Questions and Answers of International Business Law

The power of the Security Council to refer a situation to the ICC Prosecutor includes a situation that involves nationals of a state that is not a party to the Rome Statute. Why does a Council
What are the differences between the three forms of Joint Criminal Enterprise (JCE)? Why is the third form deemed to be controversial?
The United States is not a party to the Rome Statute. What would it require for US servicemen to be prosecuted before the ICC?
What does the principle of ‘complementarity’ in the Rome Statute mean?
Why are some international crimes referred to as ‘core’ crimes?
Conceptually, what is the difference between an ‘international’ and a‘national’ criminal court?
How is the right to liberty regulated in a non-international armed conflict?
When it comes to the use of deadly force against individuals who are not members of the armed forces of a state, why does it matter if the armed conflict is classified as an international and not a
In November 2015, individuals with alleged ties to the Islamic State perpetrated a series of terrorist attacks in Paris, France. Could the attacks be considered part of an armed conflict?
In 2011, US Special Forces killed the leader of al Qaida, Osama bin Laden, in Pakistan. Did the killing of bin Laden violate international humanitarian law?
Are Ukraine and Russia engaged in an international armed conflict?
Has the international armed conflict between North and South Korea been brought to an end?
Why may one reasonably consider the law of armed conflict as a pragmatic discipline?
How could one argue for the legality of humanitarian intervention in the absence of an authorization from the UN Security Council?
In what regard has the threat from terrorism led to uncertainty about the applicability of the right to self-defence under article 51?
According to the text, the so-called ‘accumulation of events’ doctrine is controversial. Why is that the case?
Why is the notion of ‘implied authority’ of the use of force in Security Council resolutions controversial?
What legal authority does a regional organization, such as NATO, possess with regard to the use of force?
The UN Security Council has primary responsibility for the maintenance of international peace and security and has therefore been vested with certain powers. Are there any limits to what the Council
How does the tension between, on the one hand, considerations of order and stability and, on the other, overall notions of justice manifest itself in the international regulation of the use of force?
What is the interpretative value of an advisory opinion issued by the ICJ?
The text notes that a state is entitled to make reservations to a declaration under article 36(2). Is that problematic with regard to making states utilize the ICJ?
What are the conditions that must be fulfilled before a state can successfully bring proceedings against another state before the ICJ?
Why is arbitration often a more tempting choice than the ICJ for states that seek to settle their disputes in a peaceful manner?
Under what conditions does international law allow a host state to expropriate foreign property?
In what way does the monetary system in the EU differ from the system created under the IMF?
Why is the IMF vital to the maintenance of a stable international economic order?
What is the difference between the MFN principle and the principle of national treatment? Why is it necessary for the GATT to exempt the application of the MFN principle in the EU?
The international economic system is frequently the object of criticism.Can you give some examples?
Can you think of some concrete examples where international economic law overlaps with other fields of public international law? What role do the Bretton Woods institutions play in the international
Why are the traditional principles on state responsibility and compensation sometimes ill-suited for enforcing international environmental law?
Can you provide some examples of the techniques used in the treaty-based regulation of international environmental law?
The chapter notes that some of the basic principles of international environmental law are merely guiding principles. Does this mean that they are not legally binding?
Why is there often a tension between environmental protection and economic development? Can you think of some examples of where this tension is visible?
Can you think of some concrete examples of where environmental law overlaps with other fields of public international law?
Why does international environmental law generally form part of the international law of cooperation? Can you think of some principles of international environmental law that could be said to be part
of the ECHR?
How is the protection from ‘refoulement’ in the 1951 Refugee Convention different from the protection from ‘refoulement’ in article
What are the conditions for lawful derogation from a human rights convention?
Case law from the ECtHR illustrates that a state party to the ECHR is not always bound by its obligations under the Convention when it acts abroad.Why could that be problematic when considered from
The interpretational style of the ECtHR has been criticized for, among other things, disregarding state consent/intention. Why do you think that has been the case?
What are some of the common features of the various monitoring organs that have been established with a view to monitoring compliance with specific UN human rights conventions?
The chapter notes that the human rights debate before the Human Rights Council is (still) highly politicized. Can you think of some examples?
What is the basis of the cultural relativist critique of human rights law?
Why is the zonal system a less than ideal system for conserving marine life? What approach does international law adopt towards the system?
What is the difference between an ‘island’ and a ‘rock’? Does it matter?Which principles govern the delimitation of overlapping continental shelves?
What is the difference between the right of innocent passage and the right of transit passage?
