CLAT PG International Law Syllabus

International Law syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for International Law in CLAT PG, not a summary of it.

1. 1

   Sources

   3 topics

   • Treaties
   • Customs
   • General Principles of Law
2. 2

   Subjects

   3 topics

   • States
   • International Organizations
   • Individuals

International Law flashcards for CLAT PG

20 of 51 cards from the International Law deck — real questions with worked answers.

1. What is public international law?

   The body of legal rules, norms, and standards that govern relations between states, international organizations, and (increasingly) individuals; traditionally called the 'law of nations.'

2. What are the formal sources of international law as listed in Article 38(1) of the ICJ Statute?

   (a) International conventions/treaties; (b) international custom; (c) general principles of law recognized by civilized nations; and (d) as subsidiary means, judicial decisions and the teachings of highly qualified publicists.

3. In Article 38(1) ICJ Statute, what are the two 'subsidiary means' for determining rules of law?

   Judicial decisions (case law) and the teachings/writings of the most highly qualified publicists of various nations.

4. How does the Vienna Convention on the Law of Treaties (1969) define a 'treaty'?

   An international agreement concluded between states in written form and governed by international law, whether in a single instrument or in two or more related instruments, whatever its particular designation.

5. What is the principle 'pacta sunt servanda'?

   Every treaty in force is binding upon the parties to it and must be performed by them in good faith (Article 26 VCLT).

6. What are the main stages in the conclusion of a treaty?

   Negotiation, adoption of text, authentication, signature, ratification/accession, entry into force, and registration.

7. What is the difference between signature and ratification of a treaty?

   Signature authenticates the text and may indicate intent to be bound, but ratification is the formal act by which a state definitively consents to be bound by the treaty.

8. What is a reservation to a treaty under the VCLT?

   A unilateral statement, however phrased or named, made by a state when signing, ratifying, accepting, approving, or acceding to a treaty, whereby it purports to exclude or modify the legal effect of certain provisions in their application to that state (Article 2(1)(d)).

9. When is a reservation to a treaty NOT permitted under Article 19 VCLT?

   When it is prohibited by the treaty, when the treaty allows only specified reservations not including it, or when it is incompatible with the object and purpose of the treaty.

10. What test for reservations did the ICJ lay down in the Reservations to the Genocide Convention case (1951)?

    A state may make a reservation and still be a party so long as the reservation is compatible with the object and purpose of the convention (the 'compatibility test').

11. What is 'jus cogens' (peremptory norm)?

    A norm accepted and recognized by the international community of states as a whole as one from which no derogation is permitted and which can be modified only by a subsequent norm of the same character (Article 53 VCLT).

12. Give three examples of jus cogens norms.

    Prohibition of aggression/use of force, prohibition of genocide, prohibition of slavery, prohibition of torture, and the prohibition of racial discrimination/apartheid (any three).

13. What is the effect under Article 53 VCLT if a treaty conflicts with a jus cogens norm?

    The treaty is void.

14. What does the doctrine 'rebus sic stantibus' mean in treaty law?

    A fundamental change of circumstances since the conclusion of a treaty may, under strict conditions (Article 62 VCLT), be invoked as a ground for terminating or withdrawing from the treaty.

15. What is the principle of 'pacta tertiis nec nocent nec prosunt'?

    A treaty does not create either obligations or rights for a third state without its consent (Articles 34-35 VCLT).

16. What are the two essential elements of international custom?

    (1) State practice (the objective/material element) that is general, consistent, and uniform; and (2) opinio juris sive necessitatis (the subjective element) — belief that the practice is legally obligatory.

17. What is 'opinio juris sive necessitatis'?

    The psychological/subjective element of custom: the conviction of states that a given practice is carried out because it is a legal obligation, not mere habit, courtesy, or convenience.

18. What is the 'persistent objector' rule in customary international law?

    A state that persistently and openly objects to an emerging rule of customary law during its formation is not bound by that rule once it crystallizes.

19. What did the ICJ hold about time and state practice in the North Sea Continental Shelf cases (1969)?

    The passage of a short period is not a bar to the formation of custom, but within that period state practice (including specially affected states) must be extensive, virtually uniform, and accompanied by opinio juris.

20. What is a 'local' or 'regional' custom and which case recognized it?

    A customary rule binding only among a particular group of states; recognized in the Right of Passage over Indian Territory case (Portugal v. India, 1960) and the Asylum case (Colombia v. Peru, 1950).

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