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derecho internacional público primera parte

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derecho internacional público primera parte

2º curso derecho internacional - inglés

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the new international community of our times has to deal with: the Usa and Russia confrontation not answering nothing, we live in peace organized crimes, terrorism, migration control at borders, climate change ...
which organ in the united nation does reflect the dominance principle? not answering he general assembly the security council's five permanent members the economic and social council.
the league of nations is not answering - the first international organization of universal scope and general competence - the first international organization of universal scope and specific competence - the original name of the united nations organization.
the limits to the application of the principle of effectiveness are based on the... - cannot be used to legalize illegal situations - depending on the recognition of each state in its internal constitution - not answering - there is no limit to international law.
he Westphalia peace ment... - the birth of the nation state - not answering - the end of first world war - the birth of internal organizations.
6. the principle of effectiveness - not answering it has three functions in international law: constitutive, modifying and adjudicative - it works by application of the internal courts of justice - it is not virtual in the international order.
7. the relations between the states comprising the international community remain... - largely vertical - not answering - largely horizontal - there is no structure in relations between states.
8. resolution 2625 (XXV) of the general assembly UN - it opened the stage of distension during the cold war - it meant the end of the british hegemony at the UN - it decided the expulsion of the USSR from the UN - not answering.
9. The East-West confrontation went through several stages - Not answering - Unification in the Siciety of Nation, world war and international community monopoly The Second World War, confrontation at the United Nations and the overthrow of communism - Confrontation in the Cold War, coexistence and distension.
10. The main features of the peremptory norms are... - imperativeness, generality, hierarchy and possibility of transformation - imperativeness, generality and hierarchy - imperativeness and generality - not answering.
1. Estoppel is... -a dispute resolution system that does not allow ICJ -not answering -a legal construction of a procedural nature - a legal structure that allows the creation of rights and obligations.
2. Which are the formal sources of international Law? - Treaties - Domestic laws and international custom - Not answering - Those mentioned under the article 38 of the ICJ.
3. The international Court of Justice’s advisory options are - Rules recognized by states - Subsidiary means for the determination of rules of law.
Judicial Decisions and teachings of the most highly qualified publicists of the various nations are.. - UN Resolutions - Subsidiary means for the determination of rules of law.
5. ..... within the international law standards is configured by... - By treaties - By peremptory norms(ius cogens) and UN Character Obligations - By certain law determined in domestic constitutions.
6. There is no hierarchy among the different sources of standards - Verdadero Falso.
7. Customary rules are result of the - Expressed consent - Implied consent - General practice accepted as law - Not answering.
8. An European Union Directive be an example of... - Not answering - An international treaty enforced to the whole international community - A resolution not legally binding to the EU Member States A mandatory resolution issued by a regional international organization and only enforced for EU Member States.
9. ...... Customary rule being formed among other states is known as... - Opposable subject - Persistent objector - Preventive subject - Not answering.
10. The Paris agreement adopted on 2015 is a good example of.. - Hard law agreement - Soft law agreement - Peremptory norm.
in an international Conference, does the adoption of a Treaty means the consent to be bound for all the parties? - yes, it is - no, because it is required the vote of one third of the states present and voting unless this majority decides to apply another rule - not answering - no, because it is required the vote of two thirds of the states present and voting unless this majority decides to apply another rule.
as explained in class, as a cause of invalidity, termination or suspension of the treaty’s application, the coercion of a representative of a state requires... - an act or threat directed against him eg: the use of violence - the corruption of the representative by economic means - the use of force in violation of the principles of international law embodied in the charter of the united nations. - not answering.
Does a commercial arrangement made between one government and a transnational corporation under one or more national laws is in the scope of the VCLT? not answering - yes, under Art. 2.1 of VCLT - no, according to article 3 of VCLT - yes, but it has to be in a written form under art. 2.1 VCLT.
As it has been explained in class, do treaties enter into force at the same time of its adoption? not answering yes, the adoption implies the entering into force as well it could happen only in the case of framework conventions no, each treaty has its own rules of adoption and enforcement, for example the VCLT.
According to the explanations given in class, the Protocol of Kyoto (1997) a Treaty which develops the provisions contained in a Framework Convention? not answering no, it is just an annex of the UN framework Convention on Climate Change ye, it is developed the minimal content of the United Nations Framework Convention on Climate Change’s provisions no, it is a developed Treaty of the Paris Agreement.
Does a treaty create obligations or rights for a third State? in general, treaties create rights and obligations for third states without the GA consent. not answering in general, treaties does not create rights and obligations for a third state without its consent. in general, treaties create rights and obligations for a third state without its consent.
Ratification”, “acceptance”, “approval”, and “accession” are meaning of... the adoption of a treaty the negotiation of a Treaty the consent of a state to be bound by a treaty.