What is the difference between internal waters and territorial waters? And to what extent does the regulation of the two zones differ?
Which actors are deemed to have a legitimate interest in the regulation of the seas?
Can you come up with some examples of where the interests of a coastal state collide with the interests of other states?
When can a state invoke the responsibility of another state?
Why was the 2007 Behrami decision from the European Court of Human Rights criticized?
What are the conceptual differences between peremptory norms/jus cogens and erga omnes obligations?
What is the relationship between treaty law and state responsibility?
Can a state be in breach of its international obligations due to acts of private individuals?
Why are the rules on state responsibility classified as secondary rules of international law?
What options does a forum state have in relation to criminal activities emanating from a foreign diplomatic mission located on its territory?
Where is the consensual character of diplomatic relations reflected in diplomatic law?
Why are there generally more exceptions to immunity in relation to civil proceedings than with regard to criminal jurisdiction?
How would you justify limiting immunity ratione materiae in relation to international crimes?
In the Arrest Warrant case, the ICJ stated that immunity from criminal jurisdiction for a foreign minister is not the same as impunity. What did the Court mean by that?
Why has it proven to be difficult to introduce a workable definition of a sovereign (jure imperii) act on the one hand and a commercial (jure gestionis) act on the other?
Can you identify some of the tensions that respect for state immunity creates in relation to other considerations in international law?
How would you justify state immunity?
Why is the maxim of mala captus, bene detentus problematic from the point of view of international law?
What do you think is the best way to handle cases of concurring jurisdiction?
Can you think of some examples where a state’s assertion of prescriptive jurisdiction on the basis of the protective principle would be problematic?
Why is the ‘effects doctrine’ in the area of prescriptive jurisdiction controversial?
State sovereignty may speak in favour of both a wide and a narrow authority to assert jurisdiction. Why?
What does it mean that jurisdiction flows from sovereignty and not from international law?
When it comes to the issue of statehood, can you provide some examples of where there might be a tension between, on the one hand, notions of justice and, on the other, international stability?
How do you determine the extent of an international organization’s rights and obligations under international law?
From where do international organizations derive their legal personality?
Does Palestine fulfil the four Montevideo criteria for being considered a state under international law?
What did Judge Huber mean when he stated that ‘the continuous and peaceful display of territorial sovereignty is as good as title’?
Does Kosovo have a right to secede from Serbia?
What is the difference between an internal and an external right to selfdetermination? Why is the distinction important?
What is the problem with the two approaches to the role of recognition(the declaratory and the constitutive)?
Why is legal personality a relative concept?
Can you provide some examples of when it is important to identify the object and purpose of a treaty?
It is often the case that a treaty does not enter into force after a certain amount of time has passed. While a consenting state cannot be bound by a treaty that has yet to enter into force, it is
How should one determine if an agreement is a treaty governed by international law or is merely a political pledge?
What is the meaning of pacta sunt servanda and how does the principle manifest itself in the law of treaties?
In what ways does the interpretation of constituent treaties and human rights treaties differ from a more traditional approach to interpretation?
What is the legal significance of a soft law instrument?
Is a ‘soft law’ instrument legally binding?
In some cases, a conflict of norms may exist between the different sources of international law. Can you provide some examples of how international law tries to resolve such conflicts?
What is the difference between primary and secondary sources of international law? What are the primary and secondary legal sources in the national legal system in your country?
Where should one look for the practice of states for the purposes of the formation of customary international law?
What are the theoretical difficulties associated with the requirement of opinio juris as part of the formation of customary international law?
Why is the theory of sources tied to more basic theories about international law and the basis of legal obligation?
Can you think of any way that international society can be structured other than around states? And what consequences might an alternative configuration have?
Where do you see a (potential) tension between order and justice in international law?
What is the difference between the international law of coexistence and the international law of cooperation? Why is the law of coexistence a more stable structure?
How would you describe the relationship between international law and national law in the legal system of your state?Why does the conception of a national sovereign help to explain the role and
What is the difference between natural law and legal positivism? Do you see any reflections of the two theories in contemporary debates on public international law?
Why was the Peace of Westphalia perceived as a crucial turning point in the history and development of public international law?
U.S. firms have been successful in foreign franchising, particularly in fast food and other retail businesses and service companies. How do you account for this success? Where do you think the best
Identify the following instruments:a. A written promise by a bank to repay money received from a depositor.b. A written promise to pay another a certain sum of money.c. An instrument drawn by one
You approach a bank in the United Kingdom with a check issued in your favor in Australia. While waiting at the bank, you doodle on the back of the check. The bank refuses to recognize the check as

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