QCM : Foundations of International Law and Human Rights — 12 questions

Explication

The source explains that the League of Nations, established after President Wilson's 14 points, failed leading up to WWII, and that the United Nations Charter was signed in 1945 in San Francisco, marking the creation of the UN. Review: The definition of international law  It is created by states or entities, the main characteristis =>were created by states or by. Course evidence: "SDN => the league of nations, President Wilson sketched 14 points, the ancestor of the UN. It was prohibited wars and aggressions and promoted arbitration, negotiations and disbarment. It was failure because Unanimity required so little effective. No army.…"

Explication

The Peace of Westphalia ended the Thirty Years' War and established the principles of territorial sovereignty and non-interference, which are foundational to modern international relations and international law. Review: The evolutions of international law  1648 => year when it was born westphalie mon bb. Course evidence: "Peace of Westphalia : A treaty that ended the Thirty Years' War, establishing the principles of territorial sovereignty and non-interference, and considered the foundation of modern international relations."

Explication

State sovereignty became a central principle distinguishing interstate international law from earlier pre-state forms, marking the transition to modern state-based international relations. Review: Phases of international law development: pre-state and interstate. Course evidence: "- Interstate international law developed with the recognition of sovereign states, emphasizing state sovereignty. - State sovereignty became a central principle distinguishing interstate international law from earlier forms."

Explication

The source explicitly states that the 1927 Lotus case affirmed that states may act freely unless prohibited by international law, illustrating positivist principles. Review: Positivism and key international law cases. Course evidence: "The 1927 Lotus case affirmed that states may act freely unless prohibited by international law, illustrating positivist principles."

Explication

The source states that the legal equality of states under international law, regardless of size or power, was confirmed by the Helsinki Conference in 1975. The other events relate to different aspects of international law and human rights but do not confirm this principle. Review: Characteristics of the international legal order. Course evidence: "States are legally equal under international law, regardless of size or power, as confirmed by the Helsinki Conference in 1975."

Explication

The UN Security Council is characterized by having 5 permanent members with veto rights and 10 non-permanent members elected every two years, as stated in the source excerpt. Review: United Nations main organs and functions. Course evidence: "The UN Security Council consists of 5 permanent members with veto rights and 10 non-permanent members elected every two years."

Explication

According to the source, treaties conflicting with jus cogens norms are considered null and void under international law because jus cogens norms are peremptory principles from which no derogation is permitted. Review: Nullity of treaties and jus cogens norms. Course evidence: "- Treaties conflicting with jus cogens norms are considered null and void under international law. - Jus cogens norms are peremptory principles from which no derogation is permitted."

Explication

Unilateral acts are decisions or declarations made by a single state that can create binding international obligations if there is an actual intention to be bound, expressed publicly and by a competent authority, distinguishing them from treaties or non-binding acts. Review: Customary international law and unilateral acts. Course evidence: "- **Unilateral acts** : Decisions or declarations made by a single state that can create binding international obligations if there is an actual intention to be bound, expressed publicly and by a competent authority."

Explication

The source explicitly states that the UN Charter was signed in 1945 in San Francisco, establishing the prohibition on the use of force and the right of self-defense under Article 51. Review: State consent and self-defense in international law. Course evidence: "In 1945 in san Francisco the UN charter was signed. Article 1 Certain prevision in article 2 to 4 => the use of force is prohibited. The other key prevision is article 51 =>self-defence. It’s the two most important rules"

Explication

Mediation's primary role is to involve a neutral third party who helps disputing parties return to negotiation but does not propose a solution, distinguishing it from arbitration or direct negotiation. Review: Dispute resolution methods: negotiation, mediation, arbitration. Course evidence: "Mediation involves a neutral third party helping parties return to negotiation without proposing a solution."

Explication

The European Court of Auditors is specifically responsible for monitoring the EU's financial management and explicitly does not issue judicial rulings, distinguishing it from other EU institutions with different roles. Review: European Union institutions and legal framework. Course evidence: "The European Court of Auditors monitors the EU's financial management but does not issue judicial rulings."

Explication

The European Court of Human Rights was established in 1949, as indicated in the source's key dates table. Review: European Court of Human Rights: application and interpretation principles. Course evidence: "| 1949 | Creation of the European Court of Human Rights |"