According to Art. 30 VCLT the relation of treaties between the same parties with overlapping provisions shall be interpreted... not answering taking into account the earlier or latter treaty to the extent of its provisions taking into account the parties involved in their natural relations taking into account the provisions of the UN charter at first, the priority clases and if there are these, treaties shall be applied by prevailing rules and parties of the treaty.
May a state invoke its internal law and therefore, invalidate any provision of a Treaty according to a violation of its legal system? under art. 46 VCLT a trate may not invoke its internal law to validate its consent unless if the parties agrees so in general, a state may not invoke its internal law to invalidate its consent unless there is an approval of the GA. under art. 46 VCLT a state may not invoke its internal law to invalidate its consent unless there is a manifest and fundamental violation of its legal system.
Under art. 149.3 of the SC, Spanish Government has not the exclusive competence to celebrate treaties verdadero falso.
Does Catalonia have the right of self determination? Yes, because it pursues its political independence No, because it does not have the status of colony and it has not been under foreign domination No, because the UNGA 2625 solved the Catalonian conflict.
Can individuals be subjects of International Law? Yes, because they can response for obligations as crimes. For instance, genocide, piracy, war crimes... In general, they are not subjects of IL, but there are some regional systems which allow the possibility to bring claims. E.g. ECHR, ICHR... No, never, because they cannot bring claims before any international court nor regional court.
If one territory part of a State claim its internal self- determination right, could it be possible according to International Law? Yes, because the art 21 of the UN Declaration on Human Rights states that “the will of the people shall be the basis of the authority of government” No, because if its territory has not been under a foreign domination as a colony in whole or in part, then it cannot claim the secession Yes, because the art 1 of the International Covenant on civil and political rights states that all people have the right of self-determination and freely pursue their economic, social and cultural development...
Which condition does the Palestinian Liberation Front have before the United Nations? It is an UN observer It is a UN Member State It is a member of the Arab League.
Can belligerents or insurgents conclude Treaties under VCLT? No. The recognition of belligerency gives the insurgents certain international projection. They can conclude arrangements linked to the Law of War but not under scope of VCLT. Yes, because they are actors of international law with certain international recognition Only in the event of its recognition as a State by the International Community.
Are transnational corporations subjects of international law? Yes, because they can conclude arrangements with other States Yes, because they can conclude international agreements with States and International Organizations No, because they can’t bring claims nor response them before International Courts.
As well-established subjects of IL we can make a distinction between... States, International Organizations and religious entities as the Holy See States and International Organizations States, NGOs and IOs.
The main structure of the Holy See is: the Church itself, the Holy See and the Vatican City State Verdadero Falso.
A subject of international law cannot bring international claims before an international courts Verdadero Falso.
10. The United Nations possess international personality since its creation Verdadero Falso.
1. Which are the main elements to be taken into account to constitute a State? Territory, population and sovereignty Territory, population, political-legal structure and sovereignty Territory, citizenship and population.
Does the non-recognition of a State imply its non-existence? Yes, because the function of the non-recognition denies, the existence oft he State Absolutely not. The non recognition of a new State does not have the effect of its absence Only in the event of non-recognition from the UN.
3. Are all the States equal in rights and obligations? In terms of sovereignty, yes. However, the existence of some privileges or positive discrimination is frequently in the IC. No. Due to the existence of the Security Council In general, no, due to the existence of privileges or supremacy in some States.
4. Are States equal in rights and obligations? in general, no due to the existence of certain privileges of some states. E.g. Security Council in terms of sovereingty, yes. However, we have to take into account the existence of certain privileges of some States. E.g Security Council Certainly not because of the existence of the Security Council. E.g Security Council.
5.Within the international framework, the sovereignty is related to... The freedom to conduct international relations The adoption of policies for the whole of a State’s territory The freedom to conduct international relations without any additional requirements than IL.
6. Does an Autonomous Community have sovereignty? No, because sovereignty is a decisive element of State that allows to distinguish to other territories All the answers are correct(“not answering”option included) not answering No, because the Autonomous Communities just have some appointed competences.
A state can exist without a government. For instance, the case of the bellingerence or insurgency true false .
There are no limits to sovereignty because it implies the absence of submission to a superior power: true false .
The competences of the State cannot be exercised in another State unless in the embassies or consular offices of the receiving State true false .
The principle of the sovereign equality of States implies the obligation to intervene in the internal jurisdiction of other States. true false .
1. Why Julian Assange could not leave the Ecuadorian Embassy in London? because of the Swedish extradition order that claimed himself because Ecuador cannot provide him a citizenship because there is no safe- conduct for those people who request diplomatic asylum not answering.
2. Which are the main duties of the receiving state? A - not answering to grant the placet of the Head of the Mission nominated by the accrediting state; to declare as persona non grata to any member of the diplomatic staff; to request a reduction of the staff of the diplomatic mission. to appoint the staff of the diplomatic mission; to guarantee the police protection for personnel and premises and to create the necessary privileges and immunities. only to be responsible of granting the placet to the head of the mission.
