CLAT PG International Law Syllabus

How do treaty and custom interact when both exist on the same subject?

They can coexist; a treaty may codify, crystallize, or generate custom, and a customary rule may continue to apply alongside the treaty even between treaty parties (as held in Nicaragua v. USA, 1986).

What are 'general principles of law recognized by civilized nations'?

Principles common to the major domestic legal systems that fill gaps where no treaty or custom exists, such as good faith, equity, estoppel, res judicata, and unjust enrichment.

Give three examples of general principles of law applied by international tribunals.

Good faith, estoppel, res judicata, equity, unjust enrichment, the principle that no one can be a judge in his own cause, and reparation for breach (any three).

What is the role of 'general principles of law' as a source compared to treaty and custom?

They serve mainly a gap-filling (supplementary) role, ensuring an international tribunal can never declare 'non liquet' (no applicable law) when treaty and custom are silent.

What is 'ex aequo et bono' under Article 38(2) of the ICJ Statute?

The power of the ICJ to decide a case based on fairness and justice rather than strict law, but only if the parties expressly agree.

What are the four criteria of statehood under the Montevideo Convention (1933)?

(1) A permanent population; (2) a defined territory; (3) a government; and (4) the capacity to enter into relations with other states.

What is the difference between the constitutive and declaratory theories of recognition of states?

The constitutive theory holds that a state exists legally only when recognized by other states; the declaratory theory holds that statehood depends on meeting factual criteria and recognition merely acknowledges a pre-existing fact.

What is the distinction between de jure and de facto recognition?

De jure recognition is full, formal, and permanent acceptance of a government/state as legitimate; de facto recognition is provisional, tentative, and based on actual control, and can be withdrawn.

What is the principle of state sovereignty?

The supreme authority of a state within its territory and its independence and legal equality with other states in international relations, free from external interference.

What is the doctrine of 'sovereign (state) immunity'?

The principle that a state and its property are immune from the jurisdiction of the courts of another state ('par in parem non habet imperium' — an equal has no authority over an equal).

What is the difference between absolute and restrictive sovereign immunity?

Absolute immunity grants a state immunity for all acts; restrictive immunity grants immunity only for sovereign/public acts (acta jure imperii) and not for commercial/private acts (acta jure gestionis).

What is state succession?

The replacement of one state by another in responsibility for the international relations of a territory, raising questions about the transfer of treaty obligations, property, debts, and membership of organizations.

What is the 'clean slate' doctrine in state succession?

The principle (favouring newly independent/decolonized states) that a successor state starts free of the predecessor's treaty obligations and is not automatically bound by them.

What is the principle 'uti possidetis juris'?

The principle that newly independent states inherit the administrative/colonial boundaries existing at the time of independence, to preserve stability and prevent boundary disputes.

What are the essential elements of state responsibility for an internationally wrongful act?

(1) Conduct attributable to the state under international law, and (2) that conduct constitutes a breach of an international obligation of the state (ILC Articles on State Responsibility, Art. 2).

What are the recognized forms of reparation for an internationally wrongful act?

Restitution (restoring the prior situation), compensation (payment for damage), and satisfaction (acknowledgment, apology, or other appropriate measure) — singly or in combination.

What circumstances can preclude the wrongfulness of a state's act under the ILC Articles?

Consent, self-defence, countermeasures, force majeure, distress, and necessity.

How did the Chorzow Factory case (1928) define reparation?

Reparation must, as far as possible, wipe out all the consequences of the illegal act and re-establish the situation that would have existed had the act not been committed (full reparation).

What is an international organization?

An association of states (or other subjects) established by a treaty, possessing a permanent structure of organs and its own international legal personality distinct from its members, to pursue common objectives.

What is the legal basis and significance of the UN's international legal personality?

Affirmed by the ICJ in the Reparation for Injuries case (1949), which held the UN possesses objective international legal personality (implied from the Charter) and can bring international claims for injuries to its agents.

What is the doctrine of 'implied powers' of international organizations?

An organization possesses not only the powers expressly granted by its constituent treaty but also those necessarily implied as essential to performing its functions (Reparation for Injuries case, 1949).

Name the six principal organs of the United Nations.

The General Assembly, the Security Council, the Economic and Social Council (ECOSOC), the Trusteeship Council, the International Court of Justice, and the Secretariat.

What is the composition of the UN Security Council and the 'veto' power?

15 members: 5 permanent (China, France, Russia, UK, USA) with veto power over non-procedural matters, and 10 non-permanent members elected for two-year terms.

Under Article 25 and Chapter VII of the UN Charter, what is the binding nature of Security Council decisions?

Members agree to accept and carry out Security Council decisions; under Chapter VII the Council may make binding decisions including sanctions (Art. 41) and the use of force (Art. 42) to maintain or restore international peace and security.

What does Article 2(4) of the UN Charter prohibit?

It prohibits the threat or use of force against the territorial integrity or political independence of any state, or in any manner inconsistent with the purposes of the UN.

What is the right of self-defence under Article 51 of the UN Charter?

The inherent right of individual or collective self-defence if an armed attack occurs against a UN member, until the Security Council takes necessary measures; the measures must be reported to the Council.

What is the composition and jurisdiction basis of the International Court of Justice (ICJ)?

15 judges elected for nine-year terms; its contentious jurisdiction over states is based on consent (special agreement, compromissory clause, or the optional clause under Art. 36(2)), and it also gives advisory opinions.

How has the individual's status changed in modern international law?

Once treated only as an object, the individual is now a partial subject with rights (under human rights treaties) and duties (under international criminal law) enforceable directly at the international level.

What core crimes fall within the jurisdiction of the International Criminal Court under the Rome Statute?

Genocide, crimes against humanity, war crimes, and the crime of aggression.

What is the significance of the Nuremberg Trials for the individual in international law?

They established that individuals can be held criminally responsible under international law for international crimes, and that official position or superior orders is no defence — 'crimes are committed by men, not abstract entities.'

What is the principle of 'individual criminal responsibility' in international law?

Individuals, including heads of state and officials, can be personally prosecuted and punished for serious international crimes (war crimes, genocide, crimes against humanity), and official capacity does not grant immunity from such responsibility.