy's actions legal?
Article 10 of the ECtHR Guja v. Moldova 2008
If the information revealed was about illegal activity then yes.
Whistleblowers must be protected.
Name three ways to combat constitutional ambiguity.
Text and structure - what is written down
Purpose - what the law is intended to do
Precedent - previous interpretations
Custom - context of the traditions
Honorde authority - opinions of respected authorities
What is the difference between Hague Law and Geneva Law
Geneva law: Protects groups and victims in armed conflict.
Hague law: Regulates means of war fare.
What is the difference between negative and positive obligations?
Negative obligations - obligation to respect, don't do anything that violates HR
Positive obligations - obligation to enforce, make sure no one else violates HR
Art. 1 CEDAW
No discrimination against women
NO preemptive self-defence is not legal. Only if the threat is imminent.
What does it mean is a state is bicameral?
It has a parliament with 2 houses, both houses need to approve laws.
Ex: USA, house of reps & senate.
What was established by the Barcelona Traction Case?
Obligations erga omnes, (obligations towards the international comunity)
What are the differences between Limited, Qualified and Absolute rights?
Limited - May be interfered in selective situations (ex: Right to life)
Qualified - May be limited for the protection of the public when written in law (Freedom of Expression)
Absolute - No limitations (Freedom from Torture)
Art. 2.4 Un Charter
Prohibition of the use of force
Noenation is a member to the Rome statue. They signed in 2010. In 2005 Noenation's President Noe committed a war crime. Can she be held liable in front of the ICC?
No it had to have happened after they signed
What is Ex post, abstract Judicial Review?
Judicial review: checking the constitutionality of a law
Ex post: of a law that is in force
Abstract: but has not been used in courts
Name 3 characteristics of IACs and 3 of NIACs
IAC: between 2 or more states, Must be armed, Geneva convention, additional protocol i
NIAC: minimum threshold of violence passed, Common art. 3 Geneva convention, additional protocol ii
What constitutes competent, independent and impartial tribunals?
Competent - the decision will be binding
Independent - parties & powers fit statutory criteria
Impartial - no bias of the court
Art. 6 & 7 of ICCPR
6 - right to life
7 - right to freedom of torture
Noenation committed war crimes, what are the ways the state can make reperations.
-Compensation
-Restitution
-Satisfaction
Unitary: No internal territories, centralized autonomy, centralized sovereignty, mainly unicameral, separation of powers between regions and central government, states don't participate in amendments.
What is the effective control test?
A test established by the 1986 ICJ Nicaragua case, to check if private actors' crimes can be attributed to the state.
What is the difference between formal and substantive equality?
Formal - equality before the law.
Substantive - de facto equality, covers indirect discrimination.
Art. 1 of ARSIWA
State Responsibility
Noenation has decentralised their system of Judicial review. What does this mean?
Judicial review can be done at any court.