Within the framework of diplomatic mission’s functions, we could say that they are provided under art. 3.1 of VCDR and they are... ? - not answering a restrictive number of functions a determined number of functions distinguishing between accrediting state and the receiving state a non numerus clausus of functions determined by mutual consent and ad hoc character.
Regarding the conference given by Mr. Eric Nolte, does a honorary consul may have a diplomatic career as a requirement to fulfill its duties? not answering yes, always no, but it is necessary to be a citizen of the accrediting state no, it is not necessary.
The Ambassador of Paraguay in Madrid has dismissed a staff member of the Embassy of Paraguay. The staff member has been hired through an external company based in Spain. His dismissal was produced as a consequence of a disciplinary record. Can the employee present a plaintiff to the Ambassador under the Spanish Jurisdiction? no, because the employee has been hired by an external company no, because the ambassador has jurisdiction immunity no, because he has to present the plaintiff before the Paraguays court.
Under Spanish R.D 644/2020 of July 7, the ministry of foreign affairs is responsible for... all the answers are right (not answering is not an option to be included in this case) planning, directing, executing and evaluating the states foreign policy and the policy of international cooperation promoting international economic, cultural and scientific relations, in its own sphere of action and application of immigration and foreigner policies.
The Diplomatic and Consular relation is based on the principle of ... protection between states - dominance. voluntary consent and mutual benefit.
An international agreement adopted and concluded by the Spanish Government President requires the production of full powers as it is stated on Art. 7.2 VCLT true false .
Mario is a staff member recruited by the Argentina’sEmbassy in Barcelona itself. His residence is fixed in Villanova i la gertrú since 2002. He has commited an economic crime during his functions at the embassy, but he cannot be judged before Spanish Courts due to his immunity. true false .
The diplomatic missions staff is not under the social security legal regime unless the staff have been recruited by an external contractor. true false .
The Economic and Social Council (ECOSOC) is composed of... 54 Members that can be extended to 56 for the AG at the recommendation of the CS 41 members elected by the Security Council 54 members elected by the GA.
Does the ICJ only have jurisdiction over disputes? No, because advisory opinions are not binding resolutions Yes, it does No, because it also has consultative function.
3. The main organs of the United Nations are... GA, SC, ECOSOC, ICJ GA, SC, ECOSOC, Secretariat, Trusteeship Council, ICJ ECOSOC, trusteeship Council, GA SC.
4. To become a new member of the UN the state is required to... Sign the 1942 Declaration, the UN Charter and ratify it Sing the UN Charter and fulfill it Sign the UN Charter , ratify it and fulfill it.
5. The duration of the Secretary's mandate is 3 years 5 years 4 years.
Which organ of the UN can decide the suspension of the UN member the GA by its own decision the SC by a recommendation of the GA The GA by a recommendation of the SC.
7. Has the UN charter been reformed over these years? Yes, twice yes, 3 times no, never .
8. A member of the UN which violates the principles contained in the UN Charter Can be expelled from the UN by the GA upon SC’s recommendation Can be expelled from the UN by the decision of the SC Can be expelled from the UN by the SC upon GA’s recommendation.
9. The SC is a restrictive organ composed by 16 members true false .
10. The member states of the UN suspended on their rights are also suspended on their obligations true false .
The principle of international cooperation for the protection of the environment means... A series of obligations and diverse manifestations The duty to promote the conclusion of international treaties The desire to cooperate in the prosecution of international environmental crimes .
The beginning of the ecological times are dated on... 2008 1968 1992.
3.Who are ten subjects who deal with the environment? A. States, IO’s, companies and individuals not answering .
4. The so-called Green Economy is known by the UN as... A basic mechanism to the adoption rules related to climate change A fundamental mechanism of the SDG’s A fundamental mechanism in the fight against poverty.
5. The international contemporary environmental law has precedence... A) Theinternationalcustom Notanswering C) General principles of IL D) Treaties.
6. The last stage in the evolution of the consideration of the environmental supposses... A) Notanswering B) Its consideration as a part of the Humanity and global concern C) Its consideration as a international mandatory rule of the IL D) Its consideration as a ius cogens rule.
7. The 1972 Stockholm Conference was to be the first... a) The establishment of several environmental Treaties b) The recognition of the Environmental as subject of IL c) Not answering d) Thebasisofenvironmentalstatementsthataregoingtobeappropriatedbythe later summits .
8. The main function of the UNEP is... A) Notanswering Thecoordinatorofthetasksoftheregionalinternationalorganizationsat international level C) The issuance of directly binding legal instruments D) Executive orientation and development of environmental cooperation programs.
9. The Polluter pays principle is provided under the 1992 Declaration of Rio de Janeiro true false .
10. The Forests Declaration concluded on the 1992 Rio de Janeiro Conference about Environmental and Development is a legally binding instrument true false .
1. Border delimitation is normally carried out A. In a single state:treaty B. In two stages: negotiation and treaty D. Inthreestages:treaty,negotiationanddelimitation.